Experience

    • Barrick (PD) Australia Pty Limited in an ICSID arbitration, and Barrick (Niugini) Limited in an ICSID conciliation, both with the Independent State of Papua New Guinea, arising out of the Government’s refusal to renew a special mining lease held over the Porgera Gold Mine.
    • Bulyanhulu Gold Mine Limited and Pangea Minerals Limited, subsidiaries of Acacia Mining plc, in a mining arbitration against the Government of the United Republic of Tanzania seated in London under the UNCITRAL Rules.
    • The State of Qatar and Qatari entities and individuals in international claims arising out of the measures imposed by the United Arab Emirates, Saudi Arabia, Bahrain, and Egypt against Qatar, including twice prevailing in proceedings on provisional measures before the International Court of Justice against the United Arab Emirates under the International Convention on the Elimination of All Forms of Racial Discrimination, obtaining a unanimous decision in Qatar’s favor in proceedings before the International Court of Justice under the Chicago Convention and the International Air Services Transit Agreement, and in investment arbitrations and claims in other international tribunals.
    • Tethyan Copper Company in its US$6 billion arbitration win against the Islamic Republic of Pakistan, which is the second-largest ICSID award ever rendered.
    • Pueblo Viejo Dominicana, a joint venture between Barrick Gold and Goldcorp, in a dispute with the Government of the Dominican Republic regarding the Pueblo Viejo gold, silver and copper mine, which is reported to be the largest foreign investment in the Dominican Republic.
    • Holcim Ltd. and its two wholly owned Dutch subsidiaries, Holderfin B.V. and Caricement B.V., in a dispute against the Bolivarian Republic of Venezuela, arising from the expropriation of their local subsidiary by the Venezuelan government, leading to a $650 million settlement that has been fully paid.
    • A construction company in an ICC arbitration with a major oil company under an EPC contract for the construction of a semi-submersible drilling platform.
    • A leading telecommunications and digital media company in an LCIA arbitration of a contractual dispute arising out of the purchase of assets in multiple jurisdictions, winning a complete victory on indemnification claims of over €139 million, defeating counterclaims of over €84 million, and obtaining a substantial costs award.
    • Japanese shareholder in AAA arbitration involving a dispute arising from a shareholders’ agreement in a Brazilian mining company.
    • VRG Linhas Aereas, a Brazilian airline, before the Second Circuit in an appeal from an order denying enforcement of a Brazilian arbitration award and raising issues under the New York Convention and U.S. arbitration law.
    • The lead claimant in Reineccius, First Eagle, and Mathieu v. Bank for International Settlements, in which a five-member tribunal constituted under the 1930 Hague Agreement awarded private shareholders some $500 million.
    • The United Nations in Brzak v. United Nations, successfully asserting its rights under the Convention on the Privileges and Immunities of the United Nations and corresponding U.S. law; obtaining dismissal of suit filed in the Southern District of New York against the Organization and several employees; successfully defending the appeal to the United States Court of Appeals for the Second Circuit; and successfully opposing the petition for certiorari to the United States Supreme Court.
    • The United Nations High Commissioner for Human Rights as amicus curiae before the U.S. Supreme Court in Boumediene v. Bush and Al Odah v. United States, arguing that the continued detention of prisoners at Guantánamo Bay and the procedures of the military tribunals established to try those prisoners breached the international treaty obligations of the United States.
    • Oy Metsä-Botnia in its $1.3 billion greenfield investment in the Orion pulp mill project in Uruguay and the Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) in the International Court of Justice, which concerns that project. Argentina commenced proceedings against Uruguay in the ICJ pursuant to a bilateral treaty concerning the River Uruguay, which forms a shared border between the two countries, claiming that Uruguay had violated the treaty by allowing construction of the mill.
    • The European Commission as amicus curiae in Sosa v. Alvarez-Machain, in which the EC urged the U.S. Supreme Court to take a rigorous international law approach to the Alien Tort Statute.
    • A group of negotiators and experts on the Chemical Weapons Convention as amici curiae in Bond v. United States, in which the U.S. Supreme Court considered a constitutional challenge to the federal statute implementing the Convention.
    • The Government of Ghana in proceedings in the U.S. District Court in Washington, DC, arising under the New York Convention and in related arbitrations.
    • The Government of Mexico in Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 12, in its successful claims against the United States for violations of the Vienna Convention on Consular Relations in respect of 52 Mexican nationals sentenced to death in state court proceedings in the United States. In March 2004, the ICJ held the United States liable in 51 of those cases and ordered the United States to review and reconsider the convictions and sentences.
    • The Republic of Iraq in defending claims brought by Agility Warehousing Company relating to a telecommunications investment, substantially prevailing on dispositive jurisdictional objections and recovering almost 90% of claimed costs.
    • The Republic of Iraq in successfully defending ICSID claims brought by Itisaluna Iraq LLC and others under the OIC Agreement arising out of a dispute concerning the telecommunications sector. In the jurisdictional stage, we contended that the Parties to the dispute had not consented in writing to submit the dispute to ICSID arbitration. The tribunal dismissed all claims for lack of jurisdiction and awarded close to two-thirds of costs to the Republic.

Education

  • Stanford Law School, 1981, J.D.
  • University of Virginia, 1977, B.A.

Languages

  • English