Charlene focuses her practice on international arbitration and multi-jurisdictional cross-border disputes. She enforces arbitral awards and foreign judgments in US courts and coordinates global asset recovery campaigns against sovereign and non-sovereign debtors. She is fluent in matters involving foreign sovereign immunity and other complex jurisdictional issues that arise when litigating foreign disputes in US courts. She has substantial experience with discovery under 28 U.S.C. § 1782 and other litigation tools in aid of foreign disputes.
Charlene also represents clients in a broad range of contract and treaty-based conflicts in arbitration, including energy sector disputes that involve parties from Latin America, Europe and Asia. She advises clients concerning dispute risk related to foreign direct investment in developing nations.
Charlene has spoken and published articles on issues related to sovereign immunity, the enforcement of arbitral awards, arbitral jurisdiction and other issues relevant to international arbitration and cross-border litigation.
- Representing Canadian award creditor in multi-jurisdictional proceedings to enforce a US$1 billion arbitration award against Venezuela.
- Represented Chevron Corporation in the successful enforcement of a US$100 million arbitral award against Ecuador.
- Represented European award creditor in proceedings to enforce a US$500 million treaty arbitration award against Kazakhstan.
- Represented multiple European renewable energy companies in multi-jurisdictional proceedings to enforce Energy Charter Treaty awards against Spain and Italy.
- Represented affiliate of U.S. petroleum services company in multi-jurisdictional proceedings to enforce a US$500 million arbitration award against Mexican state-owned oil company. The award was enforced in the U.S. despite having been annulled by a court in Mexico.
- Representing U.K. financial institution in proceedings to enforce arbitration award against Kyrgyzstan.
- Represented U.S. private equity fund in multi-jurisdictional proceedings in United States, United Arab Emirates and Singapore to enforce an arbitration award and related judgment.
- Represented U.S. investment bank in proceedings to enforce a $120 million portfolio of arbitral awards against Indian parties.
- Represented U.S. defense contractor in successful multi-jurisdictional proceedings to enforce arbitration award against Greece.
- Represented Southeast Asian energy companies in multi-jurisdictional proceedings to enforce US$60 million arbitration award against Lao People’s Democratic Republic.
- Represented New York bank in multijurisdictional proceedings to enforce New York judgment against individual and corporate judgment debtors.
- Represented Spanish gas company in multijurisdictional proceedings to enforce US$2 billion award against Egypt.
- Represented Indian conglomerate in successfully defeating US$2 billion claim by Indian Government in India-seated UNCITRAL arbitration.
- Represented Mexican pharmaceutical manufacturer in Mexico-seated ICC arbitration against Japanese pharmaceutical conglomerate.
- Represented U.S. petroleum services company in NAFTA arbitration against United Mexican States.
- Represented U.S. LNG company in successfully defeating multi-billion dollar claim brought by U.K.-based multinational oil and gas company in New York-seated ICDR arbitration.
- Represented U.S. multinational oil and gas company in UNCITRAL arbitration convened under bilateral investment treaty in connection with fraudulent multi-billion dollar judgment issued by Ecuadorian courts.
U.S. Litigation in Aid of Foreign Disputes:
- Represented foreign government in fraud action against former head of state, successfully obtaining pre-judgment freeze of key U.S.-based assets and disclosure related to U.S. asset holdings.
- Represent New York and Mauritius-based financial institutions in connection with U.S. proceeding for judicial discovery assistance pursuant to 28 U.S.C. § 1782.
- Represented Brazilian fund manager in New York litigation proceedings against former fund manager relating to misuse of corporate funds, and related proceedings seeking judicial discovery assistance pursuant to 28 U.S.C. § 1782.
- Represented Libyan sovereign wealth fund in connection with U.S. proceeding for judicial discovery assistance pursuant to 28 U.S.C. § 1782.
- Represented Indian conglomerate in U.S. proceedings seeking judicial discovery assistance pursuant to 28 U.S.C. § 1782.
