Henry Burnett (Harry)

Transcription

1 Henry Burnett (Harry) Partner Trial and Global Disputes / International Arbitration and Litigation New York: Mobile: hburnett@kslaw.com Harry Burnett focuses on international commercial and investor-state arbitration matters, along with general domestic and international litigation. A partner in our International Arbitration practice, Harry represents clients in a broad array of international disputes and frequently serves as an arbitrator in international disputes. With more than 25 years of litigation and arbitration experience, he represents clients in arbitration of international commercial disputes under rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), JAMS International and the CPR International Institute for Conflict Prevention & Resolution, and in investor-state arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the ICSID Additional Facility, the UN Commission on International Trade Law (UNCITRAL) and the ICC related to claims under bilateral investment treaties, the Energy Charter Treaty, multilateral investment instruments and local investment laws. In addition, Harry frequently serves as a mediator as well as arbitrator in international disputes, whether as sole arbitrator, party-appointed arbitrator or chair. Harry has been ranked in both Chambers Global and Chambers USA, as well as in Chambers Latin America for International Arbitration and Legal 500 Latin America. He has also been recognized by The International Who s Who of Oil & Gas Lawyers and The International Who s Who of Energy Lawyers. A frequent speaker and author, Harry is fluent in English, Spanish and Portuguese. Matters Representing claimant South American Silver Ltd. in a UNCITRAL arbitration brought under the UK-Bolivia bilateral investment treaty. The dispute concerns a silver, indium and gallium mining project. Representing claimant The Renco Group in a UNCITRAL Arbitration against Peru brought under 1 1

2 the U.S.-Peru Trade Promotion Agreement. The dispute concerns a copper mining project and polymetallic smelting operation. Representing claimant Bear Creek Mining Company in an ICSID arbitration against Peru in the first case brought under the Canada-Peru Free Trade Agreement. The dispute concerns a silver mining project. Representing a Asian mining company in a potential investor-state arbitration against a Latin American state concerning a large iron ore mining project. Representing a state-owned entity in a multibillion dollar ICC arbitration in a construction dispute relating to expansion of an oil refinery. Representing a Latin American pharmaceutical company in an ICC arbitration related to claims arising out of the sale of the company to an international pharmaceutical company. Representing an international telecommunications provider in ICC arbitration involving breach of contract and fraud claims concerning a master services IT agreement. Representation of an international telecommunications provider in ad hoc arbitration under the UNCITRAL Arbitration Rules concerning breach of contract claims and counterclaims for monies allegedly owed for termination of international call traffic. Representation of an Argentine client in ICDR arbitration against South American gas distribution company. Representation of an international hospitality company in international disputes related to hotel properties in Mexico, Chile, Brazil, Korea and Guam. Representation of Khan Resources Inc. in the jurisdictional phase of an Energy Charter Treaty arbitration (including contract and investment law claims) against Mongolia concerning a Uranium mining project. Representation of an Asian electronics company in ICC arbitration against another Asian electronics company in dispute related to patent license agreement. Representation of a multilateral, quasi-governmental entity in ad hoc arbitration under UNCITRAL Rules in a dispute with an Asian supplier. Representation of a Brazilian product manufacturer against U.S. distributor in ICDR arbitration. Representation of a Brazilian product manufacturer against U.S. joint-venture party in arbitration under the JAMS International Arbitration Rules. Obtained arbitral award for a Brazilian product distributor in international arbitration (ICDR) after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues. Successfully represented a Brazilian claimant in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil. Obtained dismissal on jurisdictional grounds of an ICC arbitration commenced against client, an Eastern European governmental entity, seeking over $40 million in damages for breach of contract and related claims

3 Representation of an Eastern European government in parallel proceedings before two international arbitral institutions. Obtained separate arbitral awards against telecommunications companies in two West Africa countries on behalf of an international voice and data communications company in ad hoc arbitrations under the UNCITRAL Rules. Representation of an international voice and data communications company in two separate ICDR proceedings against South American telecommunications companies; obtained favorable settlements for client. Successfully defeated anti-suit injunction action brought against client, a South American corporation, seeking to enjoin the client from proceeding with an action in South America. President of arbitral tribunal in an ICC arbitration involving breach of contract and related claims between two Caribbean-based companies and their North American joint venture partner. President of arbitral tribunal in between an ICC arbitration between Asian manufacturer of digital devices against North American reseller seeking amounts allegedly owed under supplier agreement. Co-arbitrator in multiparty dispute under the ICDR Rules concerning claims to respective interests in an online gaming business. Co-arbitrator in dispute between a South American party and an Australian party under the ICDR Rules related to breach of contract and related claims concerning shipments of coal. Sole arbitrator in arbitration under the AAA Commercial Rules between a South American company and a North American company concerning breach of contract and related claims arising out of joint venture for the purchase and sale of pig iron. Sole arbitrator in ICC arbitration between Asian manufacturer of office supplies and North American purchaser involving claims for breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment. Sole arbitrator in ICDR arbitration between a South American company and a North American company concerning breach of contract and related claims for failure to procure multiple performances in South America by internationally renowned recording artist. Mediator in a real estate dispute between North American- and Caribbean-based company. Credentials EDUCATION J.D., Vanderbilt University B.A. Philosophy, Government, University of Notre Dame ADMISSIONS Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Northern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Western District of New York U.S. District Court for the District of New Jersey 3 3

4 U.S. District Court for the Northern District of Illinois U.S. District Court for the Western District of Oklahoma U.S. District Court for the District of Columbia Illinois New Jersey New York ASSOCIATIONS Approved Leading Private Practitioner in Arbitration Latin American Corporate Counsel Association Director, Brazilian-American Chamber of Commerce, New York Visiting Professor, "Investor-State Arbitration", Vanderbilt Law School Recognition International Arbitration CHAMBERS GLOBAL "He is a tough negotiator and he helped us get a really great deal." CHAMBERS USA "He knows how to fight, how to analyze the case as a whole and how to go into detail." CHAMBERS LATIN AMERICA He has "invaluable expertise," "was really exceptional," and "really led the way..." CHAMBERS LATIN AMERICA "Henry Burnett has a long experience and good reputation in the region." LATIN LAWYER 250 The Legal 500 Latin America The International Who's Who of Oil & Gas Lawyers The International Who's Who of Energy Lawyers Insights CLIENT ALERT September 15, 2014 Malian Mining Sector Update: Mining Licenses Revocations and Mitigation Strategies November 15, 2013 American Arbitration Association Adopts Optional Appellate Arbitration Rules THOUGHT LEADERSHIP April 16, 2017 Source: Oxford University Press 4 4

5 Arbitration of International Mining Disputes Events CONFERENCE March 20, 2018 Protecting the Interests of Philippine Industry in a Globalizing World International Arbitration, Structuring Deals, and Risk Allocation SPEAKING ENGAGEMENT April 27, 2017 Harry Burnett, Craig Miles to Lead Program on Investment in Natural Resources: World and Regional Trends March 6, 2017 Harry Burnett, Wade Coriell, Craig Miles to Speak at Prospectors and Developers Association of Canada Conference News PRESS RELEASE March 8, 2018 Latin Lawyer 250 Recognizes King & Spalding Among the Region s Leading International Law Firms RECOGNITION May 3, 2018 Chambers USA 2018 Recognizes King & Spalding as a Preeminent U.S. Law Firm February 16, 2018 King & Spalding Earns Strong Results in Chambers Global 2018 Guide 5 5