International Arbitration

Transcription

1 International Arbitration Covington is widely recognized as one of the world s preeminent international arbitration practices. Building on a tradition of excellence in this field dating back to the 1920s, our practice today comprises over 50 international arbitration, public international law, and other dispute resolution practitioners handing commercial and investment disputes under the rules of every major arbitration system in the world. We handle matters under common law and civil law systems and in English, French, Spanish and other languages. Our lawyers are also regularly selected as chairs and party-appointed arbitrators in both commercial and investor-state arbitrations. Our experience, combined with Covington s renowned industry expertise in energy, mining, life sciences, defense, insurance, telecommunications, infrastructure, finance, and other sectors provides clients with an extraordinary advantage. Why Covington Strategy With Results. We are regularly called upon to serve as lead counsel in some of the world s most complex and high-profile arbitration matters. Over the past few years, we have obtained awards valued at over $3.3 billion and defeated claims worth hundreds of millions of dollars. What sets us apart is the application of thorough analysis and creative strategic thinking to difficult cases, attention to detail, and a commitment to practical, business-minded lawyering. Depth of Quality. Covington is known for its deep, highly skilled and unusually experienced bench of multilingual, multi-qualified lawyers. From top to bottom, we offer uniformly high quality. Inter-Disciplinary Expertise. Our case teams combine first-rate advocates, who are known for their stand up skills and credibility before tribunals, with leading lawyers in the substantive fields at issue and former high-ranking diplomats and trade specialists a reflection of our firm s breadth of expertise and our team-oriented culture.

2 What Others Say About Our Practice They have complete command of international commercial arbitration and investor-state arbitration and consistently give comprehensive, in-depth, sound advice. (Chambers Global 2014) One of the world s leading practices. (Global Arbitration Review s GAR ) The team is praised as thorough, convincing, sophisticated, and eloquent displays complete knowledge of the sector right across the board as effective on their feet as on paper. (The Legal 500 US 2013) The group operates well as an integrated team and demonstrates good commercial awareness. (Chambers Europe 2013) Sources particularly draw attention to the group s fulsome advice. (Chambers UK 2013) The team ranks at the highest level for client service and commercial awareness. (Chambers Latin America 2012) What Others Say About Our Individuals Stephen Bond: has a very practical approach to the most complex disputes, and always offers valuable insights into the world of international arbitration. (Chambers UK 2014); one of the finest arbitrators in England (Who's Who Legal). Mr. Bond served as Secretary General of the ICC International Court of Arbitration for six years and as a U.S. Member of the ICC International Court of Arbitration for five years. Marney Cheek: A Rising Star and one of four attorneys under 40 to watch in international trade matters and disputes (Law ). Ms. Cheek is Co-Chair of Covington s Arbitration practice group. Thomas Cubbage: As effective on [his] feet as on paper (The Legal ). Nicole Duclos: an established favourite with clients and local co-counsel alike; she s simply the best: meticulous, on top of everything, and with great knowledge of arbitration proceedings as well as the idiosyncrasies of Latin America (Legal 500 Latin America 2013). Jonathan Gimblett: Outstanding and deeply versed in a broad range of public international law. One of the finest advocates of his generation. (GAR 2012). 2

