Tafadzwa Pasipanodya

Partner - Washington, D.C.

As a member of Foley Hoag’s international litigation and arbitration practice, Tafadzwa Pasipanodya represents sovereign States in contentious and advisory matters concerning international law. She has represented Latin American, Asian, and European States in investor-state arbitrations concerning mining, the environment, and health policy under the rules of UNCITRAL, ICSID, the ICSID Additional Facility, and the ICC. Tafadzwa has also advised African, Asian, European and Latin States in disputes against other States concerning human rights, environmental rights, territorial claims and maritime delimitations before the ICJ, UNCLOS tribunals, and other arbitration fora. In addition, she has represented foreign States in U.S. federal court proceedings.

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Education:

  • New York University School of Law, J.D., 2008
  • Princeton University Woodrow Wilson School of International and Public Affairs, M.P.A., 2004
  • Macalester College, B.A., magna cum laude, 2001

Languages:

English, Shona, French, Spanish, German, Portuguese

Representative Experience

Investor-State Arbitration on behalf of Sovereign States

  • Pac Rim Cayman v. El Salvador. Counsel to El Salvador in a dispute before ICSID concerning gold mining and environmental rights, winning $8 million in attorney costs for El Salvador
  • Niko Resources v. Bangladesh, Bapex and Petrobangla. Counsel to Bangladesh and its state entities in a dispute before ICSID concerning  the causes, impacts and damages related to two gas blowouts
  • Anglo American v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a UK mining company in an ICSID Additional Facility arbitration concerning the termination of a nickel concession
  • Gold Reserve v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian gold mining company in an ICSID Additional Facility arbitration concerning gold concessions and environmental rights
  • EURAM v. Slovak Republic. Counsel to Slovakia in an UNCITRAL arbitration concerning health insurance policy reform, securing a judgment in Slovakia’s favor
  • Highbury & Ramstein v. Bolivarian Republic of Venezuela. Counsel to Venezuela in an ICSID arbitration brought under the Venezuela–Dutch bilateral investment treaty concerning gold and diamond concessions, securing a judgment in Venezuela’s favor. Currently representing Venezuela in the annulment proceeding lodged by the claimant following Venezuela’s win
  • Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. Counsel to Venezuela before an ICSID Additional Facility arbitration tribunal against a Canadian mining company seeking US$1 billion in damages for the cancellation of a gold mining contract, securing a judgment in Venezuela’s favor
  • Counsel to a State-owned entity of a Latin American country against a German company in an ICC arbitration related to a maintenance and repair contract, securing a judgment in its favor
  • Nova Scotia Power Inc. v. Bolivarian Republic of Venezuela. Counsel to Venezuela in an UNCITRAL arbitration arising from a coal supply contract with a Canadian company, winning $1 million in arbitration and attorney costs for Venezuela

Litigation, Arbitration and Mediation of Territorial and Maritime Disputes

  • The Philippines v. China. Counsel to the Philippines in an arbitral proceeding under Annex VII of UNCLOS to determine the maritime entitlements of the Philippines and China in the South China Sea. The Tribunal rejected China’s claim to “historic rights” in the maritime areas encompassed by its so-called “nine-dashed line” as inconsistent with the U.N. Convention on the Law of the Sea, and found that China violated the Philippines' sovereign rights under the Convention
  • Ghana v. Cote d’Ivoire. Counsel to Ghana in a case concerning its maritime boundary in the Gulf of Guinea in an arbitral proceeding under Annex VII of UNCLOS
  • Nicaragua v. Colombia. Counsel to Nicaragua in a dispute concerning violations of sovereign rights and maritime spaces in the Caribbean Sea
  • Nicaragua v. Colombia. Counsel to Nicaragua in a case concerning the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast
  • Djibouti v. Eritrea. Counsel to Djibouti in a mediation by His Royal Highness the Emir of Qatar to end the border conflict and determine the land and maritime boundaries between the two States, including sovereignty over offshore islands
  • Advising a Sub-Saharan African country regarding potential maritime disputes
  • Advised a Latin American country regarding a territorial and maritime dispute
  • Advised a North African country regarding a territorial dispute

Litigation, Arbitration and Advisory Work on behalf of Sovereign States in Inter-State Disputes related to Human Rights

  • Georgia v. Russia. Counsel to Georgia in a dispute concerning the Convention on the Elimination of All Forms of Racial Discrimination and Russia’s participation in and support for ethnic cleansing against ethnic Georgians before the International Court of Justice
  • Ecuador v. Colombia. Assisted in the representation of Ecuador in a case concerning the social and environmental impact of Colombia's aerial spraying of toxic herbicides on its border with Ecuador before the International Court of Justice
  • Argentina v. Uruguay. Assisted in the representation of Uruguay in a case concerning Uruguay’s licensing of paper pulp mill as an environmentally-safe model of sustainable economic development and Argentina’s allegation that it could pollute the river shared by the two States before the International Court of Justice
  • Advised an East Asian country concerning a human rights dispute with a neighboring country

