Cases + Advisory
Arbitrator
Suffolk (Mauritius) Limited, Mansfield (Mauritius) Limited and Silver Point Mauritius v. Portuguese Republic, ICSID Case No. ARB/22/28, president (pending)
Eurasian investor v. Middle Eastern State, UNCITRAL, appointed by respondent (pending)
Alexander Nelin v. Republic of Cyprus, ICSID Case No. ARB/18/41, president (discontinued November 2021)
Expert
B-Mex, LLC and others v. United Mexican States, ICSID Case No. ARB(AF)/16/3 — tribunal-appointed expert on privilege issues
Counsel
Republic of Ecuador v. United States of America—represented the respondent in an UNCITRAL arbitration under the Ecuador-United States bilateral investment treaty concerning the interpretation of the treaty’s “effective means” provision
Cairn Energy PLC and Cairn UK Holdings Ltd. v. Republic of India—represented claimants in an UNCITRAL arbitration in Stockholm under the India-United Kingdom bilateral investment treaty concerning retroactive tax measures
Rasia FZE and J. Borkowski v. Armenia—represented claimants in an ICSID arbitration under the Armenia-United States bilateral investment treaty and two concession agreements concerning a railway and high-speed roadway
Hela Schwarz GmbH v. People’s Republic of China—represented the respondent in an ICSID arbitration under the PRC-Germany bilateral investment treaty concerning real property
Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines, represented the respondent in an ICSID arbitration under the Germany-Philippines bilateral investment treaty concerning construction of an airport terminal
EDF (Services) Limited v. Romania—represented the respondent in an ICSID arbitration under the Romania-United Kingdom bilateral investment treaty concerning airport services
Canadian Cattlemen for Fair Trade v. United States of America—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning health measures
Glamis Gold, Ltd. v. United States of America—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning mining operations
Grand River Enterprises Six Nations Ltd. et al. v. United States of America—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning a settlement agreement involving major tobacco companies and state legislation partially implementing the settlement
CANACAR et al. v. United States of America—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning cross-border transportation services
Victims of the Stanford Ponzi Scheme v. United States of America—represented the respondent in UNCITRAL arbitrations under NAFTA Chapter Eleven, CAFTA-DR Chapter Ten, U.S.-Peru Trade Promotion Agreement Chapter Ten, U.S.-Chile Free Trade Agreement Chapter Ten, and U.S.-Uruguay Bilateral Investment Treaty concerning financial services
Apotex Holdings Inc. and Apotex Inc. v. United States of America (“Apotex 3”)—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning importation of pharmaceuticals
Apotex Inc. v. United States (“Apotex 1-2”)—represented the respondent in an UNCITRAL arbitration under NAFTA Chapter Eleven concerning pharmaceutical applications
Represented the United States as non-disputing treaty party in:
Mercer International Inc. v. Government of Canada, NAFTA/ICSID Additional Facility
Spence International Investments v. Republic of Costa Rica, CAFTA-DR/UNCITRAL
Adel A. Hamadi al Tamimi v. Sultanate of Oman, US-Oman Free Trade Agreement/ICSID
Renco Group Inc. v. Republic of Peru, US-Peru Trade Promotion Agreement/UNCITRAL
Mesa Power Group, LLC v. Government of Canada, NAFTA/UNCITRAL
KBR, Inc. v. United Mexican States, NAFTA/UNCITRAL
Bilcon of Delaware et al. v. Government of Canada, NAFTA/UNCITRAL
Detroit International Bridge Co. v. Government of Canada, NAFTA/UNCITRAL
Teco Guatemala Holdings Inc. v. Republic of Guatemala, CAFTA-DR/UNCITRAL
Chemtura Corp. v. Government of Canada, NAFTA/UNCITRAL
Railroad Development Corp. v. Republic of Guatemala, CAFTA-DR/UNCITRAL
St. Marys VNCA LLC v. Government of Canada, NAFTA/ICSID Additional Facility
Represented the Republic of the Philippines in an ICC arbitration in Singapore concerning an airport terminal
Represented a consortium of Areva and Siemens in a €6.1 billion ICC arbitration in Stockholm against a Finnish utility concerning the construction of a nuclear power plant in Finland
Represented a Middle East/North African joint venture in ICC proceedings against Japanese and Korean companies over the construction of a fertilizer plant in North Africa
Represented a Canadian mining company in two LCIA arbitrations in London against a Swiss trading company over the sale and purchase of gold and lead concentrates
Represented Hong Kong and Irish companies in an LCIA-administered arbitration in London concerning the provision of telecommunication services
Represented an Italian company in an SCAI arbitration in Paris against two German companies concerning post-M&A representations
Advisory
Advising the UK Government on international trade and investment law
Advising an Asian State on public international law issues
Advising an Asian State on coordination of its defense in international investment disputes
Advising the United Nations Commission on International Trade Law (UNCITRAL) Secretariat on ISDS reform
Advised on the negotiation of U.S. international investment agreements, including:
Trans-Pacific Partnership (TPP) (12-country agreement)
Transatlantic Trade and Investment Partnership (TTIP) (with the European Union)
Bilateral investment treaties with China, the Czech Republic, Mauritius, Pakistan, and Rwanda
Advised on the Obama Administration’s review of the U.S. model bilateral investment treaty
Advised on an agreement with a Central American State to mediate legacy expropriation claims of U.S. nationals and to arbitrate the remaining claims
Advised on the negotiation, entry into force, and implementation of the United States’ $400 million claims settlement agreement with Iraq, compensating U.S. victims of the Saddam Hussein regime
Advised the U.S. State Department, White House, U.S. Mission to the United Nations, and senior Iraqi officials on the lifting of Saddam-era UN Security Council sanctions on Iraq
Advised U.S. State Department officials on peacekeeping operations in the Middle East
Advised the U.S. government on the negotiation, entry into force, and implementation of the U.S.-Iraq Security Agreement and Strategic Framework Agreement
Advised U.S. State Department officials on legal issues concerning international criminal courts, including the ICTY, ICTR, Special Tribunal for Lebanon, and Special Court for Sierra Leone
Advised a UK company on a negotiation and enforcement strategy for an investment treaty award
Advised a South American State on its model bilateral investment treaty
Advised a Middle Eastern State on the negotiation of a bilateral investment treaty with a North American State
Advised an Eastern European State on two pre-arbitration investment disputes
Advised a Middle Eastern State on treaty negotiations for an international infrastructure project
Advised U.S. investors on the expropriation of investments by a Central American State
Advised a U.S. dual-national investor on the settlement of claims for expropriation of real estate and electricity-generation facilities by a Central American State
Advised an Asian State on investment treaty policy and coordination of its defense in international investment disputes
Advised an Asia-Pacific State on coordination of its defense in international investment disputes
Advised a Middle Eastern State on coordination of its defense in international investment disputes
Advised U.S. and European companies on two investment treaty arbitrations