Foley Hoag LLPPartner

Mark A Clodfelter

About Mark A Clodfelter

Mark A Clodfelter is a lawyer practicing administrative law, international litigation & arbitration, international commercial & construction arbitration and 4 other areas of law. Mark received a B.A. degree from University of Michigan in 1970, and has been licensed for 53 years. Mark practices at Foley Hoag LLP in Washington, DC.

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Services

Areas of Law

  • Administrative Law
  • Litigation
  • Other 5
    • International Litigation & Arbitration
    • International Commercial & Construction Arbitration
    • Investor-State Arbitration
    • Public International Law
    • Sovereign States

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Foley Hoag LLP

Experience

  • Bar Admission & Memberships
    Admissions
    1973, Michigan
    1985, District of Columbia
    Bar Fellowship
    serving as a special assistant to the Under Secretary of State for Political Affairs

    · Participant in the European Communities Visitors Program

    Speaking Engagements

    · Panelist, Santa Clara University School of Law conference on "The Law and Politics of Foreign Investment," Santa Clara, California, February 1, 2013.

    · Speaker, "Recent and Common Problems in ISDS," OAS-UNCTAD Advanced Training Course On Managing Investment Disputes, Quito, Ecuador, December 5, 2012.

    · Speaker, "Intersections of Human Rights Principles and Investor-State Dispute Resolution," 11th Annual Harvard Human Rights Journal Symposium, Human Rights and the Fragmentation of International Law, Cambridge, Mass., April 6, 2012.

    · Expert, Forum on the Establishment of the Appeal Body in the FTAs Approved By Governments of the Region and the United States, OAS-Embassy of Honduras-Embassy of Mexico, Washington, D.C., March 29, 2012.

    · Speaker, "The Use of Arbitral Mechanisms in Times of Crisis - Lessons from the Past: The Iran-US Claims Tribunal," Institute for Transnational Arbitration - American Society of International Law Joint Conference, Arbitration in Times of Crisis, Washington, D.C., March 28, 2012.

    · Panelist, "Procedural Devices for Early Resolution - Success or Failure?," Sixth Annual Investment Treaty Arbitration Conference: A Debate and Discussion - NAFTA, CAFTA and Beyond?: Investment Protection in the Americas, Washington, D.C., March 27, 2012.

    · Panelist, "Rebalancing the Investment Arbitration Regime: Implications for International Commercial Arbitration," Columbia University Arbitration Day, "Arbitrating with a Sovereign: Issues in Commercial and Investment Arbitration," New York, March 23, 2012.

    · Speaker, "Promoting the Use of ADR in Investor-State Treaty Disputes," Law, Justice and Development Week 2011 - Innovation and Empowerment for Development, World Bank Group, Washington D.C., November 15, 2011.

    · Speaker, "How Can BITs Balance Sustainable Development Goals with Investment Protection?," 40th Annual Conference - Culture and Innovation in International Law, Canadian Council on International Law, Ottawa, November 4, 2011.

    · Speaker, "The Absence of Proper Notification of the Existence of a Dispute or the Non-Observance of the Cooling-Off Period: Do They Prevent the Perfection of Consent to Arbitrate?," Fourth Annual Seminar on International Arbitration, Procuraduría General del Estado, Republic of Ecuador, Quito, October 5, 2011.

    · Speaker, "Fair And Equitable" and "Expropriation," APEC-UNCTAD-ProInversion Intensive Training Course on International Investment Agreements in the APEC Region, Lima, Peru, March 7-11, 2011.

    · Speaker, "Jurisdiction of ICSID Tribunals" and "National Treatment," OAS-UNCTAD Advanced Training Course on Managing Investment Disputes for Latin American Countries, Bogota, Colombia, December 1, 2010.

    · Panelist, "Factors that Inhibit Amicable Settlement of Disputes," APEC-USAID-UNCTAD Workshop on Dispute Prevention and Preparedness, Washington, D.C., July 28, 2010.

    · Speaker, "Fair And Equitable Treatment and the Customary International Law Minimum Standard of Treatment," 2010 ABA International Spring Meeting session on Analyzing Legitimate Expectations in the Context of Fair and Equitable Treatment Claims: Does the Glamis Gold Award Signal a Restoration in the Law of State Responsibility?, New York, April 16, 2010.

    · Speaker, "Top Ten Developments In Investor-State Arbitration," Georgetown Law Center Conference on Investment Arbitration In Latin America, Washington, D.C., April 14, 2010.

    · Speaker, "The Fundamental Challenges to the Use of ADR in Investor-State Treaty Disputes," W&L Law School/UNCTAD Joint Symposium on International Investment and ADR: Preventing and Managing Investment Treaty Conflict, Lexington, Virginia, March 29, 2010.

    · Expert commentator, "Key Issues in the Evolving System of International Investment Rules," UNCTAD Ad Hoc Expert Group Meeting, Geneva, Switzerland, December 4, 2009.

    · Speaker, "The Adaptation of States to the Changing World of Investment Protection Through Model BITs," 26th AAA/ICC/ICSID Joint Colloquium on International Arbitration on Adapting Arbitration To A Changing World, The World Bank, Washington, D.C., November 20, 2009.

    · Guest Lecturer, "Jurisdictional and Procedural Issues in Investor-State Arbitration," American University Washington School of Law course on Investor-State Dispute Settlement, Washington, D.C., November 2 and 9, 2009.

    · Speaker, "Differing Paths In Attracting Foreign Investment," 2009 ABA International Fall Meeting session on Speeding in Opposite Directions: A Survey of the Foreign Investment Landscape in Latin America, Miami, Florida, October 30, 2009.

