Experience

• Investment Arbitration and Public International Law

  • Gramercy Funds Management and Gramercy Peru Holdings in an UNCITRAL arbitration against the Government of Peru under the U.S.-Peru Trade Promotion Agreement, arising out of Peru’s measures relating to Agrarian Reform Bonds.
  • Perenco Ecuador, prevailing on novel jurisdictional and merits issues in an ICSID arbitration arising out of the Republic of Ecuador’s unilateral increase of its participation to 99% of all revenues from oil sales above a fixed “reference price” and its declaration that Perenco’s contracts had come to an end. Perenco is now entitled to approximately US$435 million, net of cost recovery and other factors, which is the largest compensation amount that any investment tribunal has awarded against Ecuador for its imposition of Law 42.
  • 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.
  • Francesco Becchetti and five other Italian investors in ICSID proceedings against Albania arising out of claimants’ investments in a hydroelectric plant and a media company, winning a historic order of provisional measures suspending criminal and extradition proceedings, and resulting in a favorable award.
  • An investment manager in acquiring and settling on favorable terms a series of investment arbitration awards.
  • A North American investment company in a dispute against the Republic of Peru under the terms of a Free Trade Agreement, worth over $590 million.
  • 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.
  • A publicly-listed mining company in socio-environmental matters relating to a mine in Latin America.
  • A U.S. investment firm in analyzing an investment in a portfolio of international arbitration claims involving sovereigns.
  • 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 and its subsidiaries, Holderfin B.V. and Caricement B.V., against Venezuela in proceedings before ICSID under the Switzerland-Venezuela BIT and the Netherlands-Venezuela BIT, asserting claims that Venezuela’s nationalization of Holcim Venezuela constituted unlawful expropriation and discrimination. After Holcim filed its statement of claim, the parties agreed on a settlement providing for compensation of $650 million.
  • Albaniabeg Ambient and Costruzioni in ICSID proceedings against Albania arising out of claimants’ investments in a waste management and renewable energy production plant.
  • The U.K. Government as amicus curiae in litigation relating to the Vienna Convention on Consular Relations before U.S. federal and state courts and the United States Supreme Court.

• Commercial Arbitration and Litigation

  • A European fintech company in defending claims of over $60 million arising out of a putative software licensing and services agreement.
  • The International Court of Arbitration® of the International Chamber of Commerce as amicus curiae in support of Chevron Corporation’s opposition to the confirmation of an Egyptian arbitral award before the U.S. District Court for the Northern District of California.
  • An investment firm in evaluating investments in various commercial arbitration awards and litigation against a foreign sovereign.
  • A leading steel company in the Americas in a dispute arising from an acquisition and related supply agreements.
  • An Asian solar cell manufacturer in a dispute under the LCIA Rules involving claims for breach of contract and under the CISG for over $200 million, leading to a successful settlement.
  • Hyundai Heavy Industries in an ICC arbitration involving disputes between the shareholders of Hyundai Oilbank Ltd. (HDO), South Korea’s fourth largest oil refining and marketing company, winning the largest ICC award issued at the time and Global Arbitration Review’s "Arbitration Win of the Year" (2010).
  • 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.
  • A major publicly-listed mining company in designing an industry-wide alternative dispute resolution protocol for government disputes in Africa.
  • Norilsk Nickel and Interros International Investments in a dispute with United Company Rusal, including LCIA arbitration proceedings and related court litigation in the United States, England, Russia, Switzerland, St. Kitts & Nevis and The Netherlands.
  • General Electric in resolving disputes with multiple customers whose contracts involving sanctioned countries were cancelled when GE acquired a subsidiary. Some of the disputes led to arbitration or domestic litigation, and many others were resolved amicably.
  • A publicly-listed sporting goods company in a dispute arising out of a distribution agreement, winning dismissal of all claims for over €30 million in addition to an award of attorney’s fees.
  • A Swiss company in ad hoc arbitration proceedings relating to payments for a commodities transaction, winning complete dismissal of claims.
  • A European equipment manufacturer in an SCC arbitration arising out of the termination of a supply contract requiring performance in a country subject to trade restrictions, including emergency relief.
  • An investor in an African mining project in a dispute arising from an electrical power supply agreement with the national electric company.
  • Investors in a Mexican business in a shareholder dispute involving contractual and fiduciary duty claims under Texas and Mexican law.