GBS Disputes

INCLUDES THE REPRESENTATION OF:

• The subsidiary of a Middle Eastern investor in an ICC arbitration in New York initiated against a U.S. mining company. The dispute arises from a supply agreement. New York law applies.
• An African shipping company in an ad hoc arbitration in London arising in connection with various charterparties purportedly entered into since 2007. The case concerns allegations of grand corruption and kleptocracy at the highest levels in an African State and in excess of USD 300 million is at stake.
• Dassault Aviation S.A., Respondent in an ICC arbitration in London brought by Mitsui Sumitomo Insurance Co., Ltd. The dispute arose out of an insurance policy and relates to delays in delivering aircrafts and related supplies to an Asian distributor. English law applied.
• The Republic of Lithuania 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. The total amount in dispute is in excess of EUR 500 million (including counterclaims that are now before the Lithuanian courts following Achmea).
• Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration in Vilnius against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute concerned the operation and management of a 15-year district heating concession in Vilnius and Lithuanian law applied. Veolia initiated the arbitration and advanced claims in the region of EUR 50 million. Our clients counterclaimed and secured an award in their favour for a net value of approximately EUR 56 million.
• Sonangol E.P., Respondent, in three parallel NAI arbitrations in Amsterdam against Exem Energy B.V., a holding company beneficially owned by Isabel dos Santos. The dispute related to high-profile matters of embezzlement, corruption and money-laundering in relation to a share sale and purchase agreement. Dutch and Angolan law applied and more than EUR 650 million was at stake. Sonangol enjoyed complete victory in all three cases, including findings in the main NAI arbitration that the relevant transaction could only be explained as an example of “grand corruption”. As a result, the relevant transaction has been declared null and void and Sonangol has been restored to its 100% shareholder position.
• A subsidiary of Sonangol in an LCIA arbitration in London against a European holding company beneficially owned by Isabel dos Santos. The dispute related 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 applied. The proceedings were terminated after the USD 220 million worth of claims against Sonangol’s subsidiary were withdrawn in their entirety.
• A natural gas seller in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by the buyer and owner of a liquefaction plant. 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 against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
• 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.
• An oil producer, Respondent in an ICC arbitration in Stockholm relating to the consequences of social unrest on the parties’ ability to perform an oil concession agreement. A favorable settlement for 20% of the amount claimed was reached.

Education

• University of Auckland, B.A./LL.B.

Admissions & Courts

• Enrolled Barrister and Solicitor, New Zealand

Languages

• English
• Spanish
• French

Nationality

• New Zealand

• “English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions,” Kluwer Arbitration blog, 20 March 2024 (with M. Schinazi)