3 Gene Gulland: An outstanding strategist sees the angles and arguments before others do (The Legal ). Miguel López Forastier: thorough analysis, insightful and persuasive advocacy and consistently reliable judgment rapidly make his way to the top echelons of international arbitration lawyers. (The Legal ). Allan B. Moore: Recognized for International Commercial Arbitration (Best Lawyers in America 2014); one of 17 Leading Lawyers for international arbitration in the US and an international advocate of exceptional quality (The Legal ). Mr. Moore is Co-Chair of Covington s Arbitration practice group. David Pinsky: In a field that increasingly values the expertise of persons with multinational, multicultural experiences he definitely will become a star (GAR 2013) Jeremy Wilson: [D]efinitely one to watch (Chambers UK 2014) and a leading international commercial arbitration practitioner (Euromoney's Guide to the World's Leading Expert 2013); has an intuitive sense of what the client needs. He likes his clients, and his clients like him. He has real energy sector knowledge (GAR 2013). International Commercial Arbitrations Representation of an ExxonMobil subsidiary in an ICC arbitration against the Venezuelan state-owned oil company, PDVSA, resulting in a $908 million award for breach of contract. Representation of Kyocera Corporation, successfully obtaining a summary judgment dismissing over $150 million in damages claims and then successfully defending that award in a set-aside action in the US federal courts. Representation of New Skies in an ICC arbitration awarding relief of more than $150 million to our client for a defective communications satellite. Representation of Exxon Corporation in New York-seated arbitration and related judicial proceedings against its insurers for losses arising from the Valdez oil spill, resulting in a reported recovery of $780 million. Representation of Korea National Oil Corporation in an ICDR arbitration and ancillary federal court proceedings arising from a $1.2 billion acquisition of an oil and gas exploration and production company. Representation of Prime International Alliance Inc. in a shareholders dispute against its joint venture partner, Erin Resources S.A., concerning control over a multi-million dollar oil terminal in Russia, in which Erin alleges frustration and breach of a shareholders agreement as a consequence of the European Union imposing sanctions on Prime s beneficial owner. 3

4 Representation of A.P. Moeller-Maersk in a SCC arbitration concerning a licensing dispute for technology related to reduction of shipboard emissions. Representation of a joint venture of Newmont Mining and Sumitomo in an UNCITRAL arbitration against Indonesia relating to the government s attempt to terminate rights to copper and gold resources under a Contract of Work. Representation of a global consumer products company in connection with recognition and enforcement matters arising out of a favorable ICC award issued in the United States, a related US confirmation ruling, and conflicting judicial proceedings in Brazil brought by joint venture partners who are dissatisfied with the ICC arbitration award. Representation of two entities within a multinational oil and gas group in a dispute against a consultancy company relating to the unenforceability of a consultancy agreement. Stakes are in excess of $100 million. Representation of a major European shipbuilder in successfully defeating claims brought in an ICC arbitration in New York by a US engine supplier for alleged breaches of contract and intellectual property rights relating to stealth-enabled engine technology for warships. Representation of Rockwell Automation on the harmonization of arbitration and other dispute resolution practices and policies in over 40 national markets worldwide. Representation of a leading US railroad in a London arbitration against an insurer for liabilities arising from a major train derailment and lethal chemical release, resulting in a highly favorable settlement. Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client. Representation of the same Caribbean-based international beverage company in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA. Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding $150 million. Representation of a Lithuanian petrochemicals company in a pending LCIA arbitration against a US contractor, in a dispute arising out of alleged breaches of a project management agreement. Representation of a Bermuda company in a pending LCIA arbitration against a Russian investment firm arising out of investment brokerage arrangements. Representation of a leading Mexican land development company against a large US resort developer in an ICC arbitration involving claims for breach of contract. Representation of a US mining company in an ICC arbitration against a Dutch company arising out of a contractual dispute involving an investment in Peru. Representation of a major European oil & gas company in connection with a dispute with a Latin American independent over a joint operating agreement relating to development of a natural gas field in Bolivia. 4

