People

Tom Childs is counsel in King & Spalding’s New York office and a member of the International Arbitration practice.

Tom specializes in international arbitration and litigation.  He represents U.S. and foreign companies in cross-border disputes arising under a wide variety of contracts, including oil and gas contracts, mining contracts, licensing agreements, distribution agreements and stock purchase agreements.  He also represents companies in disputes against foreign sovereigns arising under bilateral and multilateral investment treaties.  His litigation practice focuses on matters involving provisional remedies, cross-border discovery, the enforcement of foreign judgments and arbitral awards, and sovereign immunity and act-of-state questions.

Tom has represented clients from many business sectors, including oil and gas, mining, pharmaceuticals, financial services and automobile manufacturing.  He is experienced with the rules of all major arbitral institutions (including ICSID, the ICC, the AAA/ICDR and UNCITRAL) and with claims arising under public international law, New York law, English law, French law and Indian law.  He is admitted to the New York bar and as a solicitor of England and Wales (inactive) and holds an advanced degree in private international law from the University of Paris I.

Tom has published many articles relating to international arbitration and has spoken at international arbitration conferences in North America, Europe, the Middle East and India.

Before joining King & Spalding, Tom practiced litigation with Davis Polk & Wardwell in New York and clerked for Chief Judge Edward R. Korman of the United States District Court for the Eastern District of New York.

Recent Publications

  • “The Current State of International Oil and Gas Arbitration,” Texas Journal of Oil, Gas, and Energy Law, Vol. 13, No. 1, 2018.
  • “Enforcement of International Arbitral Awards: Should a Party Be Allowed Multiple Bites at the Apple?,” American Review of International Arbitration, Vol. 26, No. 2, 2015.
  • “Arbitration of Islamic Finance Disputes,” Islamic Finance News, January 2015 (co-author with Sarah Walker).
  • “I Know I am Going to Win, but What About my Money? Ensuring that Arbitration is Worth the Effort,” The International Comparative Legal Guide to International Arbitration 2012, August 2012 (co-author with Tom Sprange).
  • “Update on Lex Petrolea: The continuing development of customary law relating to international oil and gas exploration and production,” The Journal of World Energy Law & Business, Vol 4., No. 3, September 2011.
  • “Challenging a Host State’s Tax Measures Through International Arbitration,” King & Spalding Energy Newsletter, July 2011.
  • “Crisis in Libya: What Legal Options are Available to Oil and Gas Companies?,” King & Spalding Client Alert, May 2011.
  • “Enforcement of foreign arbitral awards in Egypt, Syria and Saudi Arabia,” Article in the International Bar Association’s Arbitration Newsletter, September 2010.
  • “A New Destination for Disputes,” Interview with the CEO of the Bahrain Chamber for Dispute Resolution in King & Spalding’s Middle East Quarterly Bulletin, Winter 2010.
  • “The Requirement of Fair and Equal Treatment with Respect to Document Production in International Arbitration,” Paper for the International Bar Association’s 12th International Arbitration Day Conference in Dubai, United Arab Emirates, February 2009 (co-author with Doak Bishop).

Speaking Engagements

  • “The Growing Incidence of Parallel Arbitration & Its Res Judicata Effects,” Penn State International Arbitration Day, New York, April 2015.
  • “Investment Arbitration in the Asia-Pacific,” AFIA Symposium, Washington, February 2015.
  • “Issue Estoppel in Post-Award Proceedings in the U.S. and England,” CPR Arbitration Committee, New York, October 2014.
  • “Evolution of International Energy and Minerals Arbitration,” RMMLF Conference on International Energy and Minerals Arbitration, Toronto, September 2013.
  •  “The Fair and Equitable Treatment Standard,” IBDE/LAD Global Economic Forum: Best Practices in Trade and Investment Promotion, London, April 2013.
  • “Islamic Finance: Would arbitration of disputes help or hinder the industry’s growth?,” London Arbitration Club (Financial Sector Branch), London, March 2013.
  • “Arbitrating competition issues,” Competition Law Summit, New Delhi, July 2012.
  • “Lex Petrolea,” ICC/AIPN Conference on Dispute Resolution in the International Oil & Gas Business, Paris, October 2011.
  • “International Oil & Gas Dispute Resolution: Recent Changes in the Middle East’s Legal Landscape,” AIPN International Conference 2010 in Doha, Qatar, September 2010.

Associations

  • Member, NYC Bar Association’s International Commercial Disputes Committee (co-chair, subcommittee on awarding of interest)
  • Member, ICC Task Force on Financial Institutions and International Arbitration
  • Member, CPR Arbitration Committee

 

 

Full Bio

Credentials

D.E.A., University of Paris I, Paris, France, with honors

J.D., Columbia University, Harlan Fiske Stone Scholar

B.A., Yale University, with distinction

England and Wales

New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Law Clerk, Chief Judge Edward R. Korman, U.S. District Court for the Eastern District of New York

French

Matters

International Commercial Arbitrations: International mining company in an ICSID arbitration arising under a mining contract.  Law of African state applies.

