Commercial Arbitration

Experience

    • 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 winning one of the largest ICC arbitration awards ever, worth approximately $750 million in a dispute involving shareholders rights and governance decisions in a Korean oil refinary company jointly owned by claimants and respondents. This victory was named the 2010 Arbitration Win of the Year by the Global Arbitration Review.
    • 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, in the successful defense in a FINRA arbitration brought by former UBS clients in connection with investment losses during the Fall of 2008. Following nine hearing days, the three-arbitrator 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.
    • An international pharmaceutical corporation in the settlement of claims under a distribution contract.
    • A major global financial institution in a multi-million 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 multi-million dollar dispute among the members of a JV for the establishment of an 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.