International Arbitration and Litigation

Investor-State Arbitration

• Representing a Central American country in an ICSID arbitration under DR-CAFTA initiated by a U.S. investor in the agriculture industry.
• Representing a Luxembourg investor that has brought a €60 million ICSID arbitration against Slovenia for breaches of the Energy Charter Treaty.
• Representing a Central American country in annulment proceedings brought by U.S. investors before ICSID in connection with a dispute under DR-CAFTA in the energy sector.
• Represented a U.S. investor and U.S.-controlled renewable energy company in an ICSID arbitration arising from Peru’s interferences with the Claimants’ Project in the energy sector.
• Represented Resolute Forest Products Inc., one of the world’s largest paper producers, in a $103 million investor-state arbitration claim against the government of Canada under Chapter 11 of the North American Free Trade Agreement (NAFTA) alleging Canada unfairly propped up a competing paper mill.
• Represented Westmoreland Mining Holdings, a U.S. coal producer, in a NAFTA Chapter 11 arbitration against the government of Canada seeking compensation relating to the Albertan government’s phaseout of coal-fired electricity emissions by 2030. This case is another matter that had public policy implications.

International Commercial Arbitration

• Successfully represented a Central American Ministry of Infrastructure and Transport in a $43 million commercial arbitration under the UNCITRAL Rules in a case for alleged breach of contract initiated by a Mexican construction company. We prevailed, including an $8 million counterclaim and 90% of costs.
• Successfully represented True Blue Development Limited in a $50 million ICSID dispute against Grenada arising from the improper termination of the funding mechanism used to construct and develop a Kimpton luxury hotel project. The case settled favorably to the client.
• Represented an oil field operator and its foreign investors in an AAA arbitration arising from a $100 million dispute in oil and gas fields in California regarding distributions of its net profits to a publicly traded trust.
• Represented the largest paint company in the world in an $80 million Bermuda Form insurance coverage arbitration against its insurance carrier, which denied coverage under an employment practices liability insurance policy for costs and liability arising from a class-action litigation case.
• On behalf of one of the largest telecommunications companies in the world, obtained a settlement in excess of $100 million in an arbitration before the Hong Kong International Arbitration Center, relating to the termination of their master service agreement for data centers in Beijing and Shanghai.
• Defended a global healthcare market built on the blockchain in connection with an ICC arbitration in which our client was sued by an investor in its cryptocurrency app.
• Represented a Malaysian corporation and its owner in an ICDR arbitration brought by a U.S. company in a dispute over the sale of medical equipment.
• Representing a U.S. subcontractor in an ICC arbitration brought by a general contractor, hired by the government of Israel to build a water desalinization plant, in a dispute over deficiencies in the water purification equipment.
• Defeated an ICDR arbitration brought against Jacobs Engineering Group Inc. by a subcontractor for a contract to move U.S. military bases in South Korea.
• Prosecuted claims of a Malaysian manufacturer of pipeline equipment in an ICDR arbitration against a U.S. energy company for breach of a long-term supply contract involving U.S. governmental regulatory issues as well as technical disputes over manufacturing standards.

International Litigation

• Defeated a claim by a Venezuelan spy against the Republic of Peru for a $5 million reward for the capture of Vladimiro Montesinos, head of the security services, raising an important sovereign immunity issue.
• Defeated claims and won counterclaims in a New York lawsuit brought by the brother of the sultan of Brunei and Brunei’s investment fund claiming breach of fiduciary duty and other claims against two British barristers.
• Defeated service of process under the Foreign Sovereign Immunities Act for Empresa Siderurgica del Mutun, a Bolivian state mining company, in an $18 million arbitral confirmation proceeding in the District of Columbia arising from a failed mining project.
• Defending Vimeo.com Inc. in two judgment enforcement proceedings in New York arising from lawsuits in Italy brought by Reti Televisive Italiane S.p.A raising an important issue of liability of Internet service providers under the WIPO Treaty.