Overview
Amy Frey focuses her practice on all types of cross-border disputes, including investment treaty and commercial arbitration, as well as public international law and human rights disputes. Her experience includes representing individual clients, SMEs, multinational corporations and investors from all over the world in cases ranging from contract and licensing disputes to claims against foreign states arising from bilateral investment treaties and the Energy Charter Treaty.
Amy counsels clients in arbitration under the rules of the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce, the Stockholm Chamber of Commerce, and the UN Commission on International Trade Law. She also advises clients on foreign investment structuring and planning, on domestic litigation proceedings involving challenges to and enforcement of foreign arbitral awards, and on EU disputes involving state aid and intra-EU arbitration. She has represented investors with claims against Algeria, Argentina, Bangladesh, the Czech Republic, Ecuador, Egypt, Italy, Kazakhstan, Romania, Bulgaria, Spain and Venezuela. Amy is also experienced handling requests for interim, injunctive relief and in ICSID annulment proceedings.
In addition to counseling on the types of contentious matters mentioned above, Amy takes on public interest law and pro bono projects, particularly in human rights law including matters covering domestic violence, child abuse, asylum, juvenile delinquent status and human trafficking. She has long been committed to seeking justice and assistance for refugees.
Results
- Obtained a multimillion-dollar award on behalf of Moldovan nationals and their corporate entities in an Energy Charter Treaty dispute against Kazakhstan*
- Obtained a multimillion-dollar award on behalf of Swedish nationals and their food and beverage companies in an ICSID arbitration against an Eastern European state for breach of a BIT, which included challenges under European Union law*
- Obtained a multimillion-dollar award on behalf of a US energy company against Ecuador in a treaty dispute involving purported windfall profits taxes*
- Represented more than a dozen European-based renewable energy investors with claims under the Energy Charter Treaty in disputes against Italy, Spain, Bulgaria, and Romania*
- Represented a Dutch company in a BIT dispute against Algeria regarding unilateral modifications to agreed tax provisions*
- Successfully defended a water concessionaire in ICSID annulment proceedings in which Argentina challenged the arbitral award rendered in her client’s favor*
- Successfully defended Luxembourg and French renewable energy investors from ICSID annulment proceedings initiated by Spain*
- Represented a major US energy company in a dispute with a South American state involving denial of justice by the local court system*
- Represented an energy company in an ICSID arbitration against Ecuador for the unilateral modification of the participation formula in an oil and gas contract, in an arbitration that also involved emergency measures for domestic relief connected with human rights claims*
- Represented UAE investors in bilateral investment treaty disputes involving land development contracts and licenses against the Arab Republic of Egypt, in an arbitration that also involved emergency measures for domestic relief connected with human rights claims*
- Represented a US gas compression company in a bilateral investment treaty dispute against Venezuela in relation to unilateral amendments to a contract*
- Represented an Indian company in an ICC arbitration proceeding involving intellectual property disputes and breaches of licensing agreements in China, India and worldwide*
- Represented a Russian company in a major construction dispute subject to ICC arbitration*
- Advised an African telecom company in relation to attempts of a state to expropriate and/or dissolve its operations*
- Advised renewable energy investors on potential Energy Charter Treaty disputes against Portugal*
*Matter handled prior to joining McDermott
Recognitions
- Law360 Rising Star, 2020
- Legal 500 EMEA, 2016
Community
- European Federation for Investment Law and Arbitration (EFILA), Executive Board Member
- Arbitral Women, Member
Credentials
Education
Oxford University, MSt
Tulane University, JD, summa cum laude, 2006
University of Mississippi, BA, magna cum laude, 2003
Admissions
District of Columbia
Paris
Texas
Languages
English
French
