Roy

Sudhanshu Roy

Partner
Washington, DC

I represent sovereign states, state-owned entities and private companies in high-stakes international litigation and arbitration disputes. 

Sudhanshu Roy is a partner with the International Litigation and Arbitration Practice in Washington, D.C. His practice focuses on the representation of private companies in international commercial arbitrations and cross-border litigations before tribunals administered under the AAA, ICDR, ICC, SIAC, ICSID, UNCITRAL, PCA and SCC Arbitration Rules, as well as investor-state arbitrations, especially in cases involving the representation of sovereign states, state-owned entities in high-stakes global disputes. 

Sudhanshu is a Fellow of the Chartered Institute of Arbitrators (F. CIArb) and the Malaysian Institute of Arbitrators (MIArb). He is empaneled as an arbitrator with the Brunei Darussalam Arbitration Centre Berhad (BDAC) and the Borneo International Centre for Arbitration and Mediation (BICAM). He is also a member of the Steering Committee of the CPR Institute’s Young Leaders in Alternative Dispute Resolution, 2025-2028. 

Sudhanshu was named by Legal500 – USA as a “Rising Star” in Dispute Resolution: International Arbitration – USA for four years from 2022 to 2025 and a “Key Lawyer” in Dispute Resolution: International Arbitration and International Litigation in 2021.

Sudhanshu also accepts arbitrator appointments in international and domestic arbitration disputes, bringing to each matter a balanced perspective informed by his extensive experience in representing both private investors and States across a wide range of industrial sectors and legal systems. His dual background as counsel to corporations and respondent States equips him with a nuanced understanding of the interests and concerns of all relevant stakeholders in complex international commercial disputes. 

Before joining Foley Hoag, Sudhanshu worked as a Legal Advisor with the International Investment Division of Department of Economic Affairs, Government of India, where he was instrumental in the drafting and development of the revised Indian Model Bilateral Investment Treaty and negotiation of several international investment agreements. Sudhanshu also worked on investor-state arbitrations and domestic cases involving India’s Foreign Direct Investment Policy. Prior to joining the DEA, Sudhanshu was an Associate with the Government Affairs and Trade Policy team at Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi for four years where he worked on international investment policy issues and WTO disputes for the Government of India. 

Education

  • New York University School of Law, LL.M. in International Legal Studies, 2016
  • Indian Academy of International Law and Diplomacy, New Delhi, Diploma in International Law and Diplomacy, 2014
  • Hidayatullah National Law University, Raipur, India, 2009

