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Emma Lindsay leads the international arbitration team in New York. She represents corporate, sovereign and individual clients in numerous jurisdictions, under various applicable laws and across a wide range of industries, including energy, infrastructure, insurance, pharmaceuticals, tourism, hospitality and financial services. Ms. Lindsay acts as counsel in international commercial and investment treaty arbitrations under the major arbitration rules and ad hoc. She also appears in U.S. federal and state courts in international litigation matters. Her experience spans disputes involving the Americas, Africa, Asia, Europe and the Middle East. She regularly advises clients in connection with transactional matters, including risk mitigation in investment strategies and the drafting of dispute resolution clauses in international contracts. In addition to her work as counsel, Ms. Lindsay sits as an arbitrator.

Her engagements have included representing a former officer of a leading German car manufacturer in U.S. federal court litigation and appellate proceedings; defending a Latin American state in two international investment treaty arbitrations and a companion ICC arbitration stemming from privatization of the country’s electricity sector; and advising an Asian state on territorial and maritime claims in the South China Sea. As part of her international practice, Ms. Lindsay represents and advises states, corporations, individuals, international organizations and non-governmental organizations on public international law matters including the negotiation, interpretation and application of treaties, sovereignty over territory, land and maritime boundaries, state immunity, international investment law and international human rights law.  

Ms. Lindsay has an active pro bono practice spanning representation and advice in matters at the state, federal, regional and international levels, including proceedings before the International Criminal Court, the European Court of Human Rights, the Extraordinary Chambers in the Courts of Cambodia (the Khmer Rouge Tribunal) and various United Nations bodies, as well as at Guantánamo Bay. She also represents refugees from conflict-torn regions seeking asylum in the United States.

Ms. Lindsay received her B.A. Jurisprudence with honors from Oxford University, where she was awarded Balliol College’s Paton Prize. She received her LL.M. in international legal studies from New York University School of Law, where she was a graduate editor of the Journal of International Law and Politics. Ms. Lindsay served as a law clerk at the International Court of Justice to former President of the Court Judge Shi Jiuyong of China and to Judge Pieter H. Kooijmans of The Netherlands. She taught international law at The New School University from 2011 to 2014 and is a frequent speaker and author on international arbitration and litigation issues.