5 Representation of a major European oil & gas company in a pending ICDR arbitration with a Brazilian oil & gas major relating to crude transportation agreements in the Andean region. Representation of a European gas utility company in an ICC arbitration valued over $2 billion against a North African state-owned oil company relating to a complex contract price revision dispute. Representation of an international petroleum company in two UNCITRAL arbitrations, valued at approximately $2 billion arising under multiple contracts concluded with a North African state-owned oil company in relation to the exploitation of a crude oil field. Representation of a Japanese industrial conglomerate in an AAA arbitration under Brazilian law relating to alleged breaches of a share purchase agreement. Representation of the owner of a major oil refinery in Texas in an ad hoc commercial arbitration against an offshore property insurer, seeking insurance coverage for an $82 million loss sustained as a result of a criminal wire fraud conspiracy relating to shipping contracts for the transport of crude oil from South America to the US. Representation of US and Asian independent oil & gas companies in a $100 million ICDR arbitration in New York arising out of alleged breaches of a crude oil transportation agreement. Representation of a European oil & gas major in an ICC arbitration under English law arising out of a field services agreement relating to operations in the Middle East. Representation of Merck in ad hoc London arbitrations against various insurers that produced a disclosed recovery of approximately $590 million, plus $45 million in fees and interest, for prescription drug liabilities reportedly the third-largest commercial award in Europe of any kind during the last 5 years. Representation of Petrotrin, the state-owned integrated oil and gas company of the Republic of Trinidad and Tobago, in a dispute arising out of a project with World GTL Inc. and its subsidiary, World GTL of St. Lucia Ltd. (together "WGTL"), to construct a gas-to-liquids plant for the processing of natural gas in the Republic of Trinidad and Tobago. Representation of a Korean steel company in an ICC arbitration against a Dutch international welding and cutting company. Representation of a Russian electricity trading and holding company that operates one of the largest power stations in southeast Europe in an ICC arbitration brought by three Moldovan electricity distributors. Representation of the oil trading affiliate of a major international oil and gas company in a multiparty arbitration (seated in Stockholm and under the UNCITRAL Rules) concerning the component variables of a complex quality bank calculation. Representation of a Brazilian utility in parallel ICC arbitrations under Brazilian law relating to the construction of a combined cycle thermoelectric power plant. Representation of a Brazilian corporation in a dispute against a French fund arising from two contracts for the sale and purchase of carbon emissions. The dispute was settled on favorable terms for the client. 5

6 Representation of the Peruvian subsidiary of China s largest nonferrous metals company in an ICC arbitration against a Chinese supplier of equipment for a copper project in Peru. (Pending) Representation of the Chilean subsidiary of a Canadian mining company in an ICDR arbitration against an EPC contractor in connection with a mining project in South America. (Pending) Representation of an Israeli inventor in successfully establishing breaches of contract by a German engineering firm, and obtaining an award of costs and fees, in an ICC arbitration in London. Representation of a New York hedge fund in an arbitration sited in New York brought by an investment research and advisory firm arising out of a dispute over fees relating to an investment by a large European pension fund administrator. Representation of an international oil & gas company (listed in the Fortune 200) in claims against Bermuda and London-based liability insurers, for damages and defense costs arising from an overseas gas pipeline explosion. The claimed liabilities exceed $450 million, and the applicable policy limits total $300 million. The arbitration proceedings will be ad hoc. Representation of an Indian industrial conglomerate in LCIA and ad hoc arbitral proceedings under English and Indian law relating to alleged breaches of a shareholders and share purchase agreement. Representation of a European gas utility company in two major price review arbitrations under the UNCITRAL rules relating to three long-term LNG contracts with a sum in dispute of approximately $3 billion. Representation of a European natural gas utilities company in a Geneva-seated ICC arbitration under Spanish law adverse to a European multinational oil and gas company in a dispute arising out of a shareholders agreement regarding a gas joint venture. The value is expected to be in excess of $1 billion. Representation of a state owned oil company in a potential LCIA arbitration under a long-term contract for the supply of crude oil to another state owned oil company, in relation to potential unpaid amounts in excess of $16 billion. Representation of a major European gas purchaser in an UNCITRAL price review arbitration with a value in excess of $800 million. Representation of a major European gas purchaser in an UNCITRAL price review arbitration with a value in excess of $1.5 billion. Representation of a major European gas purchaser in an UNCITRAL price review arbitration with a value in excess of $3.7 billion. Representation of an international oil and gas drilling services company in a $100 million arbitration against a state owned oil company concerning the early termination of a drilling contract for a high performance drilling rig. Representation of an investment company in four LCIA arbitrations in relation to some of the first oil concessions in post-war Iraq valued in excess of $140 million. Representation of an oil exploration company in relation to the revocation of a concession agreement for a major oil field in Ukraine following government intervention. 6

