MARINN CARLSON focuses her practice in international dispute settlement, with an emphasis on investment disputes, including investor-state arbitration and international commercial arbitration. She has represented foreign investors, as well as respondent governments in (ICSID) and UNCITRAL arbitrations under investment treaties and trade agreements, including NAFTA. She has represented corporate clients in a wide range of institutional and ad hoc international commercial arbitrations. She has also represented clients in U.S. litigation with international ramifications, and as amici curiae in foreign affairs, intellectual property and Commerce Clause cases before the United States Supreme Court and various courts of appeal. She counsels clients in sectors ranging from financial services to energy to infrastructure development on the implications of international trade and investment rules for their global operations.
In recognition of her litigation success, Ms. Carlson has been consistently recognized for her work. Most recently, in the 2016 edition of The Legal 500 she is described as “demonstrat[ing] an excellent ability to plan, execute and negotiate the various aspects of international commercial disputes, particularly those involving discrimination and expropriation by foreign states.” Also in 2016, Ms. Carlson has been recognized by Latinvex as one of Latin America’s Top 100 Female Lawyers in Arbitration and Litigation. She has been named as one of the Top 250 Women in Litigation, a publication honoring the achievements of female lawyers in dispute resolution practices in the United States. She has also been recommended in International Arbitration in The Legal 500 US and in The Legal 500 Latin America every year since 2013, and has been recognized by Benchmark Litigation as a “Litigation Star” nationally (2015) and as a “Local Litigation Star” in Washington, D.C. (2014–2015). Additionally, The Best Lawyers in America has listed Ms. Carlson as a “Best Lawyer” in International Arbitration – Commercial and International Arbitration – Governmental every year since 2012.
Ms. Carlson has spoken at conferences and taught classes, workshops and seminars on a wide range of topics in international arbitration, including investor-state arbitration case law and practice, as well as arbitration advocacy skills. She is an adjunct professor at the American University’s Washington College of Law teaching investment treaty arbitration, a member of the Executive Committee of the Foundation for International Arbitration Advocacy (FIAA), the Budget and Finance Chair (and previously an Executive Council member) of the American Society of International Law (ASIL), and she serves on the Board of Directors of the CAIR Coalition, a Washington, D.C. legal services organization focused on immigrants’ rights.
Before entering private practice, Ms. Carlson clerked for Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit. She also worked in several organizations with a focus on trade and its intersection with environmental policy, including the Environmental Defense Fund and the White House Office on Environmental Policy.
- “Financial Services Under a TTIP,” International Financial Law Review, co-authored with Andrew Shoyer, (2013)
- “Wider Prospects for ICSID Arbitration Under China’s BITs,” The Asia-Pacific Arbitration Review, co-authored with Stanimir A. Alexandrov, Jennifer Haworth McCandless and Geoffrey D. Antell, (2010)
- “CAFTA-DR Provides Strong Investor Protections But No Flurry of Cases,” The Arbitration Review of the Americas, co-authored with Jennifer Haworth McCandless and Geoffrey D. Antell, (2010)
- “The European Commission and Investment Treaties,” The European & Middle Eastern Arbitration Review, co-authored with Jennifer Haworth McCandless and Geoffrey D. Antell, (2010)
- “The Future of Investment Treaty Protection in Eastern Europe,” The European and Middle Eastern Arbitration Review, co-authored with Stanimir Alexandrov and Meredith Moroney, (2009)
- “International Centre for Settlement of Investment Disputes (ICSID),” Global Arbitration Review’s Arbitration, co-authored with Stanimir Alexandrov, (2007)
- “The Alien Tort Claims Act Under Attack,” 98 ASIL Annual Meeting Proceedings 49, 54 (2004)
- “The Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade,” 31 Law & Policy In Int’l Business 841, co-authored with Craig Thorn, (2000)
- “Crosby v. NFTC and the Future of State and Local Sanctions,” 32 Law & Policy In Int’l Business 37, co-authored with Daniel M. Price & John Hannah, (2000)
- “A Tale of Two Blocks,” Journal of the New Haven Colony Historical Society, (1998)
- “This Land Is Your Land,” 105 Yale Law Journal 1701, 1996, reviewing Robert H. Nelson, Public Lands and Private Rights, (1995)
- “United Nations Framework Convention on Climate Change First Conference of the Parties” (Berlin), 34 Int’l Legal Materials 1671, co-authored with Annie Petsonk, (1995)
- “Can Free Trade Be Green Trade?” World Outlook, (1992)
- “Public Consensus and Foreign Policy,” World Outlook, (Summer 1991)
- American Bar Association
- American Society of International Law
- Foundation for International Arbitration Advocacy
- New York State Bar Association
- Presenter, “New Trends in Investor-State Dispute Resolution,” Juris Conference on Investment Treaty Arbitration (Washington, D.C., February 2015)
- Speaker, “Questioning of Expert Witnesses in International Arbitration,” Foundation for International Arbitration Advocacy (London, UK, January 2015)
- Speaker, “Salient Issues in International Arbitration,” Center on International Commercial Arbitration (Washington, D.C., November 2013)