Bar and Court Admissions

BAR ADMISSIONS

  • District of Columbia
  • New York
  • New Delhi, India

Languages

  • Hindi
  • Bengali

Experience

INTERNATIONAL COMMERCIAL ARBITRATION AND CROSS-BORDER LITIGATION 
  • Counsel to U.S.-based innovative pharmaceuticals company in ICC arbitration relating to an enterprise license agreement and related WHO prequalification, with connection to African and Asian markets.
  • Simplot v. Himalaya Food Ltd. (D.C.N.J). Represented Himalaya Food Ltd in arbitral award enforcement matter relating to Supreme Court decision.
  • Counsel to Bangladesh State-owned entity in ICC construction dispute arising from the country’s first deep-sea port.
  • Counsel to an Asian state-owned entity in an UNCITRAL arbitration administered by SIAC arising from drilling and exploration agreements of natural gas reserves.
  • Counsel to an Asian state-owned entity in an UNCITRAL arbitration arising from a change in gas market fundamentals.
  • Counsel to a State-owned entity in an ICSID arbitration in relation to a dispute arising under a Production Sharing Contract and a Gas Purchase and Sale Agreement.
  • Represented a State-owned entity in an ICC arbitration against an investor regarding a contract concerning a solar power project. 
  • Counsel to a State-owned entity in an international arbitration case against an energy company before ICSID arising from a contract concerning an electric power generation project. 
  • Niko Resources (Bangladesh) Ltd. v. Bangladesh Oil Gas and Mineral Corporation (Petrobangla), Bangladesh Petroleum Exploration and Production Company Limited (Bapex). Counsel to Petrobangla and Bangladesh in ICSID annulment proceedings in respect of a payment claim award rendered in favor of Niko Resources
  • Represented private companies with respect to enforcement and setting aside foreign awards before US courts 
INVESTOR-STATE ARBITRATION 
  • KrisEnergy Bangladesh Limited v. People’s Republic of Bangladesh and Bangladesh Oil, Gas and Mineral Corporation. Counsel to Petrobangla and Bangladesh in a taxation dispute with KrisEnergy under the ICSID Convention
  • Representing India in a confidential UNCITRAL arbitration concerning certain regulatory measures imposed on an Indian telecom company.
  • Representing India in a confidential UNCITRAL arbitration concerning the imposition of capital gains tax on the acquisition of shares in an Indian mining company.
  • Axiata Investments (UK) Limited and Ncell Private Limited v. Nepal. Counsel to Nepal in an ICSID arbitration under the UK-Nepal Bilateral Investment Treaty in a dispute concerning the imposition of capital gains tax on the acquisition of shares in a Nepalese telecom company. 
  • Niko Exploration (Block 9) Ltd. v. Bangladesh and Bangladesh Oil and Gas Mineral Corp. Counsel to Bangladeshi State-owned oil and gas company in a contract-based ICSID arbitration proceedings.
  • Raiffeisen Bank International AG and Raiffeisen Bank Austria d.d. v. Republic of Croatia. Counsel to Croatia in an UNCITRAL arbitration under the Croatia-Austria bilateral investment treaty arising from alleged investments in Croatia’s financial and banking sectors.
  • Adria Group B.V. and Adria Group Holding B.V. v. Republic of Croatia. Counsel to Croatia in an ICSID arbitration under the Croatia-Netherlands bilateral investment treaty arising from alleged investments in a retail enterprise in Croatia.
  • Talal Al Awamleh and others v. State of Qatar. Represented Qatar in an ICSID arbitration under the Qatar – Jordan bilateral investment treaty arising from contracts relating to a cable television franchise. The case was settled, and discontinued pursuant to ICSID Arbitration Rule 43.
  • Louis Dreyfus Armateurs SAS v. Republic of India.  Counsel to India in a UNCITRAL Arbitration under the India – France bilateral investment treaty arising from a contract concerning the supply and operation of cargo handling equipment in the Indian State of West Bengal. In the final award, the Tribunal not only dismissed all claims, but also awarded India $7.2 million in costs.
  • Nissan Motors Ltd. v. Republic of India. Counsel to India in a UNCITRAL Arbitration under the Comprehensive Economic Partnership Agreement between India and Japan arising from alleged non-payment of tax refunds relating to the activities of an integrated automobile project in the Indian State of Tamil Nadu.
  • Thomas Gosling and others v. Republic of Mauritius. Representing Mauritius in an ICSID arbitration under the Mauritius – UK bilateral investment treaty arising from alleged investments in real estate projects in Mauritius.
  • Representing Mauritius in an ad hoc arbitration pursuant to UNCITRAL rules brought by two Indian companies relating to the termination of a land development agreement and administered by the PCA (Confidential).
  • City-State N.V and others v. Ukraine. Representing Ukraine in an ICSID arbitration under the Ukraine – Netherlands bilateral investment treaty arising from measures in the Ukrainian banking and financial sector. The claimants were awarded less than a third of the original amount claimed.
  • Niko Resources v. Bapex and Petrobangla. ICSID Case Nos. ARB/10/11 and ARB/10/18, on behalf of Bangladesh and two State entities concerning the causes and impacts of two gas blowouts.
  • Tenoch Holdings Ltd. et al. (ByCell Dispute) v. Republic of India, worked for the Government of India on a UNCITRAL Arbitration under the India-Russia and India-Cyprus Bilateral Investment Treaties arising from the cancellation of a Foreign Direct Investment approval granted to a telecom company.
  • Vodafone International Holdings BV v. Republic of India, worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act. 
  • Cairn Energy Holding, U.K. v. Republic of India, worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act.
ICSID ANNULMENT
  • Niko Resources (Bangladesh) Ltd. v. Bangladesh Oil Gas and Mineral Corporation (Petrobangla), Bangladesh Petroleum Exploration and Production Company Limited (Bapex). Counsel to Petrobangla and Bangladesh in ICSID annulment proceedings in respect of a payment claim award rendered in favor of Niko Resources
INTERNATIONAL HUMAN RIGHTS
  • Represented third party in a case involving crimes against humanity, torture, cruel treatment, and extrajudicial killings brief before the Extraordinary Chambers in the Court of Cambodia.
  • Advising Amnesty International USA on litigation and advocacy matters before U.S. Courts.
UNITED NATIONS ADVISORY WORK
  • Achieved successful settlement result for private entity in a price revision contractual dispute under UNCITRAL rules with the United Nations Procurement Division (Office of Supply Chain Management) regarding changing market fundamentals in connection with the sale and purchase of provisions for peacekeeping missions resulting from the effects of the Ukraine-Russia conflict and the COVID-19 pandemic on energy costs and supply chains.
  • Private Entity: Advised private entity in arbitration with UNDP regarding chartering of security vehicles.
  • Private Entity: Advised private entity in negotiations regarding employment matters. 
  • Private Entity: Advised private entity in settlement negotiations regarding provisions for peacekeeping missions.
  • Various States: Advised various States on matters before UNCITRAL WGs II/ III.
PRO BONO
  • Advising Médecins Sans Frontières (MSF) on certain aspects of maritime activities in the Mediterranean Sea. 
  • Representing asylum seekers in immigration court.
ADVISORY WORK ON BILATERAL INVESTMENT TREATIES
  • Advised Republic of India on the reform of its 2016 Model BIT.
  • Member of Indian negotiating team for BITs and investment chapter of FTAs with UAE, USA, Canada, Russia and RCEP. 
  • Advised various Central Asian States on their Model BIT and Model Investment Agreement reform.
PROFESSIONAL EXPERIENCE
  • Legal Advisor, Department of Economic Affairs, Ministry of Finance, Government of India, 2013-2015
  • Associate, Amarchand & Mangaldas & Suresh A Shroff & Co., New Delhi, 2009-2013

