Allen & Overy LLP has superlative expertise across the full spectrum of public international law and related matters ranging from environmental and human rights issues to transnational jurisdiction, international compliance and sanctions issues. Its 'outstanding and hardworking' team is experienced in state-to-state disputes before the International Court of Justice and tribunals under the jurisdiction of the Permanent Court of Arbitration, ICSID, the United Nations Convention for the Law of the Sea and other ad hoc bodies. The group's capabilities in human rights law was bolstered by the arrival of Suzanne Spears from Volterra Fietta; she handles advisory and contentious work, with a focus on matters related to investment treaties, territorial boundaries, international trade and sovereign immunity. Mark Levy QC regularly coordinates with the Paris office in representing sovereign state and corporate clients in commercial arbitrations and investment treaty cases. Other key figures include Kate Davies and James Freeman and senior associates Naomi Briercliffe and Guled Yusuf.
Public international law in London
A&O Shearman
Les références
‘Mark Levy and Suzanne Spears are excellent, they have a real commitment to broaden and deepen the knowledge across the firm in the public international law and human rights area.‘
‘Suzanne Spears is one of the leading lawyers in business and human rights. She is engaging, alert and reliable, and she is aware of all the rapid developments in this area. I cannot recommend her highly enough.’
‘Kate Davies is especially bright and knowledgeable in her field of expertise‘
Principaux clients
European Union
European Investment Bank
Federal Republic of Somalia
Islamic Republic of Pakistan
UniCredit
Sultanate of Oman
Principaux dossiers
- Acting for the European Union and the European Investment Bank in major multi-jurisdictional litigation concerning breaches by the Syrian Arab Republic of a series of agreements relating to various commercial and construction projects in Syria.
- Advising the Federal Republic of Somalia on its accession to the World Trade Organisation.
- Representing the Aire Centre, as intervener, in a Supreme Court case concerning the application of the Refugee Convention and the UK government’s responsibilities thereunder in connection with refugee families currently living on the sovereign base areas in Cyprus.
- Advisisng Genossenschaft Elektra Baselland and Tubo Sol PE2 S.L on a recently launched claim at ICSID under the Energy Charter Treaty against the Kingdom of Spain.
Clifford Chance LLP
Clifford Chance LLP has significant bench strength in international investment arbitration, as well as in complex and politically sensitive issues in the field of public international law; its team has recently advised on claims to self-governance by constituent territories within states and the application of human rights law within territories under occupation. The practice has also seen a growth in Brexit-related instructions, such as advising on the implications of restrictions on foreign investment; alternative EU membership models; and inbound and outbound trade-law issues post-Brexit. Recent work for practice heads Audley Sheppard and Rae Lindsay includes acting for the claimants in substantial investment treaty proceedings against various states; advising on issues arising in territories in conflict and/or under occupation; and assisting with matters concerning human rights law. Jessica Gladstone advises corporate clients, international organisations and states on WTO rules (including state aid rules and subsidies issues), as well as on international sanctions.
Principaux clients
Invenergy Renewables
Arrowhead Resources Limited
Principaux dossiers
- Acting for Invenergy Renewables LLC in an UNCITRAL arbitration against Poland relating to the wind energy sector and concerning several contracts concluded with state̴-owned companies and regulatory changes to the support scheme for wind energy investments.
- Acting for Arrowhead Resources Limited in an ICSID investment dispute with the Arab Republic of Egypt arising under the Australia-Egypt BIT.
- Advising a large number of clients across various sectors (such as financial institutions, mining, oil and gas, telecoms, sports and transport) on the applicability and effect of the Modern Slavery Act, which introduced a new transparency/reporting requirement on large commercial organisations, often operating on a global basis.
- Advising a number of large EU and non-EU financial institutions, corporates and financial investors in the UK, Europe and beyond on the implications of the Brexit vote. Recent mandates include advising on WTO scenarios, and trade law issues across Europe in a post-Brexit context.
Debevoise & Plimpton LLP
Debevoise & Plimpton LLP has 'unmatched breadth of experience' across a broad spectrum of public international law-related areas. The team regularly undertakes complex cases involving international environmental law; international humanitarian law; treaty interpretation; indigenous rights; arbitrary detention; political persecution; state responsibility for internationally wrongful acts; and denial of justice claims. Lord Peter Goldsmith is particularly noted for his substantial experience in representing sovereign and commercial clients in public international law arbitration and other court proceedings worldwide. He is currently lead counsel in a series of high profile public international law disputes pursued by the State of Qatar, including in its case before the International Court of Justice under the International Convention on the Elimination of All Forms of Racial Discrimination. Wendy Miles and Patrick Taylor are the other key names for proceedings in the financial services, telecoms, construction, and energy and natural resources sectors. Aimee-Jane Lee advises on the international protection of investments, particularly under bilateral investment treaties, the Energy Charter Treaty and investor-state contracts.
Les références
‘Debevoise & Plimpton is one of the very top firms in this field. It has a breadth of experience that not many firms can match.’
‘Peter Goldsmith QC is a seasoned litigator; there is nothing he hasn’t seen‘
‘Aimee-Jane Lee is the superstar in the group, and is whip smart and has excellent attention to detail.’
Principaux clients
Royal Dutch Shell
Human Dignity Trust
Commonwealth Lawyers Association
International Commission of Jurists
Center for Reproductive Rights
The Nova Group Investments
The Russian Federation
Principaux dossiers
- Acting for Royal Dutch Shell and Shell Petroleum Development Company of Nigeria Ltd in proceedings in the London High Court brought by over 40,000 individuals in Nigeria claiming damages in respect of the consequences of widespread oil-spill damage including due to the sabotage of oil pipelines, illegal theft of oil and illegal refining. The claim against the company was on the basis that it was alleged to owe a duty of care to people living in the vicinity of the pipeline which made it responsible for the alleged failings of its Nigerian subsidiary.
- Representing the State of Qatar in several disputes, including in its case before the ICJ under the International Convention on the Elimination of All Forms of Racial Discrimination. The state claims that as a result of a series of discriminatory measures taken by the United Arab Emirates, including the expulsion of Qataris from its territory on 5 June 2017, Qataris have been suffering grave human rights abuses purely on the basis of their national origin.
- Advising the State of Qatar, including in two cases before the ICJ under the Chicago Convention and the International Air Services Transit Agreement, in which Qatar is the respondent. These cases concern the decisions of the International Civil Aviation Organization Council to hear Qatar’s claims that the measures taken by the United Arab Emirates, the Kingdom of Saudi Arabia, Bahrain and Egypt to close their airspace to Qatar violate their international obligations.
- Assisting the Center for Reproductive Rights in its objective to shift the law on reproductive rights and the interpretation of the “right to health” in Ecuador, Nicaragua and Guatemala. The Center is working to have a United Nations Treaty Monitoring Body recommending these states to create a health exception for access to abortion, or, in the case of Ecuador, to interpret their current health exception for access to abortion in very progressive terms (embracing the scope of the right to health as currently developed under international human rights law).
