Benjamin Guthrie
Benjamin is a Senior Associate in our New York office specializing in international arbitration and public international law.
Benjamin’s practice involves helping clients present their cases effectively and strategically in high stakes international arbitration. He has represented clients in commercial and treaty arbitrations conducted under the rules of most major international arbitration institutions (e.g., ICSID, ICC, LCIA, AAA/ICDR, and ad hoc arbitration under the UNCITRAL rules). Benjamin also advises on issues of public international law, New York contract law, and the intersection between business and international human rights norms.
Background
Benjamin obtained his JD from New York University School of Law, where he was awarded membership in the Order of the Coif.
Benjamin is a native speaker of English and is proficient in Spanish.
Benjamin is admitted to practice law in New York and Massachusetts.
Experience & expertise
Selected matters
International Commercial Arbitration
Benjamin regularly represents clients in commercial disputes arising from contractual relationships governed by New York law, including:
- several multinational energy companies in disputes arising out of LNG supply or tolling agreements
- an international oil company and its parent companies in a New-York seated arbitration involving the proceeds emerging from an investor-State arbitration
- a major energy company in a Texas-seated arbitration relating to offshore drilling operations
- a major energy company in a New York-seated arbitration relating to deepwater drilling rig contracts
- a confidential client in a Rio de Janeiro-seated arbitration relating to the operation of an iron ore pipeline
- a major manufacturer of solar panels in a London-seated arbitration under LCIA rules (governed by New York Law) regarding a polysilicon supply contract
Investor-State Arbitration
Benjamin advises clients regarding the protections available under investment treaties in the investment and pre-dispute phases, and has represented clients in major investor-state arbitrations including:
- a pharmaceutical company in an ICSID arbitration against a Middle Eastern state
- a South American state in an ICSID arbitration regarding an investment in the country’s manufacturing sector*
- an African state in an ad-hoc arbitration under the UNCITRAL rules regarding an investment in the real estate sector*
- a South American state in an ICSID arbitration regarding an investment in the mining sector*
*Experience prior to joining Herbert Smith Freehills
Public International Law
Benjamin has experience in public international law, including advisory work and representing a Central American state in proceedings before the International Court of Justice concerning transboundary environmental harm. He previously taught public international law as an adjunct professor at New England Law Boston.
Business and Human Rights
In addition to his arbitration practice, Benjamin advises on businesses’ international human rights obligations and best practices. He has provided advice and participated in on-the-ground assessments and reviews for multinational clients in the manufacturing, mining, and technology sectors.
US Litigation
Benjamin has experience litigating international disputes before U.S. federal courts, including commercial disputes raising issues of foreign sovereign immunity and actions for the enforcement and recognition of international arbitral awards.
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