Other Publications

  • “Instruction to Expert by Counsel,” ICSID Review – Foreign Investment Law Journal (Oxford University Press) (June 2025)  
  • “Shield Or Sword? The Evolving Debate on Arbitrator Immunity in Africa,” (Young ICCA Voices) (May 2025)
  • “Reforming International Investment Law: Why 'Procedure Over Substance' is the Wrong Approach,” [in] Investment Treaty Arbitration and International Law (Juris Publishing, November 2023)
  • “Focus on Substance v. Dispute Resolution Forum: What Is the Best Way to Go About the ISDS Reform Process?”  [in] Investment Treaty Arbitration and International Law (Juris Publishing, November 2023)
  • “Union of India v Vodafone Group plc: One Step Closer to Reconciling the Jurisdictional Competence of Domestic Courts and Investment Treaty Tribunals?” (co-authored with Constantinos Salonidis), ICSID Review – Foreign Investment Law Journal (2020) 
  • Chapter on “Investment Treaty Protection and Arbitration: The Indian Perspective” in The India Supplement to the CPR Corporate Counsel Manual for Cross-Border Dispute Resolution (December 2019)
  • “The Indian Model Bilateral Investment Treaty: Continuity and Change” [in:] Kavaljit Singh and Burghard Ilge (eds.) Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices (2016)
  • "Case Report on Dunkeld International Investment Ltd. v. Government of Belize (I), PCA Case No. 2010-13,” ICSID Report (Cambridge University Press, forthcoming, summer 2026)
  • “Reconsidering treaty-making in India: An argument for reform through the prism of International Investment Agreements,” Indian Journal of International Law, Vol. 54, Page 283 (2014) 
  • “The English Arbitration Act 2025 is now in Force: What’s Changed?” (September 2025)
  • “Key Changes in the 2025 SIAC Arbitration Rules,” Mondaq (April 2025)
  • “UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting,” Mondaq (April 2023)
  • “Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration,” Mondaq (June 2022)
  • “Supreme Court set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations,” Mondaq (January 2022)
  • “Next generation treaty” (co-author), The Indian Express (November 2015)  

Honors & Involvement

HONORS
  • Legal 500 USA – Dispute Resolution: International Arbitration (2026) – “Next Generation Partner” 
  • Legal 500 USA – Dispute Resolution: International Arbitration (2025) – “Leading Associate” 
  • Legal 500 USA – Dispute Resolution: International Arbitration (2022, 2023, 2024) – “Rising Star” 
  • Legal 500 USA – Dispute Resolution: International Arbitration and International Litigation (2021) – “Key Lawyer” 
  • Capital Pro-Bono Honor Roll, 2018
  • Inlaks Scholarship, 2015-16
  • Arthur T. Vanderbilt Scholarship, New York University School of Law, 2015-16
  • J.N. Tata Endowment Scholarship, 2015-16
  • V. K. Krishna Menon Memorial Gold Medal, Indian Academy of International Law and Diplomacy, September 2014
  • Honors Award for Outstanding Achievement, Xiamen Academy of International Law, July 2014
INVOLVEMENT
  • Fellow, The Malaysian Institute of Arbitrators 
  • Panel Arbitrator, Borneo International Centre for Arbitration and Mediation (BICAM)
  • Mentor, International Investment Law and Arbitration Mentorship Program, George Washington University School of Law (2024)
  • Board Member, International Arbitration Association, New York University School of Law (2015-16)
  • International Advisor, Jindal Society of International Law, Jindal Global Law School (India) (2021-present)
  • Fellow of the Chartered Institute of Arbitrators (F. CIArb)
  • The South Asian Bar Association of Washington D.C. 
  • Associate Member, Indian Society of International Law
  • Young International Council for Commercial Arbitration
  • Empaneled Arbitrator, Brunei Darussalam Arbitration Centre Berhad (BDAC)
  • Steering Committee Member, CPR Institute’s Young Leaders in Alternative Dispute Resolution, 2025-2028