- Acting on a pro bono basis for the Human Dignity Trust, the Commonwealth Lawyers Association and the International Commission of Jurists as interested parties to support an action brought by Caleb Orozco, Executive President of the United Belize Advocacy Movement, in the Supreme Court of Belize challenging the constitutionality of section 53 of the Criminal Code of Belize, which effectively criminalised homosexuality.
Fietta LLP
Arguably, 'one of the leading boutique practices in public international law', Fietta LLP has substantial expertise in investment treaty proceedings, maritime boundary disputes and human rights matters. The practice is regularly instructed by sovereign states, corporate, individual and NGO clients across a wide spectrum of public international law matters. Stephen Fietta QC has 'an outstanding reputation' in investment treaty arbitration and often leads on high-profile and substantial claims, including acting for a large group of Greek investors in an ICSID arbitration against the Republic of Cyprus arising from the Cypriot financial crisis and European Union/IMF bail-out of 2013. Also of note are recently promoted partner Jiries Saadeh, counsel Ashique Rahman and associates Oonagh Sands and Laura Rees-Evans.
Les références
‘Fietta is now undoubtedly the leading boutique in London in international arbitration and public international law. They have a large case load, and talent from top to bottom. No other boutique in London comes close.’
‘Stephen Fietta is one of the best experts on public international law and has a very good and experienced team behind him.‘
‘Jiries Saadeh is among the best three of his generation- definitely a name to note.‘
Principaux clients
Big Sky Energy Corporation
Arab Telemedia
City-State N.V. and others
Vincent Ryan / Schooner Capital LLC
Principaux dossiers
- Representing a Finnish national, in a pending UNCITRAL arbitration brought under a bilateral investment treaty against Egypt in relation to an iron ore and steel producing concession.
- Representing Big Sky Energy Corporation (a US company previously listed on the NASDAQ) in its investment dispute with the Republic of Kazakhstan regarding the state’s allegedly unlawful expropriation of Big Sky’s investments in Kazakhstan.
- Advising Arab Telemedia, a Jordan-based media company, in a treaty arbitration against Qatar under the Jordan-Qatar BIT.
- Representing City-State N.V. and others in an ICSID arbitration against Ukraine brought under the Netherlands-Ukraine BIT in a dispute concerning Ukraine’s violations of the BIT with respect to an alleged failure to protect the claimants’ investment in a Ukrainian bank from illegal asset-stripping by a Ukrainian oligarch.
- Advising an Asian State on various issues relating to territorial sovereignty and jurisdiction and the law of the sea.
Freshfields
Freshfields Bruckhaus Deringer LLP's public international law team stands 'head and shoulders above its peers'. The group has extensive experience in acting for states in inter-state disputes, international investment arbitration and proceedings in the International Court of Justice, the European Court of Justice and Human Rights, and other specialist international tribunals, including under the UN Convention on the Law of the Sea. It also advises clients on complex contentious and non-contentious sanctions issues globally, and continues to work with international organisations where it is advising on the UN Guiding Principles on Business and Human Rights. The team also advises global lenders, development banks, and other international organisations on the immunity of international organisations under international law. Will Thomas has particular expertise in the energy, telecoms and projects sectors, with a focus on disputes in the Middle East and Africa. Sylvia Noury focuses on investor-state disputes in emerging markets, particularly in Africa, India and Latin America.
Les références
‘The team at Freshfields is at the top of its game – a truely top-tier group recommended for its efficiency, good communication, responsiveness and clear thinking.‘
‘The team includes individuals who are incredibly bright and pro-active. They stand head and shoulders above their peers.’
‘Will Thomas is an expert arbitrator who is passionate and deeply knowledgeable.‘
Principaux clients
International Federation of Red Cross & Red Crescent Societies
Anglo American
Deutsche Telekom
Vestey Group
Sabafon
Principaux dossiers
- Assisting the International Federation of Red Cross & Red Crescent Societies with the preparation of “The Legal Framework for Migrants & Refugees – An introduction for Red Cross & Red Crescent Staff & Volunteers”. The document sets out the differences between certain categories of persons, including migrants, refugees, and victims of trafficking, as well as the international legal frameworks applicable to those categories of persons and the rights that they enjoy.
- Representing Anglo American, the global leading mining company, in a bilateral investment treaty arbitration against the Venezuelan government under the ICSID Additional Facility Rules. The dispute relates to Venezuela seizing a number of Anglo American’s ferronickel processing assets in 2012, as well as the government’s refusal to issue tax credits to which Anglo American’s local subsidiary was entitled.
- Acting for Deutsche Telekom in an UNCITRAL arbitration against the government of India relating to the cancellation of an agreement for the long-term lease of satellite capacity and spectrum, which has sparked two parallel investment treaty claims, a contractual claim and local regulatory proceedings in India.
Volterra Fietta
Volterra Fietta is a boutique practice focusing entirely on public international law. The team has 'a very good reputation' as counsel and advocates at the International Court of Justice, the European Court of Human Rights and tribunals constituted under the auspices of the Permanent Court of Arbitration, ICSID and United Nations Convention for the Law of the Sea. The practice advises a mix of states, international organisations and corporate clients on bilateral investment treaties; land and maritime territorial and boundary disputes; treaty interpretation; state responsibility; sovereign and diplomatic privilege and immunity; economic sanctions; international environmental law; and international trade and WTO law. Key figures include name partner Robert Volterra, Graham Coop and international counsel Álvaro Nistal.
Cooley (UK) LLP
At Cooley (UK) LLP, Tim Daniel is noted for his work with a number of governments and parastatals, particularly in the developing world. Key mandates include representing various states before the ICJ in a number of significant land and maritime boundary disputes. Daniel's practice also covers counter‐terrorism and asset tracing for states and private companies; he continues to advise the government of Nigeria on national and international boundaries. James Maton and Laurence Harris act for corporations and governments in a wide range of complex commercial, regulatory and public international law disputes, with a focus on the recovery of proceeds of corruption and enforcing foreign confiscation orders. John Brown is an expert in maritime boundary delimitation and in the definition of maritime zones. Counsels Christophe Bondy and Joshua Brien are also of note for investment-state arbitration, Law of the Sea matters and for issues concerning the continental shelf.
Principaux clients
Government of Turks & Caicos Islands
Government of Bermuda
World Bank: Singapore Office
Asset Management Corporation of Nigeria
West African Aquaculture Ltd.
Principaux dossiers
- Advised the World Bank, Singapore on deep seabed mining in the Asia‐Pacific region, focusing on the application of the precautionary principle and the development of a harmonised approach amongst different jurisdictions to the management and regulation of deep seabed mining on the continental shelf.
- Acted for West African Aquaculture as the claimant in an ICSID arbitration brought against the Republic of the Gambia regarding the direct expropriation of the claimants’ aquaculture business.
