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Timothy Foden

Partner

Admission

England and Wales, 2010
District of Columbia, 2008
First admitted in Maryland, 2005

Nationality

American, British

Languages

English

London

25 Eastcheap, London,
EC3M 1DE,
United Kingdom

Contact

+44 20 3880 1540

Timothy (“Tim”) Foden joined LALIVE in 2018 and is a partner of LALIVE (LONDON) LLP. His practice focuses on investor-treaty and complex commercial arbitrations in the mining and energy sectors, with additional experience in technology licensing, commodities and hospitality.

Over the last 10 years, he has represented dozens of investors in bringing claims against States under the Energy Charter Treaty and various bilateral investment treaties and represented multiple global mining and energy corporations.  Tim also has extensive commercial arbitration experience, having represented, inter alia, international chemical engineering firms, global mining concerns, a leading international hospitality management company and a major aluminium smelter.

He has acted in proceedings under the ICSID, ICC, SCAI, UNCITRAL, LCIA and ICDR arbitration rules and has extensive experience in the enforcement of commercial and ICSID arbitration awards in the courts of the United States, England and Belize.

Tim currently serves as a board member of American Qualified Lawyers in London. He acted as co-Chair of Young ICCA (2011-2014), deputy editor of the European International Arbitration Review (2011-2016) and speaks regularly on international arbitration matters around the world. He has been recognised by Global Arbitration Review and Who’s Who Legal as a “Rising Star in International Arbitration” for the past two years.

Before joining the firm, Tim Foden worked as Of Counsel of the International Arbitration Group of a leading U.S. firm in London and prior to that as an associate in the arbitration department of a Magic Circle law firm (2011-2013). Before that, Tim was an associate in the International Arbitration Group of a prominent U.S. law firm (2008-2011).  Tim began his legal career working as a Staff Attorney for the Eleventh Circuit Federal Court of Appeals in Atlanta, Georgia (2006-2008). He holds a J.D. (Juris Doctor) magna cum laude from the American University (2005) and a B.A. magna cum laude from the George Washington University (2002).

Burden of Proof Regarding Jurisdiction

Timothy Foden, Hafsa Zayyan, Baiju Vasani, 2018

In: Katia Yannaca-Small (Ed.), Arbitration Under International Investment Agreements: A Guide to the Key Issues, Second Edition, Oxford University Press, 2018

The Global Arbitration Review Guide to Advocacy

Timothy Foden, 2018

Editor and Contributing Author, The Global Arbitration Review Guide to Advocacy, Second Edition, Business Research Ltd, London, January 2018

Back to Bricks and Mortar: The Case for a “Traditional” Concept for Investment that Never Was

Timothy Foden, 2015

In: Laird et al (Ed.), Investment Treaty Arbitration and International Law, Volume 8, Juris, 2015

Selected Essays on International Arbitration

Timothy Foden, 2014

Book Review, Transnational Dispute Management

Review of C.J. Tams and A. Tzanakopoulos (Eds.), Basic Documents on the Settlement of International Disputes

Timothy Foden, 2013

Book Review, Transnational Dispute Management

Quadrant Chambers

International Arbitration Panel Debate: ICSID arbitration in the age of populism; the case for reform

12/11/2019 London Timothy Foden Moderator: Why the populists have got it wrong

For more information, see the programme.

KNECT 365: The Future of International Arbitration

Technology & Arbitration – In Danger of Being Too Comfortable Bedfellows?

26/03/2019 London Timothy Foden Panellist

CARDS’ 3rd Tour de Arbitration

Effective Advocacy in International Arbitration: What Exactly to Do?

01/02/2019 Paris Timothy Foden Panellist

6th ITA-IEL-ICC Joint Conference on International Arbitration

The Future of Investor State Dispute Settlement and the Implications for the Energy Industry

25/01/2019 Houston Timothy Foden Panellist

International Bar Association – IBA African Regional Forum and the IBA Litigation Committee

Litigation and Dispute Resolution in Africa

15/11/2018 Accra Timothy Foden Speaker: Human rights and public interest litigation

Permanent Court of Arbitration, Ministry of External Affairs (Government of India)

The Future of Investor State Dispute Settlement and the Implications for the Energy Industry

27/10/2018 New Delhi Timothy Foden Speaker: Avoiding Investment Treaty Disputes & Defences of Investment Disputes

For more information, see the programme.

ICC Young Arbitrators Forum (ICC YAF)

How can we lay the “fourth arbitrator” to rest? Re-evaluating the Regulation of Arbitral Secretaries

24/07/2018 London Timothy Foden Panellist

IBA Conferences

4th Annual Investing in Africa Conference

22/06/2018 London Timothy Foden Speaker: Opportunities and challenges for investors, and how advisors can assist

American University, Washington College of Law

Salient Issues in International Commercial Arbitration in Europe

14/11/2017 Washington Timothy Foden Panellist

Science Po University

Cross-Examination in Investment Treaty Arbitration

20/03/2017 Paris Timothy Foden Lecturer

ICC YAF

Cambridge International Arbitration Day

17/03/2017 Cambridge Timothy Foden Panellist: Clash Between the Common Law and the Civil Law Approach in International Arbitration

Blacks of the American Society of International and Young ICCA Joint Workshop

Getting into and getting ahead in International Arbitration

26/09/2016 Washington Timothy Foden Speaker

The Irish Arbitration Association

Dublin International Arbitration Day

05/11/2015 Dublin Timothy Foden Speaker: Conduct of counsel before arbitral tribunals

HKIAC-ICCA Summit

The Young ICCA Soap Box

13/05/2015 Hong-Kong Timothy Foden Moderator: Transparency in International Commercial Arbitration: the Way of the Future or the Beginning of the End?

The Irish Arbitration Association

Dublin International Arbitration Day

07/11/2014 Dublin Timothy Foden Speaker: Document Production in International Arbitration: Is it worth the cost and effort?

The Young ICCA Seminar

The Psychology of Persuasive Argument: Do’s and Don’ts for Successful Advocacy.

10/04/2014 Miami Timothy Foden Panellist

ICCA Congress

Opening Ceremonies

06/04/2014 Miami Timothy Foden Speaker: A-1 Proof: A Plea for Precision

Juris Conferences LLC

8th Annual Juris Conference on Investment Treaty Arbitration

28/03/2014 Washington Timothy Foden Lecturer: New Developments in Definition of “Investment”: what is the role of the Concept of “Property” in Investment Arbitration?

AFSIA / DAV Conference

The Process of International Arbitration: Are Procedural Practices still divergent or are they converging?

10/03/2014 Frankfurt Timothy Foden Lecturer