Litigation before United States Federal Courts on behalf of Sovereign States

  • Community Finance Group v. Kenya. Counsel to Kenya in a foreign sovereign immunity case before the U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit. Court of Appeals affirmed District Court judgment in favor of Kenya
  • Carpenter v. Chile. Counsel to Chile in a foreign sovereign immunity case before the District Court for the Eastern District of New York, securing judgment in favor of Chile

Corporate Social Responsibility

  • Conducted a global assessment of corporate criminal liability for the United Nation's special representative on business and human rights
  • Conducted a human rights impact assessment of a company’s oil and gas operations in a North African country
  • Advised two Canadian mining companies on human rights policy, due diligence and community engagement in the Middle East and Eastern Europe
  • Co-author, “The Organization of African Unity/African Union and the Law of the Sea in THE LAW OF THE SEA: THE AFRICAN UNION AND ITS MEMBER STATES, Juta (forthcoming Spring 2017)
  • Author, “Government Regulation on Trial: Expropriation Claims against Latin American States at ICSID”, The Law and Practice of International Courts and Tribunals, Vol. 14, Issue No. 3, Brill Nijhoff, 2015
  • Author, “Greensboro Truth and Reconciliation Commission (United States)” and “Commission of Inquiry to Locate the Disappeared during the Panchayat Period (Nepal),” Entries in the Encyclopedia of Transitional Justice, L. Stan and N. Nedelsky (eds.), Cambridge University Press, January 2013
  • Author, “Expropriation before a South African Court and an Investor-State Tribunal: An Analysis of the Minister of Minerals & Energy v. Agri SA Decision through the Lens of International Law”, Transnational Dispute Management, Vol. 9, No. 7, December 2012
  • Co-author, “Business and Human Rights in the United States,” Chapter in Global Business and Human Rights, European Lawyer Reference, 2011
  • Author, “European Parliament Adopts Resolution on Corporate Social Responsibility,” National Law Review, December 2010
  • Author, “A Deeper Justice: Economic and Social Justice as Transitional Justice in Nepal”, Oxford University International Journal for Transitional Justice, vol. 2, 378-397, December 2008
  • Co-author (with N. Dastoor, J. Huckerby & S. Narula), “Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution”, Center for Human Rights & Global Justice, New York University, March 2008
  • Author, “Rwandan participants at the International Criminal Tribunal for Rwanda: For them, with them, or despite them”, Emerging Human Rights Scholarship Conference, Center for Human Rights & Global Justice, New York University, April 2007
  • Co-author (with the Workshop on Post-Conflict Reconstruction), “Securing Peace: An Action Strategy for Post- Conflict Sri Lanka”, Princeton University/ CSIS, June 2004

Honors

  • Root-Tilden-Kern Scholar (2005-2008)
  • Vanderbilt Medal for Outstanding Contributions to NYU School of Law (2008)
  • NYU/Center for Human Rights and Global Justice Human Rights Fellow (2006)
  • Dean of Student’s Award for Leadership and Outstanding Contributions, Macalester College (2001)

Professional/Civic Involvement

  • American Society of International Law, Program Committee Member and Secretary of the Africa Interest Group
  • American Bar Association, International Law Section, Member
  • African Association of International Law, Member
  • Adhikaar (human rights and social justice organization working with Nepali communities in the United States), Co-founder
  • Almasi Arts Alliance (non-profit organization that supports the dramatic arts industry in Zimbabwe), Trustee
  • Provided pro bono counsel with regard to Haitian smuggling and trafficking in Ecuador
  • Moderator, “Building a Successful Career in International Arbitration”, Young International Council for Commercial Arbitration/ Blacks of the American Society of International Law training workshop, Washington D.C., September 26, 2016
  • Speaker, “The Global Color Line: A Candid Conversation about the Intersections of Race, Gender, and Class on the Pathway to an International Career”, Women’s Information Network (WIN) Women Opening Doors for Women annual event, Washington D.C., June 20, 2016
  • Moderator, “Steering Africa’s Blue Economy: The Role of International Law & Lessons for Other Maritime Regions”, Annual Meeting of the American Society of International Law, Washington D.C., April 1, 2016
  • Speaker, “International Law Careers and Speed Mentoring Event”, Annual Meeting of the American Society of International Law, Washington D.C., April 1, 2016
  • Speaker, “The Law of the Sea’s Role in Steering Africa’s Blue Economy”, African Association of International Law Conference on “International Law & Economic Development in Africa: Challenges and Opportunities”, Libreville, Gabon, August 29, 2015
  • Speaker, Inaugural Conference of the Bernstein Institute for Human Rights, New York University School of Law, “Emerging Voices: A Conversation with the Next Generation” Panel, April 22, 2015
  • Speaker, Conference on Africa and International Law: Taking Stock and Moving Forward, “Shaping Africa's Borders and International Law: African States' Delimitation of Territorial and Maritime Boundaries” Albany Law School, New York, April 14, 2012
  • Speaker, Conference on International Law: War Crimes, Human Rights, and Immigration, “Will the Poor Always Be With Us? Legal Enforcement of Economic and Social Rights” Elon University School of Law, North Carolina, February 12, 2012
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Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. District Court for the District of Columbia