International Arbitration: Latin America

Transcription

1 International Arbitration: Latin America

2 Contents Overview... 2 Investor State Arbitration... 2 International Commercial Arbitration... 3 Litigation in Aid of Arbitration... 4 Accolades

3 Overview Covington & Burling LLP has a diverse and long-established International Arbitration and Litigation practice concerning Latin America. It involves matters arising under international law, the laws of the United States and the laws of Latin American countries. It includes the representation of a wide variety of clients from different regions of the world. Our clients include leading companies in various industries including oil, gas, electricity, infrastructure, and mining. A number of the firm s lawyers are fully trained in both the civil law and common law traditions and are licensed to practice law in various jurisdictions of the United States and some Latin- American countries. Our team includes lawyers who are either native speakers or proficient in Spanish and Portuguese. In many of the cases we have handled, the proceedings have been either bilingual (English-Spanish) or conducted solely in Spanish. Members of our international arbitration practice are recognized by Chambers Global, Chambers Latin America, Chambers USA, Legal 500, Expert Guides Best of the Best USA, Expert Guides to the World s Leading Lawyers, Who s Who in Public International Law, The International Who s Who of Commercial Arbitration Lawyers, Who s Who Legal, Best Lawyers in America, Super Lawyers, and other similar publications as leaders in the field of international arbitration. In 2011 and 2013, Covington s international arbitration practice was selected by Global Arbitration Review as one of the top 30 practices worldwide. Investor State Arbitration Covington has become a leading player in investor-state arbitration. We have represented and advised companies of various nationalities in a variety of industries in cases brought under the rules of the International Centre for the Settlement of Investment Disputes (ICSID), the Arbitration Institute of the Stockholm Chamber of Commerce, and the UNCITRAL rules. Representative investor-state arbitration assignments involving Latin America include: Representation of subsidiaries of a major Mexican food manufacturer in an ICSID arbitration against the Bolivarian Republic of Venezuela relating to their investment in two Venezuelan companies affected by a series of measures, including an expropriation decree, adopted in breach of the investors rights under a bilateral investment treaty and other applicable law (pending). Representation of a leading U.S. maritime-support services company and its subsidiaries in an ICSID arbitration against the Bolivarian Republic of Venezuela arising out of the uncompensated expropriation of the claimants investments in Venezuela and breach of other investor s rights under a bilateral investment treaty and other applicable law (pending). Representation of subsidiaries of a major U.S. petroleum company in an ICSID arbitration against the Bolivarian Republic of Venezuela arising out of the uncompensated expropriation of the claimants investments in Venezuela and breach of other investor s rights under a bilateral investment treaty and other applicable law (pending). Co-representation of a U.S. oil & gas company in a multi-billion dollar ICSID arbitration against the Republic of Ecuador, in a dispute arising out of alleged breaches of a 2

4 bilateral investment treaty and a production sharing agreement (final award in favor of the claimant). Co-representation of a French oil & gas company in an ICSID arbitration against the Republic of Ecuador and an Ecuadorian State instrumentality, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements (pending). Co-representation of a U.S. oil & gas company in ICSID annulment proceedings against the Republic of Ecuador (pending). Representation of a Malaysian construction and property-development company and its subsidiary in an ICSID arbitration against the Republic of Chile concerning claims for breach of the bilateral investment treaty between Malaysia and Chile (final award and annulment decision in favor of the claimants). Representation of a U.S. energy company and its subsidiaries in an ICSID arbitration against the Argentine Republic concerning claims for breach of the bilateral investment treaty between the United States and Argentina (final award in favor of the claimants; annulment proceeding pending and suspended). Representation of a major U.S. mining conglomerate as party to the underlying controversy in an ICSID arbitration brought by a French mining company against the Republic of Peru (settled). 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 the Republic of Peru (resolved in favor of the claimant). Representation of a private Argentine oil conglomerate in respect of a tax dispute with the Republic of Ecuador giving rise to potential claims under the Argentina-Ecuador bilateral investment treaty (settled). Representation of a major U.S. financial institution in respect of potential claims against the Argentine Republic under the U.S.-Argentina bilateral investment treaty (settled). Representation of a major U.S. insurance company in respect of potential claims against the Argentine Republic under the U.S.-Argentina bilateral investment treaty (settled). Representation of a major U.S. mining company in a lengthy investment dispute with the Republic of Peru, without the benefit of an applicable investment treaty (settled). International Commercial Arbitration Covington has extensive experience in representing U.S., European, Asian and Latin American clients in commercial disputes before international arbitral tribunals. Representative international commercial arbitration assignments involving Latin America include: Representation of a major Asian national oil company in a dispute related to the acquisition of certain oil investments in a South American country (pending). Representation of large independent oil & gas companies in an ICDR arbitration under New York law arising out of a crude transportation agreement in a South American country (pending). 3