7 Representation of a Nigerian investment company in an ICC arbitration seated in Paris against a West African Government in relation to oil and gas exploration rights valued in excess of $1.5 billion. Representation of a state-owned North-African exporter in an ICC arbitration in Paris under French law. Advice to an international oil company on a price review with a European energy company under a long-term gas sales agreement governed by Norwegian law. Investor-State Arbitrations Representation of ExxonMobil subsidiaries in an ICSID arbitration against Venezuela seeking full compensation under the Netherlands-Venezuela bilateral investment treaty and international law for the expropriation of their investments in Venezuela. In October 2014, we secured over $2 billion in compensation and interest against the Republic of Venezuela, one of the largest awards ever obtained against a sovereign state. Representation of Eli Lilly and Company in an international arbitration against Canada under Chapter 11 of the North American Free Trade Agreement. Lilly seeks $500 million in compensation for the expropriation of its patent rights under Canada s unique promise utility doctrine and other treaty violations. Representation of Spanish Investors in Yukos Oil Company, in a Stockholm chamber of commerce arbitration against Russia, relating to its seizure of Yukos, one of the world s largest oil & gas companies. The tribunal issued an award in favor of our clients that valued Yukos at more than $60 billion at the time the company was nationalized. Representation of Amoco (now BP America) against the Islamic Republic of Iran before the Iran-US Claims Tribunal. We obtained an award of over $850 million, one of the largest awards ever rendered by that tribunal and one of the largest arbitration awards ever fully paid by a respondent state. Representation of Occidental Petroleum and an affiliate in successfully obtaining the largest BIT/ICSID award rendered to date (approximately $2.3 billion, including interest) in an arbitration against Ecuador for breaches of the US-Ecuador bilateral investment treaty and a production sharing agreement. Representation of MTD, a Malaysian construction and development company and its subsidiary in an ICSID arbitration against Chile concerning claims for breach of the bilateral investment treaty between Malaysia and Chile, resulting in an award for the claimants that was sustained in annulment proceedings. Representation of the Kingdom of Jordan in securing dismissal of ICSID denial of justice claims brought by a Turkish contractor relating to the collapse of a dike in the Dead Sea. In its award, the tribunal went on to state that, even if there had been jurisdiction, it was unconvinced by claimant s denial of justice claim. Representation of a major US insurance company in respect of potential claims against the Argentine Republic under the US-Argentina bilateral investment treaty (settled). Representation of subsidiaries of Emmis Communications and Marquard Group in a pending ICSID arbitration arising out of the expropriation of their investments in nationwide FM-frequency radio-broadcasting licenses in Hungary. 7

8 Representation of Accession Mezzanine Capital and related subsidiaries in a pending ICSID arbitration arising out of the expropriation of their investments in nationwide FMfrequency radio-broadcasting licenses in Hungary. Representation of Hess and Tullow affiliates in a pending ICSID Additional Facility conciliation proceeding against Equatorial Guinea arising out of tax measures that the claimants allege to be in breach of a contract between the parties. Representation of a Perenco affiliate as co-counsel in a pending ICSID arbitration relating to alleged breaches of a bilateral investment treaty and several productionsharing agreements, with claims valued in the hundreds of millions of dollars. Representation of Tidewater, a leading provider of maritime support services to the energy industry, and its subsidiaries in a pending ICSID arbitration against Venezuela arising out of the expropriation of 15 vessels and other investments in Venezuela. Representation of US energy companies, which were then subsidiaries of E.ON, in an ICSID arbitration against Argentina arising out of measures taken by the government against the claimants investments in gas-distribution companies in Argentina, resulting in an award for damages (annulment proceedings pending). Representation of Newmont Mining in related ICSID and Stockholm Chamber arbitrations against Uzbekistan concerning termination of rights to exploit mineral resources. Representation of Metal-Tech, a metals refining company, in an ICSID arbitration against Uzbekistan arising out of the failure of a joint venture with state-owned enterprises. Representation of Eritrea in its boundary dispute with Ethiopia, in a Permanent Court of Arbitration (PCA) proceeding conducted pursuant to the 2000 peace agreement that brought an end to the armed hostilities between Eritrea and Ethiopia. Representation of a major Canadian mining company and its South American subsidiaries in connection with a tax claim and potential bilateral investment treaty claims against Peru. Representation of a major US financial institution in claims against Argentina under the US-Argentina bilateral investment treaty. Representation of a Cypriot company and two Russian nationals in a pending UNCITRAL arbitration against India under the Russian and Cypriot bilateral investment treaties in connection with the allocation of 2G mobile telephone licenses. Representation of a major wind turbine manufacturer in a pending UNCITRAL arbitration under a bilateral investment treaty in connection with a wind farm in a Middle Eastern state and related litigation over bank guarantees in the Spanish courts. Representation of a major US mining conglomerate in connection with an ICSID arbitration brought by a French mining company against Peru. Representation of another US mining company in an investment dispute with Peru. Representation of an Argentine oil conglomerate in respect of a tax dispute with Ecuador giving rise to potential claims under the Argentina-Ecuador bilateral investment treaty. 8

