Quinn emanuel trial lawyers

Foden, Timothy

Timothy Foden

Of Counsel

  Biography

Timothy Foden is Of Counsel in Quinn Emanuel’s London office, joining the firm in 2013. His practice focuses on investor-treaty and high value commercial arbitration in the mining and energy sectors, with additional experience in technology licensing and commodities. He has represented dozens of investors in bringing claims against governments under the Energy Charter Treaty and various bilateral investment treaties.

Timothy also has extensive commercial arbitration experience. Timothy has represented, inter alia, multiple global mining corporations, an international chemical engineering firm, a leading international hospitality management company, a major aluminum smelter. He has acted in proceedings under the ICSID, ICC, UNCITRAL, LCIA and ICDR arbitration rules.

Timothy also has extensive experience in the enforcement of commercial and ICSID arbitration awards in the courts of the United States, the United Kingdom and Belize.

Timothy served for two years as Co-Chair of Young ICCA, and was a deputy editor of the European International Arbitration Review. He speaks regularly on international arbitration matters around the world.

Timothy was named by Global Arbitration Review and Who’s Who Legal as a “Rising Star in International Arbitration” for 2017.

  Notable Representations

  • An international chemical engineering firm in multiple disputes concerning the licensing and engineering of a bioethanol facility in South America.
  • Anglogold Ashanti in an investment dispute with the Republic of Ghana concerning the invasion of illegal miners into the claimant’s mining footprint.
  • HG Capital and 13 other energy investors and utilities in an Energy Charter Treaty claim against the Kingdom of Spain for interference with foreign investments in the photovoltaic power generation sector.
  • Rreef Infrastructure and other institutional energy investors and utilities in Energy Charter Treaty claims against the Kingdom of Spain for interference with foreign investments in the concentrated solar power and wind power generation sectors.
  • AES Corporation in an ICSID annulment proceeding against Hungary in relation to claims brought under the Energy Charter Treaty for interference with the AES’s power plant investments.
  • A major South African mining construction firm in three related international arbitrations in Switzerland and France in a dispute with a Russian chemical company regarding the construction of a mine complex in Southern Russia.
  • A major U.A.E. aluminium smelter against a prominent Swiss trading house in a dispute regarding changes in the pricing of commodities used in the smelting process.
  • A leading multinational gold mining corporation against a mine drilling contractor in a dispute over a services agreement.
  • Marriott International in a dispute with hotel owners regarding the hotel management agreement relating to a prominent Dublin hotel property.

  Education

  • American University
    (J.D., magna cum laude, 2005)
    • Order of the Coif

  • The George Washington University
    (B.A., magna cum laude, 2002)
    • Phi Beta Kappa

  Admissions

The District of Columbia Bar; United States Court of Appeals: Eleventh Circuit; Solicitor, England and Wales

  Prior Associations

  • Eleventh Circuit Court of Appeals:
    • Staff Attorney, 2006-2008

  Awards

  • Named a Future Leader in Arbitration by Who’s Who Legal: Arbitration 2017

Publications and Lectures

  • Panel Speaker, Clash Between the Common Law and Civil Law Approach in International Arbitration, ICC YAF Event, Cambridge International Arbitration Day, 17 March 2017.
  • Guest Lecturer, Cross-Examination in Investment Treaty Arbitration, Sciences Po University, Paris, France, 20 March 2017.
  • Burden of Proof Regarding Jurisdiction, Arbitration Under International Investment Agreements: A Guide to the Key Issues, Second Edition, Katia Yannaca-Small, editor. Oxford University Press (2017). Co-Authors: Baiju Vasani, Timothy Foden and Hafsa Zayyan.
  • Deputy Editor, Global Arbitration Review: The Guide to Advocacy, Law Business Research Ltd, London.
  • Panel Speaker, “Getting into and getting ahead in International Arbitration”, Blacks of the American Society of International and Young ICCA Joint Workshop, 26 September 2016.
  • Panel Speaker, “Conduct of counsel before arbitral tribunals”, Dublin International Arbitration Day, 5 November 2015, Dublin, Ireland.
  • Moderator: Transparency in International Commercial Arbitration: the Way of the Future or the Beginning of the End, The Young ICCA Soap Box, HKIAC-ICCA Summit, 13 May 2015. Speaker, Dublin International Arbitration Day, 7 November 2014, Panel: “Document Production in International Arbitration: Is it worth the cost and effort?”.
  • Speaker, Opening Ceremonies, ICCA Congress, Miami, 6 April 2014.
  • Rapporteur, A-1 Proof: A Plea for Precision, ICCA Congress, Miami, 7 April 2014.
  • Panel Speaker, The Do’s and Don’ts of Written Advocacy, Young ICCA Seminar, 10 April 2014.
  • Lecture, The Process of International Arbitration: Are Procedural Practices still divergent or are they converging?, AFSIA / DAV Conference, Frankfurt, Germany 10 March 2014.
  • Lecture, New Developments in Definition of “Investment”: what is the role of the Concept of “Property” in Investment Arbitration?: 8th Annual Juris Conference on Investment Treaty Arbitration, 28 March 2014.
  • Back to Bricks and Mortar: The Case for a “Traditional” Concept for Investment that Never Was: Juris 2014.
  • Selected Essays on International Arbitration, Michael Hwang – Book Review, TDM, 24 March 2014.
  • Basic Documents on the Settlement of International Disputes (eds. C.J. Tams and A. Tzanakopoulos) - Book review - Advance publication, 16 January 2013.
  • Burden of Proof Regarding Jurisdiction, Arbitration Under International Investment Agreements: A Guide to the Key Issues, Katia Yannaca-Small, editor. Oxford University Press (2010). Co-Authors: Baiju Vasani and Timothy Foden
  • The Concept of Personal Jurisdiction in the United States, IBA/ABA Transnational Litigation Conference, Vienna, Austria (June 2009). Co-Author: Timothy L. Foden

Professional Activities

  • Deputy Editor, European International Arbitration Review, 2011-2016
  • Co-Chair, Young ICCA, 2011-2014