Overview
Chloe Baldwin focuses on international disputes and public international law, and in particular the resolution of international investment disputes. She currently advises sovereign and non-sovereign clients in international investment proceedings, binational proceedings, and matters arising under the World Trade Organization (WTO).
Prior to joining Steptoe, Chloe served for six years as a legal officer and senior legal officer in the Office of International Law within the Australian Attorney-General's Department, where she specialized in international trade and investment law. During that time, Chloe worked as a senior lawyer on disputes brought against Australia with respect to measures on tobacco plain packaging in an investor-state investment treaty arbitration and in disputes brought under the auspices of the WTO. Chloe also advised the Australian government on international trade and investment obligations across a range of sectors, and was a delegate in bilateral and multilateral free trade negotiations with respect to international investment law.
Chloe has represented sovereign states, state-owned entities, and private investors in numerous investment treaty arbitrations conducted under the International Center for Settlement of Investment Disputes (ICSID), United Nations Commission on International Trade Law (UNCITRAL), and International Chamber of Commerce (ICC) rules. She has extensive experience in advising on matters of public international law, including the law of state responsibility and treaty interpretation.
- District of Columbia
- New York
- Supreme Court of the Australian Capital Territory
- LL.M., American University, Washington College of Law, 2021, International Legal Studies
- LL.M., Australian National University, 2014, International Law
- Graduate Diploma of Legal Practice, National College of Law, 2011
- Bachelor of Laws & Bachelor of Arts, University of Queensland, 2010
Representative Matters
Investment Treaty Arbitration
- Counsel to a US telecommunications company in an arbitration against Colombia arising from Colombia's termination of the investor's concession. The proceeding is being brought pursuant to the US-Colombia Trade Promotion Agreement. Vercara, LLC (formerly Security Services, LLC, formerly Neustar, Inc.) Republic of Colombia. ICSID arbitration. ICSID Case No. ARB/20/7. Ongoing.
- Counsel to investors in a NAFTA Chapter Eleven arbitration arising out of the summary termination without compensation of Ontario's greenhouse gas emissions control cap-and-trade program. Koch Industries, Inc. and Koch Supply & Trading, LP v. Government of Canada. ICSID arbitration. ICSID Case No. ARB/20/52. Concluded, claims dismissed on jurisdictional grounds.
- Counsel to investors in an ICSID arbitration against an African State relating to the expropriation of a substantial aquaculture enterprise by The Gambia. West African Aquaculture Ltd v. The Republic of The Gambia. ICSID arbitration. ICSID Case No. ARB/18/10. Tribunal upheld our client’s claims and awarded 94% of damages claimed.
- Counsel to the investors in respect of an investment dispute with the Republic of Malta arising from the interference in the management, and eventual expropriation of a banking enterprise. Alpene Ltd v. Republic of Malta. ICSID arbitration. ICSID Case No. ARB/21/36. Ongoing.
- External counsel to the European Union in an Energy Charter Treaty investment treaty arbitration concerning the extension of EU Energy Market rules to the operation of a major new LNG pipeline. Nord Stream 2 AG v. EU. UNCITRAL arbitration. PCA Case No. 2020-07. Ongoing.
- Counsel to investors in relation to a multi-billion-dollar investment dispute with the United States under the NAFTA.
- Counsel to the Republic of Armenia in an ICSID arbitration arising from a property investment in Yerevan. The claimants alleged that Armenia failed to protect their investment from fraud and bankruptcy issues. Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia. ICSID arbitration. ICSID Case No. ARB/17/36. The tribunal upheld our client’s position, dismissing the claimants’ case on jurisdictional grounds. The award has since been partially annulled.
- Counsel (in the Attorney-General's Department) to Australia in claims brought by Philip Morris relating to marketing regulations of Australia. Philip Morris Asia Limited v. The Commonwealth of Australia. UNCITRAL arbitration. PCA Case No. 2012-12. The claims were dismissed on jurisdictional grounds with no liability at all to Australia. In addition, Australia was awarded its legal fees and costs.
