Commercial Arbitration

Experience

    • Perenco Ecuador in securing an ICSID award against the Republic of Ecuador worth over $390 million plus interest, net of cost recovery and other factors, which is the largest compensation any tribunal has awarded in connection with Ecuador’s Law 42. Ecuador has committed to pay the Award voluntarily, unconditionally and in full.
    • A satellite capacity provider in LCIA arbitration proceedings and domestic court proceedings brought by another satellite company.
    • 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.
    • A consortium of international EPC contractors in pre-arbitral proceedings over a delay and disruption to construction of an airport in the Middle East.
    • An engineering and commissioning contractor in an AUS$2 billion ICC Singapore arbitration concerning the disputed termination of an EPC subcontract to build a captive Combined Cycle power station on an LNG facility.
    • A Cypriot company in a complex commercial arbitration in Stockholm under the SCC Rules, engaging contractual and fiduciary claims under German, Cypriot and Swedish law.
    • Helios Investment Partners and its investment vehicle Samba Luxco Sarl in the settlement of claims made in an ICC Arbitration regarding Samba's stake in Africatel BV. The settlement involved reducing Samba’s stake in Africatel BV from 25% to 14%, and the transfer from Africatel BV to Samba of a 34% stake in Mobile Telecommunications Limited, the Namibian telecoms operator.
    • Claimant Tethyan Copper Company (jointly owned by Barrick Gold and Antofagasta Minerals) in an ICC arbitration against the Pakistani province of Balochistan in disputes regarding a copper and gold mining project in the west of Pakistan.
    • 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 major London-based mining company and its African subsidiary, one of the largest mining and metals companies in Africa, in four parallel LCIA arbitrations relating to a $500 million dispute with a major contractor over short delivery and other alleged breaches of a contract for mining services at an open cast copper mine in Southern Africa.
    • An aluminum manufacturer in an ICC arbitration claim for breach of an alleged alumina sale and purchase contract.
    • Brazilian shareholders in a Brazilian electricity distribution company in a series of disputes with a U.S. shareholder under different shareholders’ agreements.
    • Two investment funds in a series of disputes relating to an investment in a restructured Brazilian consumer products business. The representation includes an ICC arbitration seated in Saõ Paulo and coordination of litigation proceedings in Brazil and elsewhere.
    • A Canadian mining group in a dispute with the government of an African country, concerning claims of breach of the tax stabilisation and other provisions of an agreement for the operation of a copper treatment facility, and an expropriation of certain of the mining company’s rights.
    • A major Japanese automotive corporation as claimant in consolidated ICC London arbitration proceedings concerning a multibillion-euro cross-shareholding and arising out of a commercial alliance.
    • UBS Financial Services, as lead trial counsel defeated claims brought by former UBS clients in connection with investment losses during the Fall of 2008. Following nine hearing days, the three-arbitrator FINRA panel denied all of the claimants’ claims.
    • A major pharmaceutical company with advice at board-level concerning worldwide supply chain issues, including delay and quality concerns resulting in severe disruption caused to its global vaccines business, resulting in a successful settlement avoiding lengthy arbitration proceedings.
    • An Austrian investor in a $500 million LCIA arbitration arising out of the collapse of the Ukrainian banking sector in 2008.
    • A major pharmaceutical company in litigation alleging material breaches and unilateral termination of a commercial supply agreement for the development and manufacture of a vaccine.
    • A major global financial institution in a multimillion dollar arbitration in London arising out of a failed joint venture.
    • The Aditya Birla Group in parallel ad hoc Indian arbitration and LCIA arbitration proceedings.
    • A major Indian base metals mining company in an ongoing multimillion dollar dispute among the members of a JV for the establishment of a mining and refining operation in Africa.
    • An international development bank in arbitration clauses and matters relating to its immunities from suit and execution.
    • Culligan in an arbitration concerning the terms of Culligan's new form North American deal franchise agreement.
    • Verizon Wireless and Verizon Communications in a petition to vacate an arbitral award certifying a class in an arbitration concerning early termination fees.
    • A Brazilian paper pulp producer against European paper company in an ICC arbitration resulting in a favorable settlement.
    • An industrial conglomerate in claims alleging breach of a non-compete provision in the joint venture agreement of a Japanese joint venture, involving a possible ICC arbitration in New York.
    • Bank of New York in a successful arbitration arising from a financial services joint venture.
    • The Republic of Uzbekistan in the Stockholm Chamber of Commerce arbitration instituted by Newmont (Uzbekistan) Limited.
    • A U.S. commodities trading company in an LCIA arbitration and a related litigation in the Dubai International Financial Center Court.
    • 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.
    • GlaxoSmithKline in multiple arbitrations arising from joint development agreements, other joint venture agreements, licensing agreements, and other contracts.
    • Phillip Morris International in disputes arising from intellectual property licensing agreements, in arbitrations arising from distribution contracts and with respect to the enforcement of foreign judgments in the United States.
    • Overseas Private Investment Corporation in many different political risk insurance coverage arbitrations.
    • Defending a hedge fund manager in AAA/ICDR arbitration, in which claimants sought damages related to the operation of a joint venture formed to market hedge funds in Asia. The representation ended in a favorable settlement for our client.
    • A major U.S. financial services company in an ICC arbitration seated in Hong Kong, in a dispute worth over $500 million concerning a significant corporate transaction.
    • A U.S. telecommunications company in winning an AAA arbitration against a European telecommunications company relating to an undersea cable in Latin America.
    • Investors in a Mexican business in a shareholder dispute involving contractual and fiduciary duty claims under Texas and Mexican law.
    • A Swiss company in ad hoc arbitration proceedings relating to payments for a commodities transaction, winning complete dismissal of claims.
    • 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.
    • A European media company defending against claims that it wrongfully terminated a sales contract with a vendor.
    • A European media company asserting claims against local business partners who had sold interests in an Eastern European company in violation of shareholder agreements.
    • A Russian natural resources company in asserting claims against a defaulting purchaser.
    • A European manufacturer in allegations by a U.S. supplier that its products were defective.
    • A European durable products manufacturer in alleged patent infringement and breaches of its supply obligations under a supply agreement with two U.S. companies.
    • A private equity fund in its successful assertion of put rights to exit a Far Eastern telecommunications company following breaches of its rights under a shareholders’ agreement.
    • An oil and gas company in its successful protection of its ownership interest in a Latin American oil and gas joint venture.