Indian pharmaceutical company in an ICC arbitration in New York arising under a licensing agreement. New York law applies.

International oil company in several UNCITRAL arbitrations involving claims arising under a production sharing contract.  Claims relate to cost recovery, gas pricing and other matters.  Indian law applies.

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Matters

International Commercial Arbitrations: International mining company in an ICSID arbitration arising under a mining contract.  Law of African state applies.

Indian pharmaceutical company in an ICC arbitration in New York arising under a licensing agreement. New York law applies.

International oil company in several UNCITRAL arbitrations involving claims arising under a production sharing contract.  Claims relate to cost recovery, gas pricing and other matters.  Indian law applies.

U.K. investment management company in an LCIA arbitration in London arising under a services contract. English law applied.

Indian automobile manufacturer in an UNCITRAL arbitration in London arising under a distribution agreement. English and U.S. federal law applied.

International oil company in an LCIA arbitration in London arising under a drilling contract.  English law applied.

Investment Treaty Arbitration: U.S. mining company in an UNCITRAL arbitration against the Government of Peru involving claims arising under the U.S.-Peru bilateral investment treaty and a stock purchase agreement.  Claims relate to liability for environmental contamination and other matters.

International oil company in ICSID arbitration against the Government of Algeria involving claims arising under the Denmark-Algeria bilateral investment treaty.  Claims related to a windfall profits tax.

International Litigations: U.S. financial institution in New York federal court to enforce a foreign arbitral award and to obtain interim injunctive relief against the award-debtors.

U.S. financial institution in New York federal court to obtain discovery under 28 U.S.C. § 1782 for use in foreign court proceedings.

Thai mining company in New York federal court and in High Court of England and Wales to enforce an arbitral award against the Government of Laos and to execute upon the Government’s assets.

Indian automobile manufacturer in Atlanta federal court to enforce an arbitration agreement.

Indian automobile manufacturer in High Court of England and Wales to enforce an international arbitral award.

Insights

Article · Source: Texas Journal of Oil, Gas, and Energy Law

January 1, 2018
The Current State of International Oil and Gas Arbitration

Article · Source: The American Review of International Arbitration

October 1, 2015
Enforcement of International Arbitral Awards: Should a Party Be Allowed Multiple Bites at the Apple?

View all

Matters

International Commercial Arbitrations: International mining company in an ICSID arbitration arising under a mining contract.  Law of African state applies.

Indian pharmaceutical company in an ICC arbitration in New York arising under a licensing agreement. New York law applies.

International oil company in several UNCITRAL arbitrations involving claims arising under a production sharing contract.  Claims relate to cost recovery, gas pricing and other matters.  Indian law applies.

See more
Icon close

Close

Matters

International Commercial Arbitrations: International mining company in an ICSID arbitration arising under a mining contract.  Law of African state applies.

Indian pharmaceutical company in an ICC arbitration in New York arising under a licensing agreement. New York law applies.

International oil company in several UNCITRAL arbitrations involving claims arising under a production sharing contract.  Claims relate to cost recovery, gas pricing and other matters.  Indian law applies.

U.K. investment management company in an LCIA arbitration in London arising under a services contract. English law applied.

Indian automobile manufacturer in an UNCITRAL arbitration in London arising under a distribution agreement. English and U.S. federal law applied.

International oil company in an LCIA arbitration in London arising under a drilling contract.  English law applied.

Investment Treaty Arbitration: U.S. mining company in an UNCITRAL arbitration against the Government of Peru involving claims arising under the U.S.-Peru bilateral investment treaty and a stock purchase agreement.  Claims relate to liability for environmental contamination and other matters.

International oil company in ICSID arbitration against the Government of Algeria involving claims arising under the Denmark-Algeria bilateral investment treaty.  Claims related to a windfall profits tax.

International Litigations: U.S. financial institution in New York federal court to enforce a foreign arbitral award and to obtain interim injunctive relief against the award-debtors.

U.S. financial institution in New York federal court to obtain discovery under 28 U.S.C. § 1782 for use in foreign court proceedings.

Thai mining company in New York federal court and in High Court of England and Wales to enforce an arbitral award against the Government of Laos and to execute upon the Government’s assets.

Indian automobile manufacturer in Atlanta federal court to enforce an arbitration agreement.

Indian automobile manufacturer in High Court of England and Wales to enforce an international arbitral award.

Insights

Article · Source: Texas Journal of Oil, Gas, and Energy Law

January 1, 2018
The Current State of International Oil and Gas Arbitration

Article · Source: The American Review of International Arbitration

October 1, 2015
Enforcement of International Arbitral Awards: Should a Party Be Allowed Multiple Bites at the Apple?

View all

Credentials

D.E.A., University of Paris I, Paris, France, with honors

J.D., Columbia University, Harlan Fiske Stone Scholar

B.A., Yale University, with distinction

England and Wales

New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Law Clerk, Chief Judge Edward R. Korman, U.S. District Court for the Eastern District of New York

French