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills LLP's team of 'top-tier lawyers' has 'excellent experience' in investment treaty arbitration, acting for sovereign and leading multinational clients in proceedings against states. The group's work in this space focuses strongly on disputes in areas where the firm is traditionally strong, including the energy, oil and gas, mining and banking sectors. Other areas of expertise include Law of the Sea issues, sovereign and international organisation immunity and human rights-related matters, sanctions and international trade law; the team has also been seen a steady growth of work advising clients on the UK's exit from the EU. Andrew Cannon has 'tremendous experience in public international law'. Iain Maxwell is noted for his representation of clients in ICSID investment arbitration.
Les références
‘Herbert Smith Freehills’ public international law practice is experienced in acting for both investors and states, giving them an advantage, having seen the dispute play out from both sides.’
‘Top-tier lawyers, excellent experience.’
‘Andrew Cannon – a public international law expert with government experience – and Iain Maxwell – a very competent lawyer – make a great well-rounded team.’
Principaux clients
Standard Chartered
United Utilities
Kingdom of Spain
ACP Axos Capital GMBH
The Government of Sierra Leone
Principaux dossiers
- Acting for United Utilities (Tallinn) B.V. and AS Tallinna Vesi in a high-value investment treaty claim against Estonia brought under the Netherlands -Estonia BIT.
- Representing Standard Chartered Bank and its Hong Kong subsidiary in a string of investment arbitrations concerning its investment in a power station in Tanzania.
- Acted for German investor, ACP Axos, in ICSID proceedings brought against the Republic of Kosovo under the Germany – Yugoslavia BIT.
Hogan Lovells International LLP
According to one client, Hogan Lovells International LLP is 'one of the leading firms in the sector with a sophisticated grasp of the overlapping legal regimes'. The practice regularly advises on complex issues of public and private international law, including identifying the legitimate government of a state after civil war; the relationship and interaction between international public law, European Union law and international organisations; human rights law and international economic law. It fields a team of 'dedicated lawyers', who are also experienced in investment treaty arbitration, particularly in the energy and telecoms sectors. Markus Burgstaller continues to be involved in cutting-edge issues at the intersection of international investment law and EU law; he successfully represented the Slovak Republic in its highly publicised dispute with Achmea in which the Court of Justice of the European Union ruled arbitration clauses in intra-EU investment treaties are incompatible with EU law. Charles Brasted, who is the co-head of the global government relations and policy advocacy practice, advises on high-profile, politically sensitive issues with a governmental element. Julianne Hughes-Jennett specialises in international human rights litigation involving corporations.
Les références
‘One of the leading firms in the sector with a sophisticated grasp of the overlapping legal regimes.’
‘Markus Burgstaller leads a fantastic team of dedicated and efficient lawyers, who are experienced in public international law, EU law and commercial arbitration’.
‘Solid team that works on challenging and novel cases; very active in the development of precedential legal argumentation on intra-EU bilateral investment treaties.’
‘Markus Burgstaller has a wealth of knowledge in public international law; he provides helpful answers or recommendations, including highlighting relevant important judicial decisions.’
‘The team at Hogan Lovells works well together and are individually very meticulous, thoughtful and reliable. The advice provided is always top-notch, punctual, yet easy to read.’
‘Charles Brasted is extremely clever. His legal analysis manages to be simultaneously nimble and profound – best of all, it is invariably backed by common sense.’
Principaux clients
Government of the Slovak Republic
Government of Ukraine
Lundin Petroleum
Penwell
The Crown Estate
Principaux dossiers
- Represented the government of the Slovak Republic in a dispute with Achmea, a financial services company. Upon a request from the German Supreme Court on the question of compatibility of intra-EU BITs with EU law, and following the significant earlier decision by the Court of Justice of the European Union stating that arbitration clauses in intra-EU investment treaties are incompatible with EU law, the German Supreme Court annulled the award.
- Continuing to be actively engaged in policy development and Brexit discussions with senior policymakers in the Commission, including Michel Barnier, HM Treasury, and the Department for Exiting the EU, on the status of the UK as a member of the EEA Agreement in the event of a no-deal Brexit.
- Serve as lead outside counsel for Lundin Petroleum, a European-based multinational energy company, in defending executives against a state government investigation and possible prosecution for complicit liability for war crimes and human rights violations allegedly committed by the Government of Sudan.
- Acting for the Government of Ukraine in the defence of an investment treaty claim brought under the Energy Charter Treaty by three investors and subject to the SCC Rules.
- Acting for Penwell, a former stakeholder in MegaCom, the Kyrgyz state-owned mobile operator, in an investment claim against the Kyrgyz Republic under the Kyrgyz Foreign Investment Law by investors in BiMoCom, in relation to an alleged expropriation in the Kyrgyz telecom sector.
Latham & Watkins
Latham & Watkins fields 'a talented team of lawyers' with 'first-class' knowledge of public international law ranging from territorial boundary law, maritime delimitation to Law of the Sea disputes before the International Court of Justice and the Permanent Court of Arbitration; international trade and WTO law; sovereign immunity; international humanitarian law and human rights. Its international sanctions practice continues to be sought for advice related to sanctions imposed against Russia and it has noted a steady growth in instructions relating to international sanctions on Iran and EU blocking measures. Charles Claypoole has a strong track record as an advocate in investment treaty arbitration, and is currently representing Ukraine in the largest treaty claim brought against it, valued at approximately $5bn. Sophie Lamb and Sebastian Seelmann-Eggebert are also highly regarded for international arbitration.
Les références
‘Charles Claypoole and Sebastian Seelmann-Eggebert are at the top of the game for investment arbitration and public international law. Their team includes associates, in particular Thomas Lane, with partner-level expertise and judgement.’
Principaux clients
Republic of Croatia
Government of Ukraine
Republic of Colombia
Thomas Gosling and Mauritian Property Partnerships
VTB Bank
Kingdom of Saudi Arabia
Principaux dossiers
- Defending the state of Ukraine in an arbitration brought by three Cypriot companies under the Energy Charter Treaty, valued at approximately $5bn.
- Representing Strabag SE, a major Austrian construction company, in the first ICSID arbitration ever brought against Libya. The claim concerns complex matters of investment treaty law and international humanitarian law.
- Representing the Kingdom of Saudi Arabia in an arbitration brought by Hochtief Infrastructure GmbH under the bilateral investment treaty between Saudi Arabia and Germany, in relation to construction of an airport.
- Acting for Mason Capital, a US-based hedge fund in an investor-state arbitration against the Republic of Korea under the US-Korea Free Trade Agreement arising out of the Korean government’s interference with Mason Capital’s investments in certain listed companies in Korea, and allegations of government corruption.
- Acting for VTB Bank in challenging EU sanctions and initiating legal proceedings before the General Court in Luxembourg to challenge VTB Bank’s inclusion in these sanctions, arguing, inter alia, breach of fundamental rights and provisions of WTO law, the EU-Russia Partnership and Cooperation Agreement and various friendship, commerce and navigation treaties with Russia.
Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel Urquhart & Sullivan, LLP is best known for for its 'solid reputation' in the field of international arbitration and disputes arising under contracts and bilateral or multilateral investment treaties. Its disputes team, led by Stephen Jagusch QC, has extensive experience in investment treaty arbitration under ICSID and UNICITRAL rules, particularly those involving the oil and gas, mining, energy, telecoms, construction and infrastructure sectors. Jagusch is 'one of the preeminent lawyers in public international law' and a highly experienced counsel and advocate who has acted for sovereign states and multinational corporations in all of the major arbitral forums. Anthony Sinclair specialises in investment treaty arbitration and disputes involving the Energy Charter Treaty. Epaminontas Triantafilou and Alex Gerbi are other key partners.
Principaux clients
State of Ukraine
Samax Resources Ltd and Geita Gold Mine Ltd
AngloGold Ashanti
SECE İnşaat ve Ticaret A.Ş.
Principaux dossiers
- Represented a Lebanese businessman and his Lebanese aviation company Imperial Holding in an ICSID investment treaty arbitration against the Lebanese Republic. The client contended that Lebanon drove his business out of the market through a series of unlawful measures that resulted in the revocation of his business’s air operator licenses.
- Representing Ukraine in an UNCITRAL arbitration initiated by a Russian investor over the state’s alleged unlawful takeover of his investment in a confectionery business, which is being brought under the Ukraine-Russia BIT.
- Acting for a leading mining company in an international commercial arbitration against the government of Tanzania seeking a settlement value worth over $1bn; the dispute concerns the impact of new laws introduced by the government to regulate the mining sector.
- Acting for Sece, a Turkish construction company in its claim for compensation under the Turkey-Turkmenistan Bilateral Investment Treaty, in a dispute arising from the expulsion of the company from the country shortly after the election of the current President; the dispute also involves allegations that the client’s principals were subjected to undue pressure.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Skadden, Arps, Slate, Meagher & Flom (UK) LLP's combined expertise in contentious and non-contentious international law makes it a popular choice for sovereign states and private entities alike for representation in major investment treaty arbitration, especially under ICSID rules, as well as for advice on treaty interpretations, state succession, international economic sanctions and human rights issues. The practice is jointly headed by David Kavanagh, who is 'a distinguished figure in international arbitration', and Karyl Nairn, who is a specialist in private and public international law. David Herlihy, Bruce Macaulay, Daniel Gal and Nick Lawn make up the other key practitioners in the 'outstanding and dedicated team'.
Principaux clients
Republic of Cyprus
Vodafone
The Republic of South Sudan
NextEra (Dutch affiliate of Florida Light & Power Company)
Principaux dossiers
- Successfully represented Cyprus in its defence of a high-profile ICSID claim commenced by Marfin Investment Group and a group of 18 other Greek shareholders in Cyprus Popular Bank (also known as Laiki Bank) pursuant to the Cyprus-Greece BIT.
- Advising the government of South Sudan on various international law issues arising from its secession from Sudan and following our successful defence of South Sudan in the billion-dollar ICSID arbitration proceedings brought by Sudapet, the national oil company of the Republic of Sudan.
- Representing separate Vodafone companies in two major investment treaty disputes against the government of India. Vodafone has been engaged in a dispute since 2007, when it bought the assets of its Indian partner Hutchison Whampoa for $11.1bn; the government of India has claimed $6bn in tax on the transaction, including late payment penalties and interest.
Three Crowns LLP
Focusing exclusively on dispute resolution, Three Crowns LLP fields 'a very strong team with unparalleled expertise' in international arbitration and public international law. It further expanded its offering through the hire of Reza Mohtashami QC from Freshfields Bruckhaus Deringer LLP in November 2018, adding complementary expertise in disputes arising in emerging markets and in the telecoms, energy and infrastructure sectors. The team regularly represents sovereign states, government-owned entities, commercial clients and private entities, both as claimants and respondents, in all major commercial arbitration rules such as ICSID, ICC and UNCITRAL. Constantine Partasides QC's recent mandates include acting as leading counsel for sovereigns in ICSID disputes, and also acing for clients in investment treaty claims against sovereigns and state entities in Venezuela, Vietnam and the Republic of South Korea. Also of note are Gaëtan Verhoosel, who is 'a well-known figure' in investor-state arbitration, and recently promoted partner Manish Aggarwal.
Principaux clients
ConocoPhillips
Edgewater Exploration
ExxonMobil
HG Capital
Sultanate of Oman
Principaux dossiers
- Working with ExxonMobil to recommence arbitration proceedings against Venezuela. The arbitration arises out of an important investment-treaty arbitration, which has been through an annulment process.
- Defending the respondent state, the Sultanate of Oman, in an arbitration brought by a former contractor, Atilla Dogan. The dispute arises from a contract between Petroleum Development Oman, a company that Oman is a shareholder in, and which relates to the construction of an oil and gas pipeline.
- Representing Naturgy in a claim against the Republic of Colombia in relation to alleged expropriation of Naturgy’s subsidiary, Electricaribe.
- Acting for Elliot Associates in an investment claim brought under the UNCITRAL rules arising out of a major state corruption scandal.
- Acting for a consortium of six oil and gas corporations (including Occidental, Repsol, CNPC/Sinopec and Petrobras), which indirectly own Ecuador’s only heavy crude oil pipeline, in a dispute against the government of Ecuador. The dispute concerns the government’s attempts to impose substantial tax liabilities on the consortium, in breach of investment agreements providing for legal and tax stability; and its threats to take control of the pipeline, which was constructed by the consortium at a cost of more than $1bn.
Arnold & Porter
Arnold & Porter has 'a very good reputation in the public international law sphere' where its advises on investment treaty arbitration under the ICSID Rules, UNCITRAL investment treaty arbitrations conducted under the auspices of the Permanent Court of Arbitration in The Hague, and other ad hoc arbitration rules. The practice continues to expand in personnel and client numbers; it was recently bolstered by the hire of Jane Wessel from Shepherd and Wedderburn and has received new instructions from the European Commission and Latin American clients. Dmitri Evseev's work focuses on acting for sovereign states in investor-state arbitrations under various bilateral investment treaties and the Energy Charter Treaty; Patricio Grané Labat leads on Latin American investor-state cases. David Reed is another name to note.
Principaux dossiers
- Representing the Czech Republic, as respondents, in eight separate investment-treaty arbitrations relating to the renewable energy sector.
- Representing Bulgaria, as respondent, in relation to a claim brought by an Omani sovereign wealth fund. The claim has been brought under the Bulgaria-Oman BIT and involves complex jurisdictional and merits issues, and relates to the collapse of Corpbank, one of the largest banks in Bulgaria.
- Acting for The Kingdom of Thailand in an UNCITRAL rules investment arbitration in relation to a mining dispute between Kingsgate Consolidated, an Australian mining company and Thailand under the Thailand-Australia Free Trade Agreement.