    · Speaker, "Procedural Aspects of Investor-State Arbitration" (with Dr. Alvaro Galindo), University of Miami School of Law International Arbitration Institute, First Peer Forum On Investor-State Dispute Settlement, Coral Gables, Florida, July 15-17, 2009.

    · Panelist, "First Steps Toward an Latin American Advisory Facility on Investor-State Disputes," UNCTAD Ad-hoc Expert Meeting on the Feasibility of an Advisory Facility on International Investment Law and Investor-State Disputes for Latin American Countries, Geneva, Switzerland, February 9, 2009.

    · Speaker, "The Impact of Investment Treaties on the Regulatory Powers of the State," Office of Attorney General Of Ecuador conference on International Arbitration And Administrative Law, Quito, Ecuador, December 1-2, 2008.

    · Panelist, "Crucial Issues in Defending Investor-State Arbitration Claims" and "Compliance with ISCID Arbitral Awards," APEC Workshop on International Investment Agreements, Washington, D.C., November 3, 2008.

    · Speaker, "National Security and Predictability For Investors At The National Level," Vale Columbia Center Third International Investment Conference, FDI by State-Controlled Entities: Do the Rules Need Changing?, Columbia University, New York, October 1-2, 2008.

    · Speaker, "Arbitration Under the ICSID and UNCITRAL Rules: A Comparison," and "Preparing to Defend A Case," Organization of American States, Asociación Latinoamericana de Integración and UNCTAD Advanced Training Course On Managing Investment Disputes, Montevideo, Uruguay, November 26-27, 2007.

    · Speaker, "Conducting The Arbitration: Initiation of Claims and The Arbitral Process," and "Preparing to Defend A Case," and "The Arbitral Award Under the ICSID Convention," Islamic Development Bank, Jordan Investment Board, UNCTAD, Training Session On International Investment Agreements And Investment Disputes for Member Countries of the Organization of the Islamic Conference, Amman, Jordan, October 27-28, 2007.

    · Speaker, "New Developments in Investment Treaty Arbitration," American University conference on Investment Arbitration in Latin America from the States' Perspective, Washington, D.C., October 24, 2007.

    · Panelist, "The NAFTA Experience in Investor-State Dispute Settlement for States and Transnational Corporations" at Columbia University, Inter-American Development Bank, UNCTAD conference on Investor-State Dispute Settlement: Emerging Issues and Challenges for Latin American Countries an Investors, Washington, D.C., October 11-12, 2007.

    · Lecturer, "Investor-State Dispute Settlement: Recent Innovations in Treaty Practice and Analysis of Jurisprudence," at UNCTAD Advanced Seminar on International Investment Agreements for Indonesian Officials, Geneva, Switzerland, September 27, 2007.

    · Panelist, "Issues in the Implementation of Best Practices" at UNCTAD Expert Meeting on Comparing Best Practices in Investment and Development, Geneva, Switzerland, September 24-25, 2007.

    · Speaker, "Experience of States with Investor-State Dispute Resolution," and "National Treatment," at Organization of American States, ICSID, UNCTAD and Ministries of Economy and Finance and External Relations of Peru National Seminar and Specialized Training on Investor-State Disputes, Lima, Peru, May 22-24, 2007.

    · Speaker, "National Treatment," "Fair and Equitable Treatment and Full Protection and Security," and "Innovations in State Practice and in ISDS Procedures," Asia-Pacific Economic Cooperation and UNCTAD seminar on The Impact of Recent Investor-State Disputes on the Negotiation of Bilateral Investment Treaties and Trade Agreements in the APEC Region, Manila, Philippines, April 13-14, 2007.

    · Panelist-Moderator, "The Future of Inter-State Arbitration," Institute For Transnational Arbitration and American Society of International Law conference, March 28, 2007.

    · Speaker, "The Future of Investment Agreements," at Institute For Transnational Arbitration and University of California Boalt Hall School of Law colloquium on Investment Arbitration: Lessons From Practice, A Discussion Among Experts, Berkeley, California, January 12, 2007.

    · Faculty, Organization of American States, International Development Agency of Canada, Secretaria De Economia de Mexico and UNCTAD Advanced Training Course On Managing Investment Disputes, Puebla, Mexico, October 11-20, 2006.

    · Speaker, "National Treatment," Asia-Pacific Economic Cooperation, Secretaria De Economia de Mexico and UNCTAD Regional Seminar on Investor State Dispute Settlement: Key Substantive and Procedural Issues, Mexico City, Mexico, October 9-10, 2006.

    · Faculty, Organization of American States, International Development Agency of Canada and UNCTAD Advanced Seminar on Managing Investment Disputes, Washington, D.C., November 3-11, 2005.

    · Speaker, "Third-Party Participation in Arbitration," at Institute For Transnational Arbitration and American Society Of International Law conference on Arbitration and the Involvement of Non-Parties: Transparency, Intervention and Appeal, Washington, D.C., March 30, 2005.

    Member: American Arbitration Association (Member, Panel of Commercial Arbitrators).

  • Education & Certifications
    Law School
    University of Michigan Law School
    Class of 1972
    J.D.
    Other Education
    University of Michigan
    Class of 1970
    B.A.
    Russian and East European Studies

    University of Michigan
    Class of 1970
    B.A.
    with high distinction

    University of Michigan
    Class of 1970
    B.A.
    Political Science

    University of Michigan
    Class of 1972
    M.A.
    Russian and East European Studies

    University of Michigan
    Class of 1972
    M.A.
    with high distinction

    University of Michigan
    Class of 1972
    M.A.
    Political Science

Mark A Clodfelter

Partner at Foley Hoag LLP
Not yet reviewed

1717 K Street, N.W.Washington, DC 20036-5342U.S.A.

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