Civic Involvement & Honors

    • Member of the Board of Directors, Clooney Foundation For Justice, 2016-present
    • Latin America’s Top 100 Female Lawyers, Arbitration and Litigation, Latinvex, 2016 and 2017
    • Member of the International Disputes Committee of the Association of the Bar of the City of New York, 2014-present
    • Delegate of the American Society of International Law to the 47th Session of the United Nations Commission on International Trade Law (UNCITRAL), 2014
    • Member of the Board of Trustees, International Charter School of New York, 2014-present
    • Vice President of the American Foreign Law Association, 2013-present (formerly Director, 2011-2013, and Secretary, 2009-2011)
    • Member of the Steering Committee of the Yale Law School Latin American Legal Studies Program, 2012-present
    • Delegate of the American Society of International Law to the 52nd Session of the UN Committee on Elimination of Discrimination Against Women, 2012
    • Lecturer in International Law, The New School University, 2011-2014
    • Vice Chair of the Arbitration Committee of the Section of Dispute Resolution of the American Bar Association, 2010-2012
    • Member of the United Nations Committee of the Association of the Bar of the City of New York, 2007-2013
    • Judge of the Philip C. Jessup International Law Moot Court Competition, 2006, 2009, 2010
    • Consultant to NGO Femmes Africa Solidarité at the inaugural African Gender Forum in Dakar, Senegal, 2005
    • Law Clerk to Judge Shi Jiuyong (President of the Court, China) and Judge Pieter H. Kooijmans (The Netherlands), International Court of Justice, 2004-2005
    • Graduate Editor, Journal of International Law and Politics, New York University School of Law, 2002-2003
    • Research Assistant, British Institute of International and Comparative Law, 2001-2002
    • Member of the Steering Committee of the Yale Law School Latin American Legal Studies Program, 2012-present
    • Delegate of the American Society of International Law to the 52nd Session of the UN Committee on Elimination of Discrimination Against Women, 2012
    • Lecturer in International Law, The New School University, 2011-2014
    • Vice Chair of the Arbitration Committee of the Section of Dispute Resolution of the American Bar Association, 2010-2012
    • Member of the United Nations Committee of the Association of the Bar of the City of New York, 2007-2013
    • Judge of the Philip C. Jessup International Law Moot Court Competition, 2006, 2009, 2010
    • Consultant to NGO Femmes Africa Solidarité at the inaugural African Gender Forum in Dakar, Senegal, 2005
    • Law Clerk to Judge Shi Jiuyong (President of the Court, China) and Judge Pieter H. Kooijmans (The Netherlands), International Court of Justice, 2004-2005
    • Graduate Editor, Journal of International Law and Politics, New York University School of Law, 2002-2003
    • Research Assistant, British Institute of International and Comparative Law, 2001-2002
    • Judge of the Philip C. Jessup International Law Moot Court Competition, 2006, 2009, 2010
    • Consultant to NGO Femmes Africa Solidarité at the inaugural African Gender Forum in Dakar, Senegal, 2005
    • Law Clerk to Judge Shi Jiuyong (President of the Court, China) and Judge Pieter H. Kooijmans (The Netherlands), International Court of Justice, 2004-2005
    • Graduate Editor, Journal of International Law and Politics, New York University School of Law, 2002-2003
    • Research Assistant, British Institute of International and Comparative Law, 2001-2002
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Professional Affiliations

    • American Bar Association
    • Association of the Bar of the City of New York
    • American Foreign Law Association
    • American Society of International Law
    • International Bar Association
    • International Council for Commercial Arbitration (ICCA)
    • International Arbitration Club of New York
    • ArbitralWomen
    • CPR Arbitration Committee
    • ICC Young Arbitrators Forum
    • ICDR Young & International
    • LCIA Young International Arbitrators Group
    • Young ICSID
    • International Council for Commercial Arbitration (ICCA)
    • International Arbitration Club of New York
    • ArbitralWomen
    • CPR Arbitration Committee
    • ICC Young Arbitrators Forum
    • ICDR Young & International
    • LCIA Young International Arbitrators Group
    • Young ICSID
    • ICC Young Arbitrators Forum
    • ICDR Young & International
    • LCIA Young International Arbitrators Group
    • Young ICSID
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Representative Experience

International Arbitration

  • Represented U.S. manufacturer and distributor of skincare products against Norwegian supplier in arbitration in London under JAMS International Arbitration Rules.
  • Successfully defended African State against jurisdiction of ICC arbitration tribunal allegedly based on unsigned contract containing arbitration clause.
  • Represented U.S. hospitality company in AAA/ICDR arbitration concerning acquisition of restaurant chain from Japanese and U.S. sellers. 
  • Represented Barbadian investor in ICSID arbitration against Bolivarian Republic of Venezuela involving claims under Barbados-Venezuela bilateral investment treaty with respect to expropriation of hotels and tourism-related assets.
  • Represented Panamanian corporation in AAA/ICDR arbitration involving rights to sale and use of entertainment technology throughout South America, Central America and the Caribbean.
  • Represented Japanese pharmaceutical company in ICC arbitration concerning price revision under long-term development and distribution agreement governed by Pennsylvania law.
  • Represented U.S. private equity firm in AAA/ICDR arbitration concerning contribution obligations under partnership agreement governed by Delaware law.
  • Represented Latin American State in bilateral investment treaty arbitration concerning electricity sector, conducted in New York pursuant to UNCITRAL Rules and administered by London Court of International Arbitration.
  • Represented Latin American State in investment treaty arbitration concerning electricity sector, conducted in New York under CAFTA-DR pursuant to UNCITRAL Rules and administered by Permanent Court of Arbitration.
  • Represented State-owned company in ICC arbitration concerning dispute with concessionaire under concession agreement.
  • Represented Japanese company in ICC arbitration in Singapore under share purchase agreement governed by Indian law.
  • Represented international insurer in ad hoc arbitration in London concerning coverage dispute with multinational pharmaceutical company.
  • Advised Chinese shipping company in respect of dispute with Brazilian counterparty involving intersection of arbitration law, contract law, maritime law and bankruptcy law in multiple jurisdictions.
  • Advised U.S. investor in respect of claims under NAFTA involving transportation sector.
  • Advised U.S. investors in respect of ICSID claims against Latin American State arising under bilateral investment treaty and involving oil and gas industry.
  • Advised Asian State in connection with territorial and maritime boundary disputes in South China Sea.
  • Advised U.S. financial institution on litigation and enforcement risks of multibillion dollar transaction with Latin American State and State-owned entity.
  • Served as sole arbitrator in ICC arbitration under sales and purchase agreement.
  • Served as sole arbitrator in ICC arbitration of intellectual property licensing dispute between Swedish, Canadian and U.S. parties. 