9 Representation of an industrial conglomerate in an investment treaty arbitration against a Balkan state in the Permanent Court of Arbitration at the Hague (under the UNCITRAL Rules). Representation of a subsidiary of a UK water services company in an UNCITRAL arbitration commenced by the water and sewage agency of a Central American State relating to the administrative cancellation of a concession for the design, construction, operation and maintenance of a drinking water plant. Representation of several state and multilateral agencies in a dispute against a South American state arising from the indirect expropriation of the collateral securing the financing of the construction of a new airport. Representation of a Canadian electricity company in a dispute against a Caribbean state for the expropriation of an electricity transmission business. Representation of a Scandinavian forest industry group in connection with its rights under a bilateral investment treaty with a Latin American state and related advice in connection with State-to-State proceedings in the International Court of Justice. Representation of a Norwegian transportation company in an ICSID arbitration against the Republic of Lithuania under a bilateral investment treaty relating to a concession and infrastructure development agreement. Representation of a Mexican engineering company in an ICSID arbitration against a Latin American state relating to the unilateral termination of a concession and infrastructure development agreement. Representation of a US oil & gas independent in an ad hoc arbitration against a Latin American state under a bilateral investment treaty and UNCITRAL rules relating to the denial of VAT refunds, and related proceedings in the English courts in defense of the $75 million award in favor of the client. Representation of an Israeli owner of two metals-trading enterprises in the Czech Republic in an ICSID arbitration arising out of various measures taken against the enterprises by the Czech government. Representation of a Latin American food conglomerate in an investment dispute with a South American country. The amount at stake is approximately $500 million. The dispute concerns the expropriation of the company s investments in the host country. Representation of an Israeli businessman in a dispute with the Government of Georgia related to an investment arbitration matter and resulting ICSID award. Representation of several claimants in an UNCITRAL arbitration relating to alleged violations of the SADC Investment Protocol and international law by The Kingdom of Lesotho. Advice to a Swiss mining company in relation to three potential LCIA arbitrations concerning two sale and purchase agreements and one guarantee, governing gold mining interests in the Russian Federation, seated in London. Advice to a major oil and gas company in relation to a dispute with the government of Syria relating to governmental consents for the building of gas production and transmission facilities. 9

10 If you have any questions about Covington s International Arbitration practice, please contact any of the following: Steve Bond sbond@cov.com Marney Cheek mcheek@cov.com TL Cubbage tcubbage@cov.com Nicole Duclos nduclos@cov.com Jonathan Gimblett jgimblett@cov.com Eugene Gulland egulland@cov.com Miguel López Forastier mlopezforastier@cov.com Allan Moore abmoore@cov.com David Pinsky dpinsky@cov.com Jeremy Wilson jwilson@cov.com 2015 Covington & Burling LLP. All rights reserved. 10