- Successfully represented Turkish energy company, Karkey, as claimant, against the Islamic Republic of Pakistan, relating to Pakistan’s violation of its obligations under an investment treaty in relation to a rental power project in Pakistan.
- Assisting the European Commission in preparing a US amicus brief pursuant to US enforcement proceedings arising from arbitration awards against Spain in several matters. The brief relates to the European Court of Justice’s landmark ruling in Achmea in which the Court found an arbitration clause in an international investment agreement between two European Union member states incompatible with EU law.
Baker Botts (UK) LLP
Baker Botts (UK) LLP has significant investor-state arbitration expertise, particularly under ICSID rules as well as UNCITRAL investment-treaty arbitration. The London team is also able leverage complementary expertise in international financial sanctions from the firm's US and Brussels teams. Its caseload spans a wide variety of industry sectors, particularly oil and gas, telecoms and banking. Chris Caulfield has considerable experience in the field of economic sanctions and export control. Alejandro Escobar is a 'superb lawyer' for highly complex and substantial investment treaty arbitration.
Les références
‘The team at Baker Botts is proactive, knowledgeable and supportive. It is particularly highly rated for its specialist knowledge of international law and sanctions, particularly within the oil and gas sector‘.
‘Alejando Escobar is dedicated and client friendly‘.
Boies Schiller Flexner (UK) LLP
Boies Schiller Flexner (UK) LLP's team of 'first-rate dispute resolution lawyers' has 'a wealth of experience' in investor-state claims and sanctions, while also advising on the non-contentious core issues of public international law, including maritime and land boundary disputes; Law of the Sea issues; state succession; state responsibility; treaty interpretation and human rights law. Dominic Roughton, who is 'an excellent lawyer with sound judgement', has significant investment treaty expertise. Other key figures include investor-state experts Kenneth Beale and Natasha Harrison.
Les références
‘The firm has some first-rate litigation and arbitration lawyers. They provide excellent case management and strategic input.’
‘Dominic Roughton is urbane, very good with clients and has good comparative knowledge of the law.
Principaux clients
Chevron
Vallex
Principaux dossiers
- Representing a private investor in a high-profile investor-state claim against the state of Montenegro under the Russia–Montenegro bilateral investment treaty, alleging that his investment in Montenegrin aluminium smelter, Kombinat Aluminijuma Podgorica was expropriated by Montenegro through a series of increasingly hostile measures.
- Acting before several international courts – including in England, Luxembourg, and Italy – to recognise and enforce a judgment from the United States District Court for the Southern District of New York against Iran and other Iranian State entities, on behalf of representatives and relatives of victims of the 9/11 terrorist attacks.
Carter-Ruck
Carter-Ruck's team is particularly experienced in relation to sanctions or restrictive measures imposed at UN, EU or domestic level, and often represents clients before the UN Ombudsperson, the European Court of Justice, and in domestic judicial reviews of administrative decisions relating to sanctions. Guy Martin 'is the one of the foremost legal experts on sanctions'; he is representing Saudi businessman and philanthropist Yassin Kadi in his longstanding battle to challenge sanctions imposed on him in October 2001. Other key clients include governments, heads of state and leading political figures, commercial entities, charities and high-profile private clients.
Les références
‘Peerless in international sanctions work, with a combination of huge experience and excellent client care‘
‘Guy Martin leaves no stone unturned; his combination of legal knowledge, political savviness and client care is second to none.’
Principaux clients
Al Jazeera Media Network
The State of Qatar
Sheikh Yassin Abdullah Kadi
Qatar Supreme Committee for Delivery and Legacy
Hosni Mubarak (former Egyptian President) and his wife
Mrs Suha Arafat (widow of the late Palestinian leader Yasser Arafat)
Principaux dossiers
- Representing the Al-Jazeera Media Network in ICSID arbitration against Egypt pursuant to a BIT, in connection with the loss of the network’s substantial investment in Egypt as a result of the Egyptian government’s campaign against it during and following the military coup of July 2013.
Clyde & Co
Clyde & Co LLP advises on both the contentious and non-contentious facets of public international law ranging from investor-state arbitrations and territorial boundary disputes to economic sanctions and diplomatic immunity. It also has extensive experience dealing with highly sensitive cross-border disputes for claimants and respondents within emerging markets. John Whittaker leads on investment disputes, sovereign immunity and sanction matters, particularly in cases involving sanctions in Iran and Syria. Co-chair of the global arbitration group Ben Knowles has 'a very good grasp of the core issues in public international law'.
Les références
‘John Whittaker has great experience and provides thoughtful and helpful contributions to development of a case theory.’
Principaux clients
The Republic of Sri Lanka
Principaux dossiers
- Acting for a sovereign government in a civil dispute between the government and rival government rebels.
- Acting for a sovereign government in ICSID proceedings against a Chinese contractor.
- Advising a state on a breach of investment law and licence in relation to the Yemeni telecoms sector.
DLA Piper
DLA Piper's investment arbitration practice continues be highly sought after to act as counsel for sovereign clients and private entities in investor-state and ICSID arbitration proceedings. The practice has a notable presence in emerging markets in Latin America and Africa and also advises on international financial sanctions; territorial boundary disputes; trade and investment negotiations; and on the Laws of the Sea under the International Tribunal for the Law of the Sea treaty. Kate Cervantes-Knox, Janet Legrand QC and Scott Horton are highly regarded.
Les références
‘Very capable and well-organised team, with strengths in investment arbitration and a very good presence in Africa.’
‘The team has a good grasp of the ‘pure’ public international law aspects in the investment arbitration space. Recommended in the strongest terms for both inter-state cases and investment arbitration. The team may be more cost-effective than the top firms in investment arbitration, but will offer as much in terms of quality.’
‘Kate Cervantes-Knox and of counsel Ben Sanderson are excellent at running international arbitrations that involve large teams of lawyers based in different countries. Kate is a first-rate lawyer with a problem-solving disposition.’
‘DLA Piper’s arbitration team is very collegiate, and extremely pleasant to work with.‘
Principaux clients
Republic of Kenya
Kyrgyz Republic
Democratic Republic of Timor-Leste
Thailand
Turkcell
Principaux dossiers
- Represented the Democratic Republic of Timor-Leste in a series of public international law disputes including acting in the compulsory conciliation proceedings commenced by Timor-Leste against Australia under the United Nations Convention on the Law of the Sea for the purposes of securing an agreement on the delimitation of the maritime boundaries between the two countries.
- Successfully defended the Republic of Kenya in an ICSID claim with an estimated value of $2bn brought by mining investor, Cortec.
- Acting in a very substantial claim against a South American state under a bilateral investment treaty concerning the expropriation and unfair and inequitable treatment of the client’s well-established business interests in that state, and its effective expulsion from the country.