International Litigation

  • Successfully opposed temporary restraining order and preliminary injunction sought against Irish corporate client in U.S. federal court, leading to immediate voluntary dismissal of all claims against client by opposing party.
  • Defended German individual in litigation in U.S. District Court for Southern District of New York and against appeal to U.S. Court of Appeals for the Second Circuit pursued by hedge funds seeking to recover losses on foreign stocks.
  • Represented U.K. individual in resisting motion to compel arbitration under U.S. Federal Arbitration Act.
  • Represented U.S. entity in matter arising in U.S. federal court concerning enforcement of an international arbitration award rendered in Switzerland.
  • Advised Venezuelan individual seeking discovery in aid of foreign litigation under 28 U.S.C. § 1782.
  • Advised U.S. individual in connection with investigation by and proceedings before magistrate judges in Paris for alleged insider trading.

Commercial Arbitration/Mediation

  • Represented financial services company in arbitration under AAA Commercial Rules concerning dispute with former employees regarding share buyback.
  • Represented financial services company in JAMS mediation concerning dispute with former employees.
  • Represented private equity firm in arbitration under JAMS Arbitration Rules.

Pro Bono Litigation & Advice

  • Advised Clooney Foundation for Justice TrialWatch Program on legal and practical issues relating to trial observation and court monitoring worldwide.
  • Represented international NGO in connection with litigation and legislative strategies to seek accountability for war crimes and crimes against humanity committed in mining and sale of “blood diamonds” from Sierra Leone.
  • Advised Zambian individual in connection with claims under International Covenant on Civil and Political Rights.
  • Advised Legal Representative of the Victims in The Prosecutor v. Uhuru Kenyatta (Kenya Case 2) at International Criminal Court on issues of international criminal law and procedure.
  • Represented Chinese national in individual complaint against The Netherlands before UN Committee on the Elimination of Discrimination Against Women.
  • Advised on legal claims and litigation strategy in cases before European Court of Human Rights, including challenge to conduct of Russian criminal court proceedings and to extraordinary rendition to CIA “black sites” in Europe and elsewhere.
  • Advised Office of the Co-Prosecutors at the Extraordinary Chambers in the Courts of Cambodia (the Khmer Rouge Tribunal) on international criminal law issues in connection with Case 002 against four surviving senior Khmer Rouge leaders.
  • Advised on challenges to jurisdiction of military commission constituted pursuant to Military Commissions Act brought by detainee at United States Naval Base at Guantánamo Bay, Cuba.
  • Advised Argentinean NGO on international and domestic prosecutions of war crimes and crimes against humanity.
  • Represented clients from Africa and Asia seeking asylum in the United States.

