Our specialised arbitration counsel have considerable experience of representing a wide range of clients across a variety of sectors (including energy, mining, construction, technology, telecommunications, financial services, pharmaceuticals and many more) in complex, high value arbitrations.
Recent experience includes representing :
- Elf Neftegaz (a former subsidiary of Total) in the successful defense of a US$22 billion UNCITRAL arbitration brought by a private Russian company and by two Regions of the Russian Federation for the alleged damages for non-performance of an oil and gas exploration and production agreement;
- BP in winning a US$1.5 billion UNCITRAL arbitration against the Government of India relating to a production sharing contract;
- the Federal Republic of Germany in two ad-hoc arbitrations, with a total value of US$10 billion, relating to a truck toll system, giving rise to one of the largest arbitration matters in Germany’s history;
- Lebanese Broadcasting Corporation International, the leading television channel in Lebanon, in winning several ICC arbitrations and obtaining the dismissal of setting aside applications brought before the French courts in a dispute arising out of the termination of a broadcasting, production and services agreement;
- an oil and gas joint venture of multinational parties in Indonesia in a c.US$300 million ICC arbitration in Singapore over the gas price applicable to a gas offtake agreement, arising from a price increase imposed by the Minister of Energy and Mineral Resources, including administrative court proceedings and engagement with the relevant regulators and Ministries to achieve settlement.
We regularly represent both investors and states in significant arbitrations under bilateral and multilateral investment treaties. We also help our investor clients navigate complex legal, cultural and political landscapes to secure the best ongoing protection for their foreign investments, often providing risk mitigation advice before and during the life cycle of critical investments.
Recent experience includes representing:
- Spanish energy company Enagás in an ICSID arbitration (ICSID Case No. ARB/18/26) against Peru, and related arbitrations before the Lima Chamber of Commerce, relating to a US$500 million investment in a natural gas pipeline project ;
- HSBC in an ICSID arbitration (ICSID Case No. ARB/21/46) against El Salvador concerning a denial of justice claim for delayed and unfair local court proceedings brought in relation to default of payment of a loan to a local company;
- Abris Capital Partners and PL Holdings in a successful investment arbitration under the SCC Rules against the Republic of Poland concerning administrative decisions by the Polish Financial Supervisory Commission affecting our client’s investment in a local Polish bank;
- the Republic of Senegal in a US$100 million ICSID arbitration (ICSID Case No. ARB/14/19) brought by a French cement producer;
- the Dominican Republic in an ICSID arbitration (ICSID Case No. ARB(AF)/22/1) under the DR-CAFTA in a dispute concerning a cement production enterprise;
- the Islamic Republic of Pakistan on the annulment of a US$6 billion ICSID award rendered in favour of Tethyan Copper Company Limited, an Australian joint venture vehicle of Antofagasta PLC. The dispute arose out of a mining concession.
Our arbitration team regularly represents individuals, corporations, state and sovereign entities in local court proceedings all over the world before, during and after arbitrations. This includes helping clients obtaining court orders in support of arbitration, recognition, enforcement, and setting aside proceedings for both commercial and investment treaty awards, and tracing and seising assets to enforce against. This work often requires seamless co-ordination across multiple jurisdictions in parallel.
Recent experience includes representing:
- Bank of New York Mellon (BNYM), in parallel court proceedings in Belgium, the Netherlands, Luxembourg, Sweden and England, after BNYM froze the US$22 billion worth of assets of the National Fund of Kazakhstan, as a result of a third party garnishment order obtained by investors attempting to enforce an arbitral award against Kazakhstan;
- Chevron Corporation in multiple setting aside proceedings initiated by the Republic of Ecuador against arbitral awards rendered in investment arbitrations (including in the Lago Agrio arbitration, one of the most widely-known investment arbitrations worldwide) up to – regarding two separate proceedings – the level of the Dutch Supreme Court;
- Merck Sharp & Dohme in setting aside proceedings in the Netherlands filed by the Republic of Ecuador with respect to arbitral awards issued against Ecuador in an investment arbitration on the basis of the US-Ecuador BIT;
- A West African state in several setting aside proceedings before French courts concerning awards rendered in ICC and UNCITRAL arbitrations;
- Mauritius-based investors both in setting aside proceedings – up to the level of the Dutch Supreme Court – initiated by the Republic of India in relation to investment arbitration awards rendered on the basis of the Mauritius-India BIT, and in cross-border enforcement proceedings of a commercial arbitral award of over US$500 million related to a telecoms dispute;
- A major British oil and gas company in high-profile setting aside proceedings initiated by India in relation to a billion-dollar arbitral award rendered in investment arbitration proceedings seated in the Netherlands regarding a dispute over the imposition of retroactive taxes by the state. The Linklaters Arbitration Team also assisted in the successful settlement negotiations which led to a tax refund of over US$1 billion in favor of the investor.