He also has extensive experience in corporate restructuring and insolvency, regulatory actions,
international arbitration claims and alternative dispute resolution.
Brokered numerous funding and insurance arrangements for cases brought by SMEs and international claimants pursuing arbitration and
international arbitration claims under the auspices of, amongst others, the ICC, ICSID and LCIA.
He enjoys a particular expertise in arranging bespoke funding solutions for clients pursuing
international arbitration claims, including investment treaty arbitrations.
Not exact matches
The Philippines brought an
arbitration case in 2013 over the South China Sea, eventually lodging 15
claims against China related to the U.N. Convention on the Law of the Sea — a critical piece of
international law that both countries have ratified.
According to the Associated Press (AP), however, the Trump Organization's lawyers said Panamanian courts had made no determination on the underlying dispute — a management contract held by the Trump group that it
claims is still valid — and had only appointed an interim management until an
international arbitration panel rules on the issue.
First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a
claim before an investor - state tribunal; (b) bringing a
claim before a domestic court, based on domestic and / or
international standards of protection; and (c) private commercial
arbitration based on a contract between the investor and the host ‑ State.
Such investment protections, if available to the foreign investor, may be used to bring a
claim in
international arbitration in the event that a government or regulatory body interferes with the investment.
In a recent highlight, the frequently recommended Rupert Bellinghausen defended an
international industrial services provider against damage
claims for breach of warranty as part of a post-M & A
arbitration.
We assist in a wide range of controversies, including complex commercial litigation and
international arbitration, insurance coverage disputes, product liability, trade secret misappropriation, commercial contract disputes, antitrust
claims, intellectual property rights, professional liability
claims and products litigation.
Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's
international arbitration practice, for a discussion of the unique issues involved in defending
claims at the enforcement phase, and the impact of the Enel decision.
representing an
international aerospace construction group in an
arbitration (SIAC) to
claim against their subcontractors for wrongful repudiation of contract and for defective works
Representing an overseas company in relation to a high value
international shareholders» dispute, derivative action and fraud
claim brought under the UNCITRAL
arbitration rules.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving
claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and
arbitration,
international litigation and
arbitration, antitrust litigation and
arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
The proliferation of bilateral investment treaties (BITs), the dramatic increase in the invocation of multilateral investment treaties (MITs) and the growing inter-play between investment and
international commercial
arbitration in recent years all mean that it is imperative for practitioners of
international arbitration to have a clear understanding of the fundamental elements of a BIT and the issues that arise with BIT
claims.
In a panel chaired by Wendy Miles QC, SCC Secretary General Annette Magnusson will share her experiences about new types of
claims that are arising in
international arbitration, such as human rights - related and climate change - related
claims.
The successful transaction also marks an end all
claims relating to a long - running investor - state
international arbitration between Algeria and GTH, in which Akin Gump were instructed, which was administered by the Permanent Court of
Arbitration, as well as ending various disputes between OTA and a number of public entities over tax
claims before the Algerian courts.
Lydia successfully acted for political risk insurers in the London Market defending a complex and high value ($ 15million)
arbitration claim brought by an
international bank relating to a high profile Kenyan oil scandal.
He has acted in numerous domestic and
international litigation and
arbitration cases, advising on
claims involving insurance brokers, solicitors and professional indemnity insurers.
Acted for numerous lessors and airlines in redelivery disputes litigated in the High Court in London and in
international arbitrations and acted for both lessors and airlines on repossessions, restructuring and insolvency
claims.
In his Preface to The Guide to Energy
Arbitrations, William Rowley QC notes that «if a single industry can lay
claim to parental responsibility for the present universality of
international arbitration as the go - to choice for the resolution of commercial -LSB-...]
Glencore, Eco Oro, Cosigo and Claro have either already brought or are in the process of bringing
claims against the Colombian state in various
international arbitration centres.
Shai later drafted the
arbitration rules for the appeals process of the
International Commission on Holocaust Era Insurance
Claims.
Advising the Republic of Albania in
international arbitration under the ICC Rules (seat Paris) concerning
claims arising from energy concession contracts and infrastructure projects involving hydroelectric development.
Advising a South Korean defence and infrastructure group in respect of
claims in ad hoc
international arbitration (seat Oman) arising from the construction of a water treatment plant in the Middle East.
Stand - out deals this year have included advising Cable & Wireless Communications on its USD5.3 billion sale to Liberty Global, and representing Grupo Unidos por el Canal in
international commercial
arbitration proceedings relating to the third set of locks in the Panama Canal, with
claims currently valued at USD800 million.
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The
international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the
arbitration proceedings that the party against whom the awards is being enforced was duly notified of the
claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.
Advising US and Bermuda excess professional liability insurers in
international arbitration proceedings in Bermuda (UNCITRAL) in respect of
claims from a US financial institution arising from US class actions.
In Patel v. Kanbay
International Inc., the
arbitration clause was contained in a shareholders» agreement, which the employer
claimed had been incorporated into the employment agreement.
This arises from the likes of multinational ventures, such as energy projects, and can be instigated in two ways: investors and host states either consent in contracts to use
international arbitration to resolve disputes, or investors make
claims under bilateral (or multilateral) investment treaties (BITs).
This plenary aimed to explore potential new types of
claims that may lie ahead in
international arbitration, and how
arbitration in the future might become a forum for resolving disputes under new
international and national laws, and new
international policy.