5 Representation of a subsidiary of a major U.S. petroleum company in an ICC arbitration against the Venezuelan national petroleum company (PDVSA) and one of its subsidiaries to enforce the respondents indemnification obligations under the relevant contracts (concluded with award in favor of the claimant). Representation of a leading Mexican land development company against a large U.S. resort developer in an ICC arbitration involving claims for breach of contract (settled). Representation of a U.S. mining company in an ICC arbitration against a Dutch company arising out of a contractual dispute involving an investment in Peru (settled). Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against former controlling shareholders of major European-based company acquired by our client. Representation of the same international beverage company in UNCITRAL arbitration (administered in London by the LCIA) in dispute involving claims exceeding $250 million; also awarded attorney fees. Representation of the oil and gas agency of a Caribbean state in a US$200 million LCIA arbitration brought by joint venture partners in the construction of a gas-to-liquids plant for the processing of natural gas in such state (pending). Representation of a Central American company in a UNCITRAL arbitration concerning the cancellation of a long-term concession for the design, construction, operation and maintenance of a drinking water plant in Central America (pending). Representation of the Peruvian subsidiary of a Chinese mining company in an ICC arbitration against a Chinese supplier of mining machinery (pending). The firm also has experience representing clients, jointly with local counsel, in domestic arbitration cases conducted in foreign countries. We participated in the successful defense of one of our clients, a U.S. mining company, in a domestic Peruvian arbitration against a Peruvian government entity arising out of a contractual dispute. This arbitration proceeding was conducted entirely in Spanish. Litigation in Aid of Arbitration Members of our team also have substantial experience in domestic litigation proceedings relating to arbitration, such as motions to compel arbitration and recognition and enforcement of arbitral awards. 4

6 Accolades Awards Named one of Latin America s Top 15 Arbitration Firms. Latinvex (2014) Winner of Global Dispute of the Year - International Arbitration. The American Lawyer (2013) Shortlisted for International Arbitration (International Counsel in Latin America) Law Firm of the Year. Chambers Latin America Award for Excellence (2013) Top 15 International Arbitration Practices. Global Arbitration Review 30 (2013) The Most Important Published Decision of Global Arbitration Review 30 (2013) Chambers Latin-America (2015) "These lawyers have been outstanding - they have a great knowledge of the law and are also very creative. They know how to work with local counsel; they are very focused and clientoriented." "They have good experience and expertise in cross-border litigation and arbitration work." Miguel López Forastier receives warm praise for his analysis, advocacy and judgment in major investor-state and commercial arbitrations, and peers consider him a "genuine specialist in Latin American matters." He predominantly focuses on Argentina, where he is admitted to practice, and is also active in Venezuela and Chile. Nicole Duclos clients highlight that "she has the advantage of the cultural edge in Latin American matters." Chambers Latin-America (2014) This firm is perhaps best known for its work in investor-state cases, but is increasingly active in commercial arbitration. By way of example, the firm is acting for Murphy Petroleum and Repsol in an ICDR arbitration against a Petrobras affiliate, and was counsel to ExxonMobil subsidiary Cerro Negro in a major ICC case against PDVSA. Sources praise the firm's services and professionalism in the arbitration arena. Miguel López Forastier receives warm praise for his analysis, advocacy and judgment in major investor-state and commercial arbitrations. He predominantly focuses on Argentina, where he is admitted to practice, and is also active in Venezuela and Chile. Nicole Duclos impresses sources: She's very sharp definitely one to watch. 5

