Foley Hoag LLP

Representative Experience
State-to-State Litigation before the International Court of Justice in The Hague *Georgia v. Russia (Case Concerning Application of the Convention on the Elimination of All Forms of Racial Discrimination)* . We represent Georgia in this case, in which Georgia has sued Russia over Russia’s participation in and support for ethnic cleansing aimed at expelling ethnic Georgians from areas of Georgia occupied by Russian forces following Russia’s August 2008 invasion. *Ecuador v. Colombia (Case Concerning Aerial Spraying on the Border)* . We represent Ecuador in this proceeding, in which Ecuador has asked the Court to order Colombia to terminate its aerial spraying of toxic herbicides in such close proximity to the Ecuadorian border that it has caused, and continues to cause, serious harm to human health, livestock, crops and the environment in Ecuador. *Argentina v. Uruguay (Case Concerning Pulp Mills on the Uruguay River)* . We represent Uruguay in this proceeding, defending its right to sustainable development through the construction of a pulp plant that satisfies the highest environmental standards. Argentina has asked the Court to prohibit the construction of the plant on the basis of possible harm to the river shared by the two States. *Costa Rica v. Nicaragua (Case Regarding Navigational and Related Rights).* We represented Nicaragua in this dispute over the extent of Costa Rica’s navigational rights on the San Juan River, which is part of Nicaragua and divides the land territories of the two States. *Nicaragua v. Colombia (Case Concerning Territorial and Maritime Dispute)* . We represent Nicaragua in this case, which will determine sovereignty over certain islands in the Western Caribbean, as well as the maritime boundary between Nicaragua and Colombia in those waters. *Democratic Republic of Congo v. Uganda (Case Concerning Armed Activities in the Territory of Congo)* . Our attorneys represented Uganda, which was accused of armed intervention in the Congolese civil war and the unlawful occupation of Congolese territory. *Nicaragua v. the United States of America (Case Concerning Military and Paramilitary Activities in and Against Nicaragua)* . We represented Nicaragua in this historic proceeding, which resulted in a decision condemning the United States for its military, logistical and financial aid to counterrevolutionary forces attempting to overthrow the Government of Nicaragua, and for the mining of Nicaraguan harbors by U.S. intelligence forces. Arbitration and Mediation of Territorial and Maritime Disputes *Guyana v. Suriname* . We represented Guyana in this proceeding under the Convention on the Law of the Sea (Annex VIII) to delimit the maritime boundary between the two neighboring countries. The arbitration resulted in a victory for Guyana, which was awarded the vast majority of the maritime area in dispute, including all of the area where significant oil deposits are believed to exist. *Guatemala and Belize* . One of our partners served as Mediator, named by the Secretary General of the Organization of American States, to facilitate a definitive resolution of the territorial dispute between Guatemala and Belize. The mediation resulted in an Accord signed by the Ministers of Foreign Relations of the two countries. Litigation before the World Trade Organization One of our senior attorneys has represented the United States in various disputes before WTO, including: United States-Rules of Origin for Textiles and Apparel (India); Mexico- Anti-dumping duty investigation of High Fructose Corn Syrup (United States); United States-Section 110(5) of the U.S. Copyright Act; United States- Harbor Maintenance Tax (EC), and Romania- Customs Valuation. Advising Asian countries with respect to WTO disputes.
Investor-State Arbitration before the International Centre for Settlement of Investment Disputes (ICSID) *ETI Euro Telecom International N.V. v. Republic of Bolivia* . We represent Bolivia in this arbitration brought by a Dutch investor whose interests in a Bolivian telecommunications company were nationalized by the Bolivian government. *Murphy Exploration and Production Company v. Republic of Ecuador* . We represent Ecuador in these proceedings challenging Ecuador’s application to a U.S. investor of its laws establishing the Government’s share of unexpected and non-negotiated revenue resulting from the unforeseen rise in oil sales prices. *M.C.I. Power Group L.C. v. Republic of Ecuador* . We represent Ecuador in these proceedings brought by a U.S. investor to annul an arbitral award in Ecuador’s favor, which concluded that the arbitral tribunal lacked jurisdiction over the claims raised by the investor. *Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador* . We represented Ecuador in the provisional measures phase of this arbitration, resulting from the Ecuadorian Government’s termination of a contract for the exploitation of an oil field, and the claimants’ allegation that their investment was “expropriated.” The tribunal ruled unanimously in Ecuador’s favor, and refused to order the measures requested by the claimants. The proceedings were conducted in Spanish and English. *I&I Beheer B.V. v. Bolivarian Republic of Venezuela* . Our lawyers represented Venezuela in an arbitral proceeding based upon a dispute over promissory notes, brought by a Netherlands investor under the bilateral investment treaty between Holland and Venezuela. The proceeding was conducted in Spanish and English. *Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela* . Our lawyers represented Venezuela in this arbitral proceeding under the ICSID Additional Facility, based on a claim of more than US$1 billion brought by a Canadian mining company under the bilateral investment treaty between Canada and Venezuela. The proceeding was conducted in Spanish and English. *Química e Industrial del Borax Ltda. v. Republic of Bolivia.