Eversheds Sutherland (International) LLP
Eversheds Sutherland (International) LLP's investor-state arbitration practice continues to be highly sought after by states in the most significant disputes. It is acting for the state of Libya in its defence of three separate and unrelated arbitrations, brought in the aftermath of the Arab Spring. The group also draws upon its network of international offices to advise on treaty obligations and interpretation, the status of foreign governments, state immunity, and international human rights claims. Jonathan Leach advises multinational corporates on non-contentious and contentious matters arising from their investments into and trade with emerging markets. Other key figures to note include Mark Howarth, who is representing the Islamic Republic of Iran in a long-running dispute with the USA, before the Iran-US Claims Tribunal; Greg Falkof, and senior associates Cameron Forsaith and Ahmed Abdel-Hakam.
Principaux clients
Royal Dutch Shell plc
Kingdom of Cambodia
Republic of India
Republic of Slovenia
Republic of Peru
Principaux dossiers
- Representing the Islamic Republic of Iran in a long-running dispute with the US, in relation to contracted trade in excess of $20bn, and various international treaties agreed between the two states both prior to and following the Iranian Revolution in 1979. The claim is before the Iran-US Claims Tribunal in The Hague, established under the auspices of the Algiers Accords agreed between the two states in 1981.
Linklaters LLP
At Linklaters LLP, Matthew Weiniger QC leads 'a very talented team with vast amounts of experience' in advising clients on their substantive and procedural rights under investment treaties, as well as expertise in serving as lead counsel in bilateral investment treaties and other investment disputes across a variety of industry sectors, including telecoms, energy and utilities. The group is also able to draw on experts in trade law, WTO policy and regulations; state and diplomatic immunity; human rights law and corporate responsibility; and its sanctions team advises clients on contentious multi-jurisdictional issues, most recently in relation to sanctions frameworks aimed at Russia/Ukraine, Iran, Iraq, Syria and Libya. Lorand Bartels has extensive practical experience in trade law, especially free trade agreements.
Principaux clients
Bank of New York Mellon, London Branch
Principaux dossiers
- Representing the Bank of New York Mellon in the context of UK, Dutch and Belgian enforcement proceedings launched by Moldavian investors against the Republic of Kazakhstan and the National Bank of Kazakhstan, following the issuance of a circa $500m Energy Charter Treaty award by an arbitral tribunal seated in Stockholm.
Simmons & Simmons
Focusing on investment-state disputes, Simmons & Simmons continues to be actively involved in arbitration proceedings in the telecoms, financial services, energy and infrastructure sectors across Europe, the CIS, Asia and Africa. Stuart Dutson chairs the international arbitration group and has 'very good specialist knowledge of public international law'. Jayne Bentham specialises in international arbitration in the telecoms and energy sectors.
Les références
‘Simmons & Simmons has developed an exceptionally strong practice in the investor-state area. The firm has an extremely capable team of individuals and is developing a strong following in the market‘.
‘This is a well-known firm for dispute resolution whose public international law competences are increasingly apparent‘.
‘Stuart Dutson is superb and has a very good specialist knowledge of public international law and is definitely a star in the field (including treaty arbitration). His capacity for work is phenomenal and he has an unbeatable intellect.‘
Principaux clients
Government of the Republic of Indonesia
Sodexo Pass International SAS
Botas Petroleum Pipeline Corporation
Principaux dossiers
- Defending the Indonesian government in a bilateral treaty arbitration in excess of $500m brought by Indian Metals & Ferro Alloys Limited under the India-Indonesia BIT, in a dispute concerning an investment in a coal mining project in Kalimantan.
- Acting for Botas Petroleum Pipeline Corporation, a Turkish state-owned company in relation to attempts to enforce six ICC arbitrations of over $110m against assets it holds in Jersey. The awards arise from disputes relating to the construction of the Turkish section of the Baku-Tbilisi-Ceyhan pipeline.
Steptoe UK LLP
Steptoe and Johnson UK LLP has significant courtroom experience as counsel for investors, sovereign states and inter-governmental organisations in investor-state arbitration, disputes before the WTO Appellate Body and the International Tribunal for the Law of the Sea. The practice also has extensive experience with the jurisdictional immunities of sovereign states. Matthew Coleman is particularly experienced in investment arbitration concerning African, Eastern European and Caribbean cases, and is often supported by associate Thomas Innes.
Principaux clients
Medusa (Montenegro) Limited
Mission of Korea to the EU
Government of Canada
The UK Government
Government of Brazil
Coalition for Responsible Cybersecurity
Principaux dossiers
- Represented Medusa (Montenegro) Ltd in an arbitration brought against Montenegro pursuant to bilateral investment treaties and also domestic foreign investment laws in respect of claims arising out of an oil and gas concession in Montenegro that was terminated.
- Representing an Italian investor in an ongoing arbitration against Tanzania, in relation to the alleged expropriation of land belonging to the investors’ company by the Tanzanian government.
- Lead counsel to Barbadian investors in an ICSID arbitration against Venezuela resulting from the expropriation of circa $150m in assets.
- Defending the government of Brazil in a case brought by the European Union and Japan before the World Trade Organization, in which virtually all elements of its industrial policy were challenged by the complainants as discriminatory taxes or prohibited import-substitution subsidies.
Wilmer Cutler Pickering Hale and Dorr LLp
Wilmer Cutler Pickering Hale and Dorr LLP has significant experience of complex and politically sensitive disputes involving territorial boundaries and sovereignty over territory, particularly in the Middle East and Africa. The practice also regularly advises sovereign states on key issues of international law, including treaty accession, territorial boundaries, maritime delimitation, international criminal law and human rights. Gary Born chairs the the firm's sizeable international arbitration group and frequently leads counsel on state-to-state, investor-state, ICSID and ad hoc international arbitration tribunals. Steven Finizio is a name to note for public international law as it applies to small states.
Principaux clients
Media Legal Defence Initiative
Kurdistan Regional Government of Iraq
Asian Development Bank
Raiffeisen Bank International
Addiko Bank
Sberbank Europe
Federal Government of Somalia
Principaux dossiers
- Acted for the Asian Development Bank in advising and supporting the Papua New Guinea government on accession to the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”) and the drafting of new arbitration legislation.
- Acted for the applicant, Media Legal Defence Initiative, alongside the Hungarian Civil Liberties Union in obtaining a significant judgment from the European Court of Human Rights, which unanimously found a violation of the applicant’s right to freedom of expression.
Withers LLP
Withers LLP's public international law practice was strengthened by the arrivals of consultant Aniruddha Rajput, who is a member of the UN International Law Commission, and senior associate Robert Kovacs, who joined from Volterra Fietta and has broad experience in public international law, human rights and international arbitration. The practice advises sovereign governments, multinational companies and individuals on matters ranging from international investment law, human rights, sanctions, WTO law, maritime law and state immunities. Hussein Haeri is an experienced advocate in state-state and investor-state disputes and arbitrations under the auspices of the PCA, UNICTRAL and ICSID.