7 Chambers Global (2014) Highly esteemed international arbitration team, operating mainly out of DC, New York and London. High level of expertise in oil and gas disputes and Latin America-related cases. Sources say: "They have complete command of international commercial arbitration and investor-state arbitration and consistently give comprehensive, in-depth, sound advice." Senior of counsel Stephen Bond has a very practical approach to the most complex disputes and always offers valuable insights into the world of international arbitration. He has a wealth of international experience from his long-standing presence in the market. Chambers Latin-America (2013) Of late this firm has been notably active in investor-state arbitrations, primarily on behalf of investors. The team is currently representing former subsidiaries of EON (US) in an ICSID claim against Argentina concerning the nationalisation of gas distribution entities. In another highlight, it is acting for ship supplier Tidewater against the Bolivarian Republic of Venezuela in a case concerning the expropriation of 15 of its fleet. The arbitration team is based in Washington, DC. Sources say: The team ranks at the highest level for client service and commercial awareness. Civil and common law-trained Miguel López Forastier wins praise from clients for his thorough analysis, insightful advocacy and consistently reliable judgment. Nicole Duclos impresses sources: She's very sharp definitely one to watch. Chambers Global (2013) This US stalwart enjoys a significant global practice, with lawyers based in New York, Washington, DC and London advising on international disputes across Europe, the Middle East, Asia and the Americas. It is famed for its representation of Exxon Mobil and its subsidiaries, and currently represents Exxon Mobil in two ICC arbitrations against Venezuela arising from the expropriation of its investments. The team also represented the Spanish investors in Yukos Oil in arbitration proceedings brought against the Russian government following the liquidation of Yukos. Sources say: The group operates well as an integrated team, provides responsive and wholesome advice and has demonstrated good commercial awareness. Of counsel, Stephen Bond is a seasoned arbitration specialist who focuses on international commercial arbitration in a wide spectrum of areas including construction, technology, energy and joint ventures. Legal 500 USA and Latin America (2013) Providing outstanding service at reasonable cost, Covington & Burling LLP has complete command of both international commercial and investor-state arbitration and consistently gives sound comprehensive, and in-depth advice. The team has extensive work in the oil and gas sector, where, along with its commercial docket, it is presently representing: Spanish investors against Yukos; ExxonMobil against Venezuela; and both Hess and Tullow against Equatorial Guinea at ICSID. Beyond oil and gas, the practice is particularly known for its expertise in insurance, sports and pharmaceuticals, among others sectors, and manages a caseload split 6

8 evenly between commercial and investor-state matters. In other work, the team is representing: subsidiaries of Emmis Communications and Marquard Group in a case against Hungary arising from the expropriation of broadcast license investments; Metal-Tech against Uzbekistan, also at ICSID; and successfully defended its client in an ICC case relating to the maritime sector. An outstanding strategist, Eugene Gulland sees the angles and arguments before others do; and practice co-chair Allan Moore brings insurance expertise to the team. Miguel López Forastier s thorough analysis, insightful and persuasive advocacy and consistently reliable judgment is seeing him rapidly make his way to the top echelons of international arbitration lawyers. Marney Cheek and Thomas Cubbage are noted among a team of lawyers praised for being as effective on their feet as on paper. Nicole Duclos is one of the best prepared international arbitration lawyers one is likely to meet, and exceptionally intelligent, she is exhaustive, absolutely indefatigable, and leaves no stone unturned. In Latin America, Nicole Duclos is 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. Chambers Latin-America (2012) This firm has a large international arbitration team comprising more than 75 lawyers. The practice has a strong track record handling high-end Latin American matters, especially investor-state arbitrations, for which the firm acts on either side. Recent highlights include representing ExxonMobil in a dispute with the Venezuelan government, and Perenco and OEPC (Occidental Exploration & Production Company) against Ecuador. Sources say: Distinguished for its depth in quality and an unparalleled ability to turn young academics into fine practitioners. A strong firm with an enviable Latin American arbitration practice that delivers consistently highcalibre advocacy. The team can also rely on special counsel from Miguel López Forastier, praised by clients for his excellent judgment. Nicole Duclos has advised clients in arbitrations involving an array of Latin American states. She s very commercially aware, astute and able to carry the torch, say sources, a star of the future with the world at her feet. Legal 500 US and Latin America (2012) Miguel López Forastier offers thorough analysis, insightful advocacy, and consistently reliable judgment; smart, detail oriented, patient and thorough. Nicole Duclos is described by peers as a first-class lawyer who has made a huge difference, she brings the team real local knowledge and her handling of cases is brilliant. 7

9 If you have any questions concerning the material discussed in this client alert, please contact the following members of our firm: Miguel López Forastier Nicole Duclos Covington & Burling LLP. All rights reserved. 8