Other Events

  • Panelist, “AI and Cross-Border Tech Disputes,” Intellectual Property Office of Singapore and Morrison Foerster, San Francisco (March 5, 2026) 
  • Panelist, CPR Institute- International Institute for Conflict Prevention & Resolution, Annual Meeting and Conference, “Caught in the Crosswinds: Navigating Energy and Infrastructure Project Risks in the US and Beyond in the Face of Rapidly Shifting Policy Agendas” San Diego, California (February 11-13, 2026) 
  • Speaker and Program Coordinator, 2026 ABA International Law Section Americas Conference, “Tariffs, Trade and Arbitration: Navigating Cross-Border Disputes in a Shifting U.S. Regulatory Landscape,” Mexico City (January 28, 2026) 
  • Featured Panelist, Washington Arbitration Week 2025, “Navigating Global Life Sciences Disputes: Emerging Trends and Challenges in International Arbitration” (October 7, 2025)
  • Invited Speaker and Panelist, Delhi Arbitration Week 2025, “Environmental Concerns in Investor-State Dispute Settlement” and “Training on Cross Examination of Expert Witness” (September 18 and 19, 2025)
  • Invited Speaker, India ADR Week (Mumbai) 2025, “Closing the Enforcement Gap: Lessons from Global Arbitration Reforms” (September 16, 2025)
  • Moderator, Asian International Arbitration Centre, “International Arbitration, Investment and Trade,” Kuala Lumpur (June 19, 2025)
  • Panelist, Global Leaders League, “Leveraging AI and Machine Learning in Legal Operations,” Dubai (April 2025)
  • Panelist, “Global Perspectives on BITs and FTAs,” Singapore Very Young Arbitration Practitioners, London Very Young Arbitration Practitioners and Latin American Arbitration Practitioners (April 30, 2025)
  • Georgetown University Law Center, South Asian Law Student Association “Virtual BigLaw Info Networking Session” (15 November 2024)
  • Panelist, Recent World Events and International Arbitration, George Washington University School of Law, International Arbitration Students Association (October 19, 2023)
  • Speaker, “Investment Arbitration: Boon or Bane for Developing States”, India ADR Week (11 Oct. 2022)
  • Invited Trainer, “How to draft a Request for Arbitration,” Young ICCA workshop on “Commencing an Arbitration: Practical Insight into the Kick-off of an International Arbitration Proceeding” (March 2, 2022) 
  • Speaker, “Procedure in International Arbitration”, “Lifeline of An Arbitration” webinar hosted by the Mumbai Centre for International Arbitration (February 24, 2022)
  • Speaker, ““Investment-Treaty Disputes in the Energy Sector” at the MNLU-CAR Global Energy Arbitration Conference hosted by Maharashtra National Law University (December 4, 2021)
  • Speaker, “Commencement of an Arbitration”, “Lifeline of An Arbitration” webinar hosted by the Mumbai Centre for International Arbitration (November 26, 2021)
  • Speaker, “The UN Singapore Convention – Two Years Later,” organized by the New York State Bar Association (September 14, 2021)
  • Speaker, “Careers in International Arbitration,” Columbia International Arbitration Association’s Panel Discussion organized by the Columbia Law School (July 27, 2021) 
  • Author and Speaker, “Reforming International Investment Law: Why 'Procedure Over Substance' is the Wrong Approach,” Fifteenth Annual Investment Treaty Arbitration (May 2021), Juris Conferences
  • Featured Panelist, “Careers in International Law,” Jindal Society of International Law, Jindal Global Law School, Haryana, India (April 2021)
  • Featured Panelist, “The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences,” authored by Taylor St. John, Young ICSID’s Online Book Launch Series (June 2018)
  • Panelist, “Developments in International Investment Agreements” Columbia law School, New York (February 2017)
  • Chair, UNCTAD Expert Meeting on “The role of treaty interpretation in IIA reform,” Geneva (February 2015)