Principaux clients
The Government of the British Virgin Islands
The Center for Reproductive Rights
Scholz Holding
The Government of Jersey
Progas Energy Limited
Principaux dossiers
- Advising the government of the British Virgin Islands (BVI) on a legal challenge to the United Kingdom government imposing a public register of beneficial ownership of BVI companies through an Order in Council, a case concerning important issues pertaining to human rights and the BVI constitution.
- Advised the Center for Reproductive Rights in obtaining recommendations from the United Nations Committee on the Rights of the Child to decriminalise abortion in El Salvador.
- Representing Scholz, one of the largest metal recycling companies in the world, in an ICSID investment treaty arbitration against the Kingdom of Morocco involving issues of expropriation and discrimination concerning a ferrous metals recycling investment in Morocco.
Baker McKenzie
Baker McKenzie has significant experience acting for corporations and investors in disputes against states and state-owned entities in investment treaty arbitration under UNCITRAL and ICSID rules. The practice has a notable focus on disputes involving oil and gas, acting for oil majors, service providers, and sovereign states and entities. Edward Poulton focuses on investment-related arbitration and also advises on public international law issues arising from financial crises, regulatory changes or international instruments.
Les références
‘Edward Poulton is a high-quality, truly professional arbitration specialist, based in London and capable of handling all types of commercial and PIL disputes‘.
‘Edward Poulton – brilliant lawyer with a practical, business-oriented approach.‘
Principaux clients
United Nations Commissioner for Refugees (UNHCR)
KazTransGas
Scottish Government
Principaux dossiers
- Providing advice on refugee law issues to the United Nations Commissioner for Refugees intervening before the Court of Appeal in WA (Pakistan) v Secretary of State for the Home Department.
- Acting for Kazakh national gas operator, KazTransGas (KTG), in its dispute with the government of Georgia concerning the appointment of a special receiver over KTG’s Georgian subsidiary.
CMS
CMS' key strengths lie in investor-state arbitration and investment treaty arbitration. Karen Denny advises states on sovereign immunity and related matters including sovereign privileges and inviolability; Pieter Bekker chairs the firm's investment arbitration task force and has significant courtroom experience of investment treaty arbitrations acting on behalf of claimants and respondents; and Christopher Gooding represents states, state-owned companies and claimants in disputes which are at the interface between public and private international law.
Principaux clients
US Department of Justice
US Securities and Exchange Commission
Erste Group Bank
Government of St Vincent and the Grenadines
Principaux dossiers
- Acting for Erste Group Bank, Steiermaerkische Bank and Sparkassen in an investment dispute arising out of adverse legislative changes enacted by Croatia affecting existing debt instruments.
- Acting for the government of St Vincent and the Grenadines (SVG) in a dispute with the European Commission triggered by black-listing for alleged illegal, unreported and unregulated fishing activities by SVG-flagged vessels.
Curtis, Mallet-Prevost, Colt & Mosle LLP
Curtis, Mallet-Prevost, Colt & Mosle LLP's public international practice acts exclusively for sovereign clients in investor-state international arbitration and inter-state disputes. The team has a niche working with countries from emerging markets. On the non-contentious side, Charles LO Buderi is experienced in advising governments on sovereignty, treaty and diplomatic issues, as well as on other public international law matters.
Principaux clients
The government of the United Arab Emirates
Government of the State of Kuwait
Government India
Government of the Republic of Cyprus
Principaux dossiers
- Representing the United Arab Emirates in the appeal before the International Court of Justice of two International Civil Aviation Organization Council decisions under Article 84 of the Convention on International Civil Aviation and Article II, Section 2 of the 1944 International Air Services Transit Agreement (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v Qatar) and (Bahrain, Egypt and United Arab Emirates v. Qatar).
- Representing the United Arab Emirates in the first case brought against it before the International Court of Justice, under the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v United Arab Emirates).
- Representing the Republic of Cyprus in claims brought by investors concerning the resolution measures of its two largest banks adopted in early 2013.
- Representing the state of Kuwait in its first-ever ICSID arbitration brought against it, a $300m claim under the Italy-Kuwait and Spain-Kuwait BITs.
Dentons
Dentons leverages strong combined expertise from its network of international offices in investor-state arbitration, particularly under ICSID rules as well as in UNCITRAL proceedings, and also advises on broader public international law issues such as treaty interpretation, sovereign immunity, state succession, sanctions and human rights law. Liz Tout has particular expertise in disputes relating to energy and natural resources. Senior associate Catherine Gilfedder 'is a very strong practitioner in the field'.
Les références
‘Dentons has a growing public international law practice, and is increasingly taking on larger and more important briefs.’
‘Liz Tout is increasing her involvement in this area of law‘.
Principaux clients
GPF GP S.à.r.l
Government of the Lao People’s Democratic Republic
Principaux dossiers
- Acting for GPF GP S.à.r.l (“Griffin”), an investor, in its bilateral treaty claim against the People’s Republic of Poland under the Belgium-Luxembourg-European Union-Poland BIT. Acted for the investor in a successful s. 67 challenge in the English Courts to an award issued in the arbitration, which is believed to be the first set aside of an investor-state award by an English court under s.67.
- Defending the government of Lao in English High Court proceedings brought by Thai Lao Lignite Co. to enforce a Malaysian arbitral award and to freeze the government’s assets.
Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher acts for a mix of sovereign and corporate clients, including Yukos Capital amd Global Telecom, in investment treaty arbitration, particularly under ICSID auspices. Its team also works on high-profile pro bono initiatives, including on behalf of Nazanin Ratcliffe, who has been imprisoned by the Iranian Revolutionary Guard. Cyrus Benson, Jeffrey Sullivan and Penny Madden QC are all highly accomplished partners.
Principaux clients
Yukos Capital
Global Telecom Holding
Corral Morocco Holdings
Chevron
Principaux dossiers
- Successfully represented Yukos Capital at the jurisdictional stage in a $13bn Yukos Oil-related investment treaty case under the Energy Charter Treaty against the Russian Federation at the Peace Palace in The Hague in UNCITRAL arbitration proceedings.
- Act for 14 investors including, AES Corp, Impax Asset Management, Riverstone, HgCapital and others, in relation to their Energy Charter Treaty Claim against the Kingdom of Spain.
- Representing Corral in an ICSID arbitration against Morocco in relation to the unfair treatment of Corral’s multibillion-dollar investment in one of the largest oil refineries in Africa.
Jones Day
Jones Day has a strong track record in investor-state arbitration involving high-profile individuals, corporations, sovereigns and sovereign entities. International arbitration partner Baiju Vasani is also experienced in advising states on the negotiation and drafting of treaties and has worked with the government of Somalia to assist with its accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Lee Coffey, Sylvia Tonova and Tatiana Minaeva are other names to note.
Principaux clients
World Wide Minerals
Visor Group Federal Elektrik Yatirim ve Ticaret A.S
Kyrgyz Republic
Omega Engineering LLC
World Wide Minerals Ltd.
Principaux dossiers
- Represents 12 partners in a leading private equity firm in Kazakhstan in an ICSID arbitration against Uzbekistan relating to their expropriated investments in the Uzbek cement industry.