Publications

  • Co-Author (with Maria Gritsenko), "Reflections on 'AfrICCA' in Mauritius," CDR (Commercial Dispute Resolution) News and African Law & Business (2016)
  • Co-Author (with Jovana Crnčević), “The continued journey for justice: the Kenyan victims' role in the case against President Kenyatta before the International Criminal Court,” International Bar Association Pro Bono Committee News, Issue No. 4 (2016)
  • Co-Author (with Jovana Crnčević), “Pro bono pursuit of judicial review for Kenyan victims at the International Criminal Court,” International Bar Association Pro Bono Committee News, Issue No. 3 (2015)
  • Co-Author (with Robert H. Smit), “Enforcement by U.S. Courts of International Arbitration Interim Orders and Awards under the New York Convention: Publicis Communication v. True North Communications Inc.,” Post-Hearing Issues in International Arbitration (Devin Bray and Heather L. Bray, editors), Juris (2013)
  • Co-Author (with Robert H. Smit, Peter C. Thomas and Tyler B. Robinson), Comparison of International Arbitration Rules, Juris (2013)
  • Co-Author, Report on Legal Issues Involved in the Western Sahara Dispute: The Principle of Self-Determination, New York City Bar Association (2012)
  • Author, “The Arbitral Tribunal or the National Court – Who Decides Whether There Is an Agreement to Arbitrate?,” New York Dispute Resolution Lawyer (2011)
  • Co-Author, Report on Legal Issues Involved in the Western Sahara Dispute: Use of Natural Resources, New York City Bar Association (2011)
  • Author, “Lysistrata, Women & War: International Law’s Treatment of Women in Conflict and Post-Conflict Situations,” Texas Wesleyan Law Review (2005)

Speaking Engagements

  • Panelist, Effective Advocacy in International Arbitration, PLI International Arbitration Day, New York (2017)
  • Speaker, Roundtable on Women in International Arbitration, New York University School of Law, New York (2017)
  • Speaker, “Advising on JV Disputes Between U.S. and Asian Companies,” 5thInternational Arbitration Summit for Korea and Japan, Seoul, South Korea (2016)
  • Panelist, “Skills That Make a Difference: What It Takes To Be Effective Counsel in International Arbitration/How to Get Your First Arbitrator Appointment,” Young ArbitralWomen Practitioners Conference, New York (2016)
  • Speaker, “The International Criminal Court:  A Primer for U.S. Lawyers,” Cyrus R. Vance Center for International Justice, New York (2016)
  • Panelist, “Victims’ Search for Justice: International Criminal Tribunals and the Victims’ Role,” American Bar Association Section of International Law Spring Meeting, New York (2016)
  • Guest Lecturer, "Victim Participation at the International Criminal Court," The New School University, New York (2015)
  • Presenter, "Oral Advocacy in International Arbitration," Seminar on Differences Between International Arbitration and Litigation, New York University School of Law, New York (2015)
  • Presenter, "Working with Clients in International Arbitration," Young ICCA Skills Workshop, New York (2015)
  • Presenter, “Consent to Arbitration,” International Arbitration Seminar on Convergence and Divergence of Investment and International Commercial Arbitration, Fundación Institucionalidad y Justicia and New York University School of Law, Santo Domingo, Dominican Republic (2014)
  • Guest Speaker, Course on International Business Transactions, New York University School of Law, New York (2014)
  • Guest Lecturer, Course on International Commercial Arbitration, New York University School of Law, New York (2013)
  • Speaker, International Law Careers in the Private Sector, New York University School of Law, New York (2012)
  • Speaker, Yale Law School Latin American Legal Studies Program Roundtable on Investment Arbitration in the Latin American Context, New York (2012)
  • Speaker, Beginning a Career in International Arbitration, Columbia Law School, New York (2010)
  • Speaker, ARIAS Arbitrator Training Workshop, Tarrytown, New York (2009)
  • Speaker, Seminar on Recognition and Enforcement of International Arbitration Awards, Santo Domingo, Dominican Republic (2008)