He has extensive experience of commercial litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and
international arbitrations, such as carriage of goods, sale of goods, fraud
claims, asset tracing, insurance and reinsurance, contractual and non-contractual termination, jurisdictional disputes, worldwide and other freezing orders, anti-suit injunctions,
arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.
The rebalancing of economic and political power from Western states to emerging economies is changing the type of
claim we see in
international arbitration; and
An AAA
arbitration, sited in Washington with District of Columbia law applying, involving
claims of expropriation and violations of
international law in connection with an investment in the Middle East.
German bank — various # multimillion
arbitration claims in the
International Chamber of Commerce Paris and The London Court of
International Arbitration against London based insurance syndicates.
Calunius Capital advises the Calunius Funds on the origination, assessment and execution of funding transactions linked to large scale commercial litigation and
arbitration claims, both in domestic and
international contexts.
Mr. Clodfelter served for seven years as the U.S. State Department's Assistant Legal Adviser for
International Claims and Investment Disputes and, as a member of the Senior Executive Service, led a large staff of attorneys in providing diplomatic protection of U.S. citizens and companies abroad and in representing the United States in international arbitration proceedings, including eleven investor - State claims under Chapter 11 of NAFTA and eight State - to -
International Claims and Investment Disputes and, as a member of the Senior Executive Service, led a large staff of attorneys in providing diplomatic protection of U.S. citizens and companies abroad and in representing the United States in international arbitration proceedings, including eleven investor - State claims under Chapter 11 of NAFTA and eight State - to - State
Claims and Investment Disputes and, as a member of the Senior Executive Service, led a large staff of attorneys in providing diplomatic protection of U.S. citizens and companies abroad and in representing the United States in
international arbitration proceedings, including eleven investor - State claims under Chapter 11 of NAFTA and eight State - to -
international arbitration proceedings, including eleven investor - State
claims under Chapter 11 of NAFTA and eight State - to - State
claims under Chapter 11 of NAFTA and eight State - to - State cases.
International arbitration of
claims of U.S. pilots of non-U.S. airline regarding taxation of foreign - based earnings and alleged recruitment fraud
Mark specialises in commercial litigation and has significant experience of leading large and complex investigations and litigation both in
international arbitration and the English High Court, including
claims supported by urgent injunctive relief and worldwide freezing injunctions.
Investor - State
Arbitration examines the
international treaties that give investors a right to
arbitration of
claims, the most - commonly employed
arbitration rules, and the most important elements of investor - state
arbitration procedure including tribunal composition, jurisdiction, evidence, award, and challenge of annulment.
Third, the venue provision of the
arbitration agreement provided that «disputes shall be settled at
International Arbitration Center for European countries for
claim in the suing party's country under the rule of the Center».
Our litigation and dispute resolution team provides advice and representation in the High Court, Court of Appeal and Supreme Court in relation to company, commercial and contractual disputes; partnership and shareholder disputes; and professional negligence
claims; We also have an established
international arbitration practice focusing on trade, commerce and
international investment treaties.
At the State Department, Caplan successfully represented the United States in several
international arbitrations, including Iran - U.S.
Claims Tribunal cases and a state - to - state dispute brought by Ecuador over the interpretation of the U.S. - Ecuador Bilateral Investment Treaty.
Represented an individual against a major
international bank in FINRA
arbitration proceedings alleging
claims arising out of a failed options trading strategy.
His practice encompasses a wide variety of construction and litigation matters, including delay
claims,
claims for changed work, contract disputes, construction lending disputes, construction defect
claims, surety bond
claims, mechanics» liens and stop notices, public works issues, bid protests, false
claims,
claims for design professional negligence, products liability
claims,
international arbitrations, as well as drafting and negotiation of construction and design contracts.
Anders acted as counsel to an Eastern European gas company in an
international SCC
arbitration regarding
claims under inter alia a purchase agreement and a transit agreement.
In stark contrast to Personal Injury
claims,
International Investment
Arbitration claims otherwise known as ISDS (Investor - State Dispute Settlement)
arbitration against, in particular, African developing states will no doubt offer greater appeal to ambulance chasers given the substantially larger sums at stake.
However, the High Court has held on more than one occasion that seeking to bring
claims or advance defences that were rejected in an earlier
arbitration can amount to abuse of process (Michael Wilson & Partners Ltd v Sinclair [2012] EWHC 2560 (Comm); OMV Petrom SA v Glencore
International AG [2014] EWHC 242 (Comm)-RRB-.
Allen Prince
claimed there are many more Bilateral Investment Treaties (BITs)
arbitrations now «as part of a wider investment portfolio» and the
International Centre for the Settlement of Investment Disputes (ICSID) was no exception.
Julian Wilson's appearances in commercial
arbitrations include, in Vienna, under the rules of the Vienna
International Arbitral Centre, handling an exclusive distributorship dispute in the scientific equipment sector; under LCIA rules, of a negligence claim against an international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisiti
International Arbitral Centre, handling an exclusive distributorship dispute in the scientific equipment sector; under LCIA rules, of a negligence
claim against an
international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisiti
international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc
arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisition of an ISP.
Our lawyers have extensive experience in resolving
claims using all types of dispute resolution tools, including mediation,
arbitration (domestic and
international) and litigation.