- J.D., University of Pennsylvania Law School
- B.A., University of Texas at Austin
- The Legal 500 United States
- Recommended, Dispute Resolution: International Arbitration (2023)
- Recognized by Who’s Who Legal/Global Arbitration Review Future Leader for Arbitration (2022)
- Appointed to U.S. Sub-Committee of the Equal Representation in Arbitration Pledge
- Named to Benchmark Litigation's "40 & Under Hot List" (2021-2023)
- Energy Cos. Must Keep Options Open Amid Treaty Turmoil, by Keith Goldberg, interview comments by James E. Berger and Charlene C. Sun, Oct. 28, 2022
- D.C. Circuit Finds that Foreign Court’s Order Setting Aside Award Has No Bearing on District Court’s Jurisdiction, ICC DISPUTE RESOLUTION BULLETIN: E-JOURNAL OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC), by Charlene C. Sun, Elena Rizzo, Sept. 2022
- United States (chapter), ENFORCEMENT OF INVESTMENT TREATY ARBITRATION AWARDS, Globe Law & Business (1st and 2d eds.), edited by Julien Fouret, by Charlene C. Sun, Caline Mouawad, and Joshua Wan, January 2021
- Enforcement of Awards (chapter), THE INVESTMENT TREATY ARBITRATION REVIEW, Sixth Edition, edited by Barton Legum, by Tom Sprange QC, Charlene C. Sun and Erin Collins, June 2021
- Servotronics Inc v. Boeing Co. Considerations regarding section 1782 in aid of foreign commercial arbitrations and thoughts for the Brazilian arbitration scenario, REVISTA BRASILEIRA DE ARBITRAGEM, by James E. Berger, Charlene C. Sun and Paula Miralles De Araujo, Mar. 30, 2020
- Acta iure gestionis and acta iure imperii (chapter), MAX PLANCK ENCYCLOPEDIA OF COMPARATIVE CONSTITUTIONAL LAW, by Charlene Sun and Aloysius Llamzon, June 2018
- INTERNATIONAL ASPECTS OF U.S. LITIGATION: A PRACTITIONER’S DESKBOOK, published by American Bar Association, edited by James E. Berger, June 5, 2018
- Rules of Reason: U.S. Courts Grapple with the Requirements for a Reasoned Award, INDIAN JOURNAL OF ARBITRATION LAW, by James E. Berger and Charlene C. Sun, January 2017
- Rift Among US Courts In Enforcing Int’l Arbitration Awards, Law360, by James E. Berger and Charlene C. Sun, Aug. 20, 2015
- U.S. Supreme Court Clarifies How to Enforce Forum Selection Clauses, Lexology, by James E. Berger and Charlene C. Sun, Jan. 8, 2014
- Ninth Circuit Clarifies Scope of Commercial Activity Exception to Sovereign Immunity, Lexology, by James E. Berger and Charlene C. Sun, Dec. 19, 2013
- International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction, Lexology, by James E. Berger and Charlene C. Sun, May 16, 2013
- Second Circuit Rules that a Judgment-Creditor is Entitled to Broad Discovery Concerning Foreign State Judgment-Debtor’s Assets, Lexology, by James E. Berger and Charlene C. Sun, Oct. 3, 2012
- Emerging Issues in Alien Tort Statute Litigation, California Tort Reporter, by James E. Berger and Charlene C. Sun, Feb. 2012
- Sovereign Immunity: A Venerable Concept in Transition?, ABA International Litigation Quarterly, by James E. Berger and Charlene C. Sun, Winter/Spring 2011
- International Jurisdictional Standoffs and Foreign Antisuit Injunctions, ABA International Litigation Quarterly, by James E. Berger and Charlene C. Sun, Spring 2010
- The Evolution of Judicial Review Under the Federal Arbitration Act, N.Y.U. JOURNAL OF LAW & BUSINESS, by James E. Berger and Charlene C. Sun, Summer 2009
- Speaker, "The impact of Wartime and related sanctions on arbitration proceedings and the enforcement of awards," 12th ITA-IEL-ICC Joint Conference (January 19, 2024)
- Speaker, "Tracing, recovering and preserving unique and difficult classes of assets," International Bar Association Asset Recovery Conference (December 6-8, 2023)
- Speaker, "Effectively managing M&A risks and disputes: Key issues and top tips," New York Arbitration Week (November 16, 2023).
- Moderator, "Enforcement of Arbitration Awards Outside of the European Union, Tracing of Assets, Effective Strategies and New Technologies to Achieve Compliance," World Arbitration Update (May 23, 2023)
- Moderator, Getting to the Right Decision, CPR Annual Meeting 2023 (March 1-3, 2023)
- Speaker, "Tools outside of courts used by and against Foreign States," Sovereign & States Disputes and Enforcement (January 24 & 25, 2023)
- Speaker, "King Felipe VI's address opens fall ABA global business conference in Madrid," American Bar Association (September 7, 2022)
- Speaker, "International Litigation: Inbound Cross-Border Discovery," New York State Bar Association (May 3, 2022)
- Speaker, "Charlene Sun to Speak at 16th ICC Conference on International Arbitration," King & Spalding (September 22, 2021)
My latest insights
Federal court confirms 28 U.S.C. § 1782 does not apply to ICSID arbitrations following...
30 August 2023 .3 minute read
Can parties contract out of federal court subject matter jurisdiction? The Second circuit...
10 August 2023 .4 minute read