- Counsel (in the Attorney-General's Department) to Australia in claims brought by APR Energy, a US Company, pursuant to the US-Australia FTA relating to the alleged seizure of $260 million in assets. APR Energy and Others v. The Commonwealth of Australia. UNCITRAL arbitration. The case was abandoned by APR Energy after Australia raised jurisdictional issues.
- Counsel (until August 2018) to the Government of India in claims brought by Vodafone with respect to taxation issues. Vodafone International Holdings BV v. Government of India [I]. UNCITRAL arbitration. PCA Case No. 2016-35. Ongoing.
- Counsel (until August 2018) to the Republic of Vietnam in claims brought by ConocoPhillips and Perenco with respect to taxation issues. ConocoPhillips and Perenco v. Socialist Republic of Vietnam. UNCITRAL arbitration. PCA Case No. 2018-05. Case settled.
WTO Disputes
- Representing the Government of Australia in connection with the tobacco plain packaging disputes, which were among the largest and most complex disputes ever to be filed at the WTO. These disputes implicated critically important questions concerning the relationship between measures to protect public health and the trade-related obligations that WTO members have under the WTO Agreements. Steptoe helped Australia achieve sweeping victories before the panel and the Appellate Body.
- Representing the Canadian softwood lumber industry in a decades-old dispute over imports of lumber from Canada, the largest and most complex CVD case ever litigated. The US lumber industry filed new AD/CVD investigation against imports of softwood lumber from Canada in 2016, and Steptoe is playing a prominent role in this investigation, including before US authorities, the WTO, and binational panels under the NAFTA/CUSMA.
- Counsel to various States with respect to pending WTO disputes, including on issues arising under the General Agreement on Tariffs and Trade (1994), the Agreement on Subsidies and Countervailing Measures; and the Agreement on Trade-Related Aspects of Intellectual Property Rights.
Speaking Engagements
- "Causation in ISDS arbitration: What is the Proper Causation Inquiry under International Law? What Must a Claimant Prove in Terms of Liability and Damages?", Washington Arbitration Week, Washington DC, December 3, 2024
- Moderator, "Key Procedural Issues in International Arbitration" Young ITA Global Forum, online, February 26, 2024
- "International Investment Treaties and Provisions Sensitive to Climate Change, and the Technology Revolution: A Close Look at Aerospace, Seabed Mining Disputes, and the Environment," Washington Arbitration Week, Washington, DC, November 28, 2023
- "Hot Topics: The 2020 Election and its Impact on International Trade and Investment," American Branch of the International Law Association, online, October 24, 2020
News & Publications
Press Releases
Steptoe Announces Partner and Counsel Promotions for January 1, 2025
November 19, 2024
Media Mentions
Global Arbitration Review Features Steptoe's Involvement in Malta ICSID Proceeding
October 1, 2024
Media Mentions
Global Arbitration Review Features Steptoe Involvement in ICSID Proceeding
August 5, 2024
Press Releases
April 5, 2024
Media Mentions
Law360 and Carbon Pulse Report on Steptoe’s ICSID Arbitration Dispute Over Carbon Emission Trading
August 4, 2022
Global Trade & Investment Law Blog
December 2, 2021
By: Matthew Yeo, Christophe Bondy, Chloe Baldwin, Alexandre Genest
Global Trade & Investment Law Blog
August 31, 2021
By: Matthew Yeo, Christophe Bondy, Alexandre Genest, Chloe Baldwin
Press Releases
Steptoe Strengthens International Trade Group with Trio of Government Lawyers
October 25, 2018
Professional Affiliations
- American Society of International Law, International Legal Materials, Corresponding Editor (2020-present).
- Young ICCA, Group Advisor in the Mentoring Program (11thCycle, 2024-2026).
- American Branch of the International Law Association, Organizing Committee (2024)
- American Society of International Law, Annual Meeting Organizing Committee (2022).
- Institute for Transnational Arbitration (ITA), Young ITA.