- Representing Federal Elektrik Yatirim ve Ticaret, a leading Turkish industrial company and three of its shareholders in an ICSID arbitration against Uzbekistan under the Energy Charter Treaty and the Turkey-Uzbekistan BIT.
- Representing World Wide Minerals, a Canadian company, in its $1.7bn claim against the Republic of Kazakhstan, arising out of the expropriation of its mining assets in the late 1990s.
- Advised the government of the Kyrgyz Republic in resisting enforcement by Entes (a Turkish construction company) in the US courts of a $16.6m UNCITRAL arbitration award arising from a road rehabilitation project, which Entes claims to be worth almost $2bn with interest.
King & Wood Mallesons
King & Wood Mallesons primarily focuses on investment arbitration, acting on behalf of investors and state governments under ICSID and UNCITRAL rules. Dorothy Murray has expertise working for clients from China, Russia and the CIS. Andrei Yakovlev splits his time between London and Dubai and focuses on acting for sovereign states, central banks, corporate and private clients in investor-state and commercial arbitration.
Principaux clients
Kyrgyz Republic
Government of Ukraine
Principaux dossiers
- Represented the government of Ukraine in an ICSID dispute brought by English property company, Krederi Limited, in relation to alleged rights relating to the development of a hotel, shopping centre and apartment complex in central Kiev.
- Acting for the Kyrgyz Republic in a London-seated UNCITRAL arbitration proceeding brought by Canadian miner Stans Energy Corp and Kyrgyz-based mining company Kutisay Mining, as the claimants, concerning the validity of the claimants’ mining licences to develop two rare earth elements deposits in Kyrgyzstan.
Peters & Peters Solicitors LLP
Peters & Peters Solicitors LLP has developed 'very good' expertise across the full range of economic sanctions issues, including challenging sanctions in court, defending clients accused of breaching sanctions and advising corporations on sanctions compliance. The practice also represents governments and investors in ICSID and other investor-state arbitral forums. Michael O’Kane leads the public international practice and has 'a superb reputation' acting for investors in challenging the decisions of states through arbitration, advising on EU sanctions and representing clients facing human rights violations. Nick Vamos is highly experienced in international criminal law, especially from the side of the prosecutor; Jasvinder Nakwal is a name to note for cases involving human rights violations.
Principaux clients
Hermitage Capital
MOL Hungarian Oil and Gas Company
Khadem Al Qubaisi
Former founders / board members of a leading Saudi Arabian construction company
Principaux dossiers
- Acted for MOL Group, a Hungarian national oil and gas company, in a bilateral investment treaty dispute with Croatia concerning a 2009 agreement with the management of the Croatian national oil and gas company, INA.
- Defending a private client who has been designated as the target of economic sanctions imposed by the European Union on account of their alleged involvement in the misappropriation of state assets in Egypt.
Reed Smith LLP
At Reed Smith LLP, Belinda Paisley heads the London team, which primarily handles investor-state matters. Chloe Carswell frequently supports Paisley in complex and high-value investment treaty arbitration under the rules of the ICC, ICSID and UNCITRAL. The duo also have significant asset tracing expertise, assisting states and private entities.
Stephenson Harwood
Stephenson Harwood combines 'second-to-none' expertise in international sanctions and enforcement issues with its work representing governments and state-owned companies in investment treaty and investor-state disputes. Department head Kamal Shah has strong experience in Africa and India-related arbitration. Sue Millar advises on a range of contentious and non-contentious issues arising in relation to the various Iranian, Libyan, Syrian and Russian sanctions regimes. Richard Garcia and senior associate Stephen Ashley are 'superb lawyers in the sanctions and public international law sphere'.
Les références
‘A terrific team involved in some of the most cutting-edge work in the public law arena. The level of service rivals the magic circle city firms, and expertise in this area is second-to-none.’
‘Stephen Ashley is always the first choice of instructing solicitor for any complex sanctions case‘.
Principaux clients
Nigerian National Petroleum Corporation
Petroleos de Venezuela
Arab Republic of Egypt
Libyan Investment Authority
Iran Aluminium Company
Bank Saderat Iran
Principaux dossiers
- Advised the National Nigerian Petroleum Corporation on a $400m+ arbitration enforcement action in England, which settled in early 2018.
- Acting for the Bolivarian Republic of Venezuela in a challenge to the enforcement of a $700m arbitration award obtained by Gold Reserve Inc., an international mining company, following the alleged expropriation of a very large gold mining concession in Venezuela.
- Acting for the UK High Commissioner for Pakistan, on behalf of the government of Pakistan, in connection with a dispute with India relating to the ownership of circa £35m of funds deposited in 1948. The claims to the funds raise a broad range of legal issues, including state immunity, non-justiciability/act of state, illegality, trusts and limitation.
- Advising the Arab Republic of Egypt on the tracing and recovery of assets misappropriated by former President Hosni Mubarak, his family and his associates.
- Successfully represented Bank Saderat Iran, Persia International Bank plc and National Iranian Tanker Company in challenges to sanctions brought against the Council of the EU before the General Court. Continue to advise the the British-Iranian banks on their reintegration into the international banking system and various significant issues remaining in light of the residual effect of current and former US sanctions.
White & Case LLP
White & Case LLP is able to draw on its network of international offices to bolster its public international law expertise; it has extensive experienced in investor-state arbitration cases in the Americas, Russia and the CIS. David Goldberg divides his time between the London and Moscow offices and specialises in international commercial and investment arbitration in the CIS region. Andrea Menaker transferred from the Washington DC office to jointly head the investment arbitration practice and is praised for her 'impressive legal knowledge of the specific issues arising in investor-state arbitration proceedings.'
Les références
‘The White & Case investment treaty arbitration practice is world class, and can be relied upon to deal with the most complex and heavy-hitting of cases.’
‘White & Case has a very broad knowledge and experience in the field, which allows them to promptly deal with complicated matters.‘
‘David Goldberg has an impressive wealth of experience and strategic instincts which make him an obvious choice for complex, CIS-related arbitration disputes, both commercial and investment treaty alike.’
Principaux dossiers
- Representing the Russian Federation in its resistance of enforcement in the UK, USA and Germany, against ongoing claims put forward by ex-majority shareholders in Yukos seeking to recover in excess of $50bn from the state on the basis of arbitral awards issued at the PCA in Holland.
- Representing the Republic of Uzbekistan in an ICSID arbitration brought by one corporate claimant and three individuals under the Turkey-Uzbekistan BIT and the Energy Charter Treaty in connection with claims concerning alleged investments in the gas industry.
- Acting for Uzbekistan in an $800m ICSID arbitration under the Uzbekistan-Kazakhstan BIT concerning investments in two cement plants.
- Representing the Republic of Peru in $ 1.9bn UNCITRAL arbitration under the US-Peru Trade Promotion Agreement in connection with 1969-era agrarian bonds.