* We are representing Bolivia in this proceeding, initiated under the bilateral investment treaty between Bolivia and Chile, concerning the Bolivian Government’s termination of a mineral concession. The arbitration is being conducted in Spanish. *Shell Brands international AG and Shell Nicaragua S.A. v. Republic of Nicaragua* . We represented Nicaragua in this arbitration, initiated under the bilateral investment treaty between Nicaragua and Holland, concerning a seizure of the trademarks of the two investors ordered by the Nicaraguan courts. *Victor Pey Casado and Fundación Presidente Allende v. Republic of Chile* . Our lawyers represented Chile in its defense of a US$515 million claim in an arbitration under the bilateral investment treaty between the Kingdom of Spain and Chile. The proceedings are being conducted in Spanish and French. *MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile* . Our attorneys represented Chile in an annulment proceeding under the ICSID Convention, based upon an arbitral award issued under the bilateral investment treaty between Malaysia and Chile. The proceeding concerned a construction project. The official languages of the arbitration were Spanish and English. *Sociedad Anónima Eduardo Vieira v. Republic of Chile* . One of our partners advised Chile in an arbitration brought against it by a Spanish fishing company under the bilateral investment treaty between Chile and the Kingdom of Spain. The official language of the proceedings was Spanish. *Noble Ventures v. Romania* . One of our partners represented the Government of Romania in an international arbitration concerning a US$550 million claim concerning a steel mill under the bilateral investment treaty between the United States and Romania. *Manufacturers Hanover Trust Company v. Egypt* . One of our partners represented Manufacturers Hanover Trust Company in a claim brought against it by the Arab Republic of Egypt and its General Authority for Investments and the Free Trade Zone Area, based on tax matters and indirect expropriation. *Southern Pacific Properties (Middle East) Limited v. Egypt* . One of our partners represented the claimant in an arbitration alleging expropriation in relation to the construction of a residential complex in the Plateau of the Pyramids. Arbitration before the International Chamber of Commerce (ICC) *Republic of the Philippines v. Westinghouse Electric Corporation* . We represented the Philippines in an arbitration in Lausanne, Switzerland, for hundreds of millions of dollars, over defects in the design and construction of a nuclear power plant. *Green Mining Company v. Republic of Guyana* . We represented the Republic of Guyana in an arbitration based in London against an Australian-American company, over claims that the Guyana Government expropriated the company’s contract rights. *Consortium Impreglio v. Lesotho Highlands Development Authority* . One of our partners defended a state-owned company of the Kingdom of Lesotho in an arbitration in London initiated by a European construction consortium over the construction of a dam and reservoir. Arbitration before other International Fora *A.E.I Luxembourg Holdings S.ar.L. v. Republic of Bolivia* . We represented Bolivia in this arbitration before the Arbitration Institute of the Stockholm Chamber of Commerce, concerning the nationalization of a gas pipeline company in Bolivia. *Republic of Guyana v. Texas Ohio Corp* . We represented the Republic of Guyana in an arbitration before the International Dispute Resolution Center of the American Arbitration Association, to obtain compensation for the respondent’s violation of a contract to rehabilitate and operate a power plant in Guyana. *Republic of Nicaragua v. Standard Fruit Company* . We represented Nicaragua in an arbitration under the UNCITRAL Arbitration Rules, to obtain compensation for the cancellation of an investment contract for banana plantations by an American company. *Neptune Mining Company v. Republic of Nicaragua* . We represented Nicaragua in an arbitration based in Caracas, Venezuela, to determine the value of gold mines nationalized by the Nicaraguan Government and the amount owed to the Government by the mining company for failure to pay taxes. *ENABAS (Republic of Nicaragua) v. Cargill* . We represented a Nicaraguan state-owned company in an arbitration before the Rice Millers Association (U.S.) against a North American company that distributes rice and other commodities over the shipment of adulterated rice. *Delaney v. Société Nationale des Hydrocarbures* . One of our partners defended a state-owned company from the Republic of Cameroon in an arbitration in Paris under the UNCITRAL Arbitration Rules against a Bermuda oil company over the sale of oil. *Devres v. Government of Guyana* . We represented the Government of Guyana in an arbitration in Georgetown, Guyana, under the Guyana Arbitration Act, against a U.S.-based health care consulting firm over contract performance and termination.
