GBS Disputes

INCLUDES THE REPRESENTATION OF:

• Sonangol in three parallel NAI arbitrations in Amsterdam against a European holding company beneficially owned by Isabel dos Santos. The dispute relates to high-profile allegations of embezzlement, corruption and money-laundering in relation to a joint venture agreement. Dutch and Angolan law applies. To date, Sonangol has enjoyed a complete victory in one of the three arbitrations and the Enterprise Chamber of the Amsterdam Court of Appeal has frozen the assets of the relevant offshore holding company.
• A subsidiary of Sonangol in an LCIA arbitration in London against a European holding company beneficially owned by Isabel dos Santos. The dispute relates to high-profile allegations of embezzlement, corruption and money-laundering and to the management and dissolution of a consortium for offshore gas exploration. English and Angolan law applies.
• The Republic of Lithuania, Respondent in an ICSID arbitration brought by Veolia Environnement S.A. and others in relation to district heating and power generation systems in Lithuania (ICSID Case No. ARB/16/3). The claims are brought under the Lithuania-France bilateral investment treaty. The dispute revolves around, inter alia, allegations of corruption, collusion, self-dealing, anti-competitive conduct and tariff manipulation.
• Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute arises from a long-term lease agreement and concerns inter alia allegations of corruption, collusion, self-dealing, overcharging and failure to perform key modernization obligations. Lithuanian law applies.
• EGAS in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS) and in two CRCICA arbitrations in Cairo and Madrid initiated by Union Fenosa Gas (UFG). The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought by SEGAS against EGAS. In another ground-breaking decision on the application of the ICSID Convention, the CRCICA Tribunal having its seat in Madrid equally dismissed the entirety of the USD 3.6billion claim brought by UFG. Finally, in the CRCICA arbitration with a seat in Cairo, the Tribunal dismissed the USD 10 million claim brought by UFG.
• A private equity fund and its founder in an HKIAC arbitration initiated by the fund’s general partner and an alleged investor in the fund. The arbitration concerned ownership of various entities in the fund structure. Hong Kong law applied.
• Atlas Power and eight other Independent Power Producers (IPPs), Claimants in an LCIA arbitration seated in London against Pakistani State-owned entity, National Transmission & Despatch Company (NTDC). The dispute arose out of the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPs and NTDC. The law of Pakistan applied. Our clients’ claims were upheld in full in an award granting USD 104 million in damages and USD 24 million in interest.
• PetroVietnam, Respondent in an ICC arbitration in Singapore initiated by three European and Australasian energy companies. The dispute arose from a production-sharing agreement. The Arbitral Tribunal rejected in full the USD 100 million claims against PetroVietnam and ordered the Claimants to reimburse the costs of the arbitration in full.
• ArcelorMittal in a dispute with the Republic of Bosnia and Herzegovina. The dispute arose from a joint venture for the operation of an iron ore mine.
• Sonangol E.P., Respondent, in an NAI arbitration in Amsterdam against a European holding company beneficially owned by Isabel dos Santos. The dispute relates to high-profile allegations of embezzlement, corruption and money-laundering in relation to a joint venture agreement. Dutch and Angolan law applies.

Education

• University of Auckland, B.A./LL.B.

Admissions & Courts

• Barrister and Solicitor, New Zealand

Languages

• English
• Spanish
• French

Nationality

• New Zealand

James has a particularly deep knowledge of international arbitration procedure. In addition to his work with our team, he trained for more than four years at the start of his career as the principal assistant of one of the world’s top international commercial and investment law arbitrators, Sir David A.R. Williams QC.  During that time, James was involved in over 50 major commercial and investment treaty arbitrations under all of the major arbitral rules involving many of the world’s pre-eminent arbitrators and a broad range of industry sectors.