Litigation before U.S. courts Defending the Republic of Chile in a lawsuit brought by an individual in the U.S. District Court for the Eastern District of New York over alleged violations of his human rights by the Chilean courts. Defending the Bolivarian Republic of Venezuela in a lawsuit brought by two Venezuelan mining companies in the U.S. District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit over the termination of diamond and gold mine concessions. The District Court granted Venezuela’s motion to dismiss the case on grounds of sovereign immunity; an appeal is pending before the Court of Appeals. Defending two corporations belonging to the state-owned oil company of the Bolivarian Republic of Venezuela in a lawsuit brought in the U.S. District Court for the Southern District of Florida by private Venezuelan and U.S. companies over a contract for the delivery of food products to Venezuela. Defended the Republic of Bolivia in a lawsuit in the U.S. District Court for the Southern District of New York emanating from the nationalization of a telecommunications company and the attempt by the former investors to seize Bolivia’s assets in New York and London. The District Court granted Bolivia’s requests to free its assets and dismiss the case. Defended the Kingdom of Thailand in a proceeding before the U.S. District Court for the Southern District of New York brought by the families of victims of the 2004 tsunami and accusing the Thai Government of negligence with respect to the failure to provide warning of the tsunami and adequate relief to the victims. Represented the Republic of Liberia in various lawsuits before the U.S. Federal Courts in New York, New Jersey and the District of Columbia and the State Courts of New York over alleged contract breaches and expropriation claims, and in proceedings to attach sovereign funds deposited in various banks within the United States. Defended the Republic of Nicaragua in numerous proceedings before the U.S. Federal and State Courts in New York, Florida, Illinois, California, Texas and Louisiana over issues such as alleged breaches of commercial contracts, violations of investment contracts, expropriations, and debt collection. Represented the Republic of Liberia, the Republic of Nicaragua, and the Republic of the Philippines in various U.S. Federal and State courts to recuperate State funds and assets stolen by former dictators of those three countries: Samuel Doe, Anastasio Somoza Debayle, and Ferdinand Marcos. Defended the Republic of the Philippines before a U.S. Federal Court in California in a lawsuit against the Philippine Government and its armed forces brought by a medical institution. Defended the Republic of Guyana in the U.S. District Court for the District of Columbia against an American investor who claimed that its contract rights had been expropriated and requested an order from the Court freezing all economic assistance from the U.S. Government and all loans from the Inter-American Development Bank to Guyana. Defended the Republic of Tanzania and its President and Minister of Finance before the U.S. District Court for the District of Columbia against several European companies claiming breaches of promissory notes allegedly issued by the Government and guaranteed by its highest ranking officials. Represented the Republic of Tanzania before various U.S. Federal courts in proceedings to obtain judicial orders to transfer properties from the Embassy of Tanzania in Washington. Represented the Republic of Honduras before the U.S. Federal Court in Florida in a trial over alleged breaches of commercial contracts. Represented the Republic of Nigeria before the U.S. Federal Court in New York against an American company regarding alleged breaches of contract. Represented the Republic of Zambia before the U.S. District Court for the District of Columbia against a British company over the execution of an arbitral award.
Lobbying Representing a Latin American country before the U.S. Congress requesting an extension of the Andean Trade Promotion and Drug Eradication Act, which provides billions of dollars of trade preferences to Ecuador, Bolivia, Peru and Colombia.
Privatization Advising the City of Johannesburg with respect to the sale of its power generation plant to a private sector purchaser, including negotiation of the sale and purchase agreement, the power purchase agreement, advice on competition, and other regulatory issues. Advising the City of Pretoria with respect to the sale of one of its power generation plants to a private sector purchaser. Advising, as Regional Counsel, the International Finance Corporation and the Government of Botswana in the partial privatization of Air Botswana. Advising the government of Guyana in its efforts to ensure investment and the participation of private industry in the electricity sector of Guyana. Advising the government of Guyana in the selection of and negotiation with a private sector investor relating to the operations of Guyana Power & Light, Inc. Advising the government of Guyana in the privatization of government-owned companies in the banking, mining and telecommunications sectors. Advising the government of South Africa in the US $1.26 billion sale of a strategic minority interest in Telkom SA Limited. Advising the government of South Africa in the restructuring of the South African statutory framework for the regulation of the airports sector and the partial privatization of the Airports Company of South Africa through the sale of a strategic minority interest.
Government Regulatory Counseling Advising the government of South Africa in the establishment of "World Heritage" status for the St. Lucia wetlands, including necessary statutory and regulatory modifications. Advising the Governments of Mozambique, Swaziland and South Africa on the establishment of a statutory and regulatory framework for various conservation areas, the drafting of treaties for the coordinated and effective control of malaria (the first such treaty in the world) and for the management and coordination of transfrontier areas and the concessioning of various tourism facilities. Advising the South African Government in defense procurement, including advice on procurement contracts and countertrade requirements. Advising the government of Guyana in the preparation of a program of legal and economic reform financed by the World Bank to stimulate the growth and development of the private sector. We advised the government on the following issues: identifying which government-owned companies should maintain that status and selecting other government entities for participation in the private sector. Advising the government of Guyana in the revisions of all of its laws relevant to the electricity sector, such as those pertinent to modern electricity, and review of the environmental laws of developing countries in the Caribbean, the United Kingdom, Canada, and various states of the United States. In this role, we were instrumental in assessing how the new electricity sector, its legal regime, and environmental regulators should coordinate the policy decisions of the government with respect to a sole provider as supplier and principal distributor of electricity. We also advised regarding legislation relevant to (a) competition in electricity generation and rural electrification and (b) the protection of the environment. Advising the government of Costa Rica in analyzing its Concessions Law and regulations, the Administrative Contracts Law and regulations, the Law of the Protection of the Environment, and 15 other Costa Rican laws that that affected the offers anticipated by the government for the private construction and operation of a new and important prison complex. Advising with respect to a comprehensive strategy for the corporatizing, modernization, and legal and regulatory reform of the Nicaraguan electricity sector. We drafted and put in practice a new legal and regulatory structure for the modernization and liberalization of the sector, particularly in the areas of competition in electricity generation. Advising a Latin American country in $9 billion of sovereign debt financing and restructuring negotiations. Advising the South African Law Commission on the adoption of a new law for international arbitration.
Infrastructure & Construction Projects Advising the Government of Mozambique on the Cahora Bassa Hydroelectric Project, including negotiations with the Government of Portugal on debt refinancing and restructuring of the project company, and power purchase negotiations with Eskom, the South African electric utility. Advising the South African Government and the Mozambique Government with respect to the project financing of the Maputo Development Corridor Toll Highway Project, a toll road between the two countries, the first limited recourse project financing in Southern Africa, including advice on the treaty between the countries enabling the project. Advising the three arrangers and underwriters, including the Development Bank of Southern Africa, with respect to the project financing of the water and sanitation services of a municipality in South Africa. Advising the South African Government with respect to the project financing of the N3 toll road project from Johannesburg to Durban ("African Project Finance Deal of the Year"). Advising the Province of KwaZulu Natal in its public-private partnership project for the equipping, maintenance and operation of Durban's new Central Hospital. Advising the national power company of Malaysia in a dispute concerning a power plant project in Pakistan, negotiating a favorable settlement and remedial work by the Italian company responsible for construction of the project. Advising a water resources authority on multiple matters relating to a US $3.8 billion water treatment project. Advising the South African Government in its US $500 million project to transform and recapitalize the South African taxi fleet. Advising a state transportation authority, including negotiating contracts and favorably resolving a variety of disputes related to light and heavy rail projects, tunneling, signaling systems, and bridge construction. Advising with respect to a design-build highway project, Foley Hoag led a team of experts on behalf of a state highway department in a multi-party mediation to close out the project and resolve a US $100 million claim for pennies on the dollar.
International Trade Trade and Investment Agreements Negotiating the government procurement, investment, dispute settlement and competition chapters in FTAs, including: the United States–Australia Free Trade Agreement; the United States–Central America Free Trade Agreement and Dominican Republic; the United States–Singapore Free Trade Agreement; the United States–Chile Free Trade Agreement; the United States–Morocco Free Trade Agreement; the United States–Panama Free Trade Agreement; the United States–Oman Free Trade Agreement, and the United States–the Southern African Customs Union (SACU). Developing U.S. policy and negotiating investment framework agreements (TIFAs) with, among others, Bahrain, Thailand, Pakistan, Saudi Arabia, and Sri Lanka. Representing the United States in various disputes before WTO. [more in depth in Spanish] Advising Asian countries with respect to WTO disputes. Advising clients regarding trade obligation compliance in the following areas: investment, government procurement, competition, rules of origin, and tax. Advising an Asian country with respect to bilateral investment treaty negotiations with the United States. Developing 2004 model U.S. BIT, model U.S. free trade agreement investment chapter, and negotiating first BIT based on 2004 U.S. model with Uruguay, and negotiating with Pakistan under the model. Other Trade Matters Representing a Latin American country before the U.S. Congress requesting an extension of the Andean Trade Promotion and Drug Eradication Act, which provides billions of dollars of trade preferences to Ecuador, Bolivia, Peru and Colombia.

Representative Experience

State-to-State

Litigation before the International Court of Justice in The Hague

Georgia v. Russia (Case Concerning Application of the Convention on the Elimination of All Forms of Racial Discrimination) . We represent Georgia in this case, in which Georgia has sued Russia over Russia’s participation in and support for ethnic cleansing aimed at expelling ethnic Georgians from areas of Georgia occupied by Russian forces following Russia’s August 2008 invasion.
Ecuador v. Colombia (Case Concerning Aerial Spraying on the Border) . We represent Ecuador in this proceeding, in which Ecuador has asked the Court to order Colombia to terminate its aerial spraying of toxic herbicides in such close proximity to the Ecuadorian border that it has caused, and continues to cause, serious harm to human health, livestock, crops and the environment in Ecuador.
Argentina v. Uruguay (Case Concerning Pulp Mills on the Uruguay River) . We represent Uruguay in this proceeding, defending its right to sustainable development through the construction of a pulp plant that satisfies the highest environmental standards. Argentina has asked the Court to prohibit the construction of the plant on the basis of possible harm to the river shared by the two States.
Costa Rica v. Nicaragua (Case Regarding Navigational and Related Rights). We represented Nicaragua in this dispute over the extent of Costa Rica’s navigational rights on the San Juan River, which is part of Nicaragua and divides the land territories of the two States.
Nicaragua v. Colombia (Case Concerning Territorial and Maritime Dispute) . We represent Nicaragua in this case, which will determine sovereignty over certain islands in the Western Caribbean, as well as the maritime boundary between Nicaragua and Colombia in those waters.
Democratic Republic of Congo v. Uganda (Case Concerning Armed Activities in the Territory of Congo) . Our attorneys represented Uganda, which was accused of armed intervention in the Congolese civil war and the unlawful occupation of Congolese territory.
Nicaragua v. the United States of America (Case Concerning Military and Paramilitary Activities in and Against Nicaragua) . We represented Nicaragua in this historic proceeding, which resulted in a decision condemning the United States for its military, logistical and financial aid to counterrevolutionary forces attempting to overthrow the Government of Nicaragua, and for the mining of Nicaraguan harbors by U.S. intelligence forces.

Arbitration and Mediation of Territorial and Maritime Disputes

Guyana v. Suriname . We represented Guyana in this proceeding under the Convention on the Law of the Sea (Annex VIII) to delimit the maritime boundary between the two neighboring countries. The arbitration resulted in a victory for Guyana, which was awarded the vast majority of the maritime area in dispute, including all of the area where significant oil deposits are believed to exist.
Guatemala and Belize . One of our partners served as Mediator, named by the Secretary General of the Organization of American States, to facilitate a definitive resolution of the territorial dispute between Guatemala and Belize. The mediation resulted in an Accord signed by the Ministers of Foreign Relations of the two countries.

Litigation before the World Trade Organization

One of our senior attorneys has represented the United States in various disputes before WTO, including: United States-Rules of Origin for Textiles and Apparel (India); Mexico- Anti-dumping duty investigation of High Fructose Corn Syrup (United States); United States-Section 110(5) of the U.S. Copyright Act; United States- Harbor Maintenance Tax (EC), and Romania- Customs Valuation.
Advising Asian countries with respect to WTO disputes.

Investor-State

Arbitration before the International Centre for Settlement of Investment Disputes (ICSID)

ETI Euro Telecom International N.V. v. Republic of Bolivia . We represent Bolivia in this arbitration brought by a Dutch investor whose interests in a Bolivian telecommunications company were nationalized by the Bolivian government.
Murphy Exploration and Production Company v. Republic of Ecuador . We represent Ecuador in these proceedings challenging Ecuador’s application to a U.S. investor of its laws establishing the Government’s share of unexpected and non-negotiated revenue resulting from the unforeseen rise in oil sales prices.
M.C.I. Power Group L.C. v. Republic of Ecuador . We represent Ecuador in these proceedings brought by a U.S. investor to annul an arbitral award in Ecuador’s favor, which concluded that the arbitral tribunal lacked jurisdiction over the claims raised by the investor.
Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador . We represented Ecuador in the provisional measures phase of this arbitration, resulting from the Ecuadorian Government’s termination of a contract for the exploitation of an oil field, and the claimants’ allegation that their investment was “expropriated.” The tribunal ruled unanimously in Ecuador’s favor, and refused to order the measures requested by the claimants. The proceedings were conducted in Spanish and English.
I&I Beheer B.V. v. Bolivarian Republic of Venezuela . Our lawyers represented Venezuela in an arbitral proceeding based upon a dispute over promissory notes, brought by a Netherlands investor under the bilateral investment treaty between Holland and Venezuela. The proceeding was conducted in Spanish and English.
Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela . Our lawyers represented Venezuela in this arbitral proceeding under the ICSID Additional Facility, based on a claim of more than US$1 billion brought by a Canadian mining company under the bilateral investment treaty between Canada and Venezuela. The proceeding was conducted in Spanish and English.
Química e Industrial del Borax Ltda. v. Republic of Bolivia. We are representing Bolivia in this proceeding, initiated under the bilateral investment treaty between Bolivia and Chile, concerning the Bolivian Government’s termination of a mineral concession. The arbitration is being conducted in Spanish.
Shell Brands international AG and Shell Nicaragua S.A. v. Republic of Nicaragua . We represented Nicaragua in this arbitration, initiated under the bilateral investment treaty between Nicaragua and Holland, concerning a seizure of the trademarks of the two investors ordered by the Nicaraguan courts.
Victor Pey Casado and Fundación Presidente Allende v. Republic of Chile . Our lawyers represented Chile in its defense of a US$515 million claim in an arbitration under the bilateral investment treaty between the Kingdom of Spain and Chile. The proceedings are being conducted in Spanish and French.
MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile . Our attorneys represented Chile in an annulment proceeding under the ICSID Convention, based upon an arbitral award issued under the bilateral investment treaty between Malaysia and Chile. The proceeding concerned a construction project. The official languages of the arbitration were Spanish and English.
Sociedad Anónima Eduardo Vieira v. Republic of Chile . One of our partners advised Chile in an arbitration brought against it by a Spanish fishing company under the bilateral investment treaty between Chile and the Kingdom of Spain. The official language of the proceedings was Spanish.
Noble Ventures v. Romania . One of our partners represented the Government of Romania in an international arbitration concerning a US$550 million claim concerning a steel mill under the bilateral investment treaty between the United States and Romania.
Manufacturers Hanover Trust Company v. Egypt . One of our partners represented Manufacturers Hanover Trust Company in a claim brought against it by the Arab Republic of Egypt and its General Authority for Investments and the Free Trade Zone Area, based on tax matters and indirect expropriation.
Southern Pacific Properties (Middle East) Limited v. Egypt . One of our partners represented the claimant in an arbitration alleging expropriation in relation to the construction of a residential complex in the Plateau of the Pyramids.

Arbitration before the International Chamber of Commerce (ICC)

Republic of the Philippines v. Westinghouse Electric Corporation . We represented the Philippines in an arbitration in Lausanne, Switzerland, for hundreds of millions of dollars, over defects in the design and construction of a nuclear power plant.
Green Mining Company v. Republic of Guyana . We represented the Republic of Guyana in an arbitration based in London against an Australian-American company, over claims that the Guyana Government expropriated the company’s contract rights.
Consortium Impreglio v. Lesotho Highlands Development Authority . One of our partners defended a state-owned company of the Kingdom of Lesotho in an arbitration in London initiated by a European construction consortium over the construction of a dam and reservoir.

Arbitration before other International Fora

A.E.I Luxembourg Holdings S.ar.L. v. Republic of Bolivia . We represented Bolivia in this arbitration before the Arbitration Institute of the Stockholm Chamber of Commerce, concerning the nationalization of a gas pipeline company in Bolivia.
Republic of Guyana v. Texas Ohio Corp . We represented the Republic of Guyana in an arbitration before the International Dispute Resolution Center of the American Arbitration Association, to obtain compensation for the respondent’s violation of a contract to rehabilitate and operate a power plant in Guyana.
Republic of Nicaragua v. Standard Fruit Company . We represented Nicaragua in an arbitration under the UNCITRAL Arbitration Rules, to obtain compensation for the cancellation of an investment contract for banana plantations by an American company.
Neptune Mining Company v. Republic of Nicaragua . We represented Nicaragua in an arbitration based in Caracas, Venezuela, to determine the value of gold mines nationalized by the Nicaraguan Government and the amount owed to the Government by the mining company for failure to pay taxes.
ENABAS (Republic of Nicaragua) v. Cargill . We represented a Nicaraguan state-owned company in an arbitration before the Rice Millers Association (U.S.) against a North American company that distributes rice and other commodities over the shipment of adulterated rice.
Delaney v. Société Nationale des Hydrocarbures . One of our partners defended a state-owned company from the Republic of Cameroon in an arbitration in Paris under the UNCITRAL Arbitration Rules against a Bermuda oil company over the sale of oil.
Devres v. Government of Guyana . We represented the Government of Guyana in an arbitration in Georgetown, Guyana, under the Guyana Arbitration Act, against a U.S.-based health care consulting firm over contract performance and termination.

Litigation before U.S. courts

Defending the Republic of Chile in a lawsuit brought by an individual in the U.S. District Court for the Eastern District of New York over alleged violations of his human rights by the Chilean courts.
Defending the Bolivarian Republic of Venezuela in a lawsuit brought by two Venezuelan mining companies in the U.S. District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit over the termination of diamond and gold mine concessions. The District Court granted Venezuela’s motion to dismiss the case on grounds of sovereign immunity; an appeal is pending before the Court of Appeals.
Defending two corporations belonging to the state-owned oil company of the Bolivarian Republic of Venezuela in a lawsuit brought in the U.S. District Court for the Southern District of Florida by private Venezuelan and U.S. companies over a contract for the delivery of food products to Venezuela.
Defended the Republic of Bolivia in a lawsuit in the U.S. District Court for the Southern District of New York emanating from the nationalization of a telecommunications company and the attempt by the former investors to seize Bolivia’s assets in New York and London. The District Court granted Bolivia’s requests to free its assets and dismiss the case.
Defended the Kingdom of Thailand in a proceeding before the U.S. District Court for the Southern District of New York brought by the families of victims of the 2004 tsunami and accusing the Thai Government of negligence with respect to the failure to provide warning of the tsunami and adequate relief to the victims.
Represented the Republic of Liberia in various lawsuits before the U.S. Federal Courts in New York, New Jersey and the District of Columbia and the State Courts of New York over alleged contract breaches and expropriation claims, and in proceedings to attach sovereign funds deposited in various banks within the United States.
Defended the Republic of Nicaragua in numerous proceedings before the U.S. Federal and State Courts in New York, Florida, Illinois, California, Texas and Louisiana over issues such as alleged breaches of commercial contracts, violations of investment contracts, expropriations, and debt collection.
Represented the Republic of Liberia, the Republic of Nicaragua, and the Republic of the Philippines in various U.S. Federal and State courts to recuperate State funds and assets stolen by former dictators of those three countries: Samuel Doe, Anastasio Somoza Debayle, and Ferdinand Marcos.
Defended the Republic of the Philippines before a U.S. Federal Court in California in a lawsuit against the Philippine Government and its armed forces brought by a medical institution.
Defended the Republic of Guyana in the U.S. District Court for the District of Columbia against an American investor who claimed that its contract rights had been expropriated and requested an order from the Court freezing all economic assistance from the U.S. Government and all loans from the Inter-American Development Bank to Guyana.
Defended the Republic of Tanzania and its President and Minister of Finance before the U.S. District Court for the District of Columbia against several European companies claiming breaches of promissory notes allegedly issued by the Government and guaranteed by its highest ranking officials.
Represented the Republic of Tanzania before various U.S. Federal courts in proceedings to obtain judicial orders to transfer properties from the Embassy of Tanzania in Washington.
Represented the Republic of Honduras before the U.S. Federal Court in Florida in a trial over alleged breaches of commercial contracts.
Represented the Republic of Nigeria before the U.S. Federal Court in New York against an American company regarding alleged breaches of contract.
Represented the Republic of Zambia before the U.S. District Court for the District of Columbia against a British company over the execution of an arbitral award.

Lobbying

Representing a Latin American country before the U.S. Congress requesting an extension of the Andean Trade Promotion and Drug Eradication Act, which provides billions of dollars of trade preferences to Ecuador, Bolivia, Peru and Colombia.

Privatization

Advising the City of Johannesburg with respect to the sale of its power generation plant to a private sector purchaser, including negotiation of the sale and purchase agreement, the power purchase agreement, advice on competition, and other regulatory issues.
Advising the City of Pretoria with respect to the sale of one of its power generation plants to a private sector purchaser.
Advising, as Regional Counsel, the International Finance Corporation and the Government of Botswana in the partial privatization of Air Botswana.
Advising the government of Guyana in its efforts to ensure investment and the participation of private industry in the electricity sector of Guyana.
Advising the government of Guyana in the selection of and negotiation with a private sector investor relating to the operations of Guyana Power & Light, Inc.
Advising the government of Guyana in the privatization of government-owned companies in the banking, mining and telecommunications sectors.
Advising the government of South Africa in the US $1.26 billion sale of a strategic minority interest in Telkom SA Limited.
Advising the government of South Africa in the restructuring of the South African statutory framework for the regulation of the airports sector and the partial privatization of the Airports Company of South Africa through the sale of a strategic minority interest.

Government Regulatory Counseling

Advising the government of South Africa in the establishment of "World Heritage" status for the St. Lucia wetlands, including necessary statutory and regulatory modifications.
Advising the Governments of Mozambique, Swaziland and South Africa on the establishment of a statutory and regulatory framework for various conservation areas, the drafting of treaties for the coordinated and effective control of malaria (the first such treaty in the world) and for the management and coordination of transfrontier areas and the concessioning of various tourism facilities.
Advising the South African Government in defense procurement, including advice on procurement contracts and countertrade requirements.
Advising the government of Guyana in the preparation of a program of legal and economic reform financed by the World Bank to stimulate the growth and development of the private sector. We advised the government on the following issues: identifying which government-owned companies should maintain that status and selecting other government entities for participation in the private sector.
Advising the government of Guyana in the revisions of all of its laws relevant to the electricity sector, such as those pertinent to modern electricity, and review of the environmental laws of developing countries in the Caribbean, the United Kingdom, Canada, and various states of the United States. In this role, we were instrumental in assessing how the new electricity sector, its legal regime, and environmental regulators should coordinate the policy decisions of the government with respect to a sole provider as supplier and principal distributor of electricity. We also advised regarding legislation relevant to (a) competition in electricity generation and rural electrification and (b) the protection of the environment.
Advising the government of Costa Rica in analyzing its Concessions Law and regulations, the Administrative Contracts Law and regulations, the Law of the Protection of the Environment, and 15 other Costa Rican laws that that affected the offers anticipated by the government for the private construction and operation of a new and important prison complex.
Advising with respect to a comprehensive strategy for the corporatizing, modernization, and legal and regulatory reform of the Nicaraguan electricity sector. We drafted and put in practice a new legal and regulatory structure for the modernization and liberalization of the sector, particularly in the areas of competition in electricity generation.
Advising a Latin American country in $9 billion of sovereign debt financing and restructuring negotiations.
Advising the South African Law Commission on the adoption of a new law for international arbitration.

Infrastructure & Construction Projects

Advising the Government of Mozambique on the Cahora Bassa Hydroelectric Project, including negotiations with the Government of Portugal on debt refinancing and restructuring of the project company, and power purchase negotiations with Eskom, the South African electric utility.
Advising the South African Government and the Mozambique Government with respect to the project financing of the Maputo Development Corridor Toll Highway Project, a toll road between the two countries, the first limited recourse project financing in Southern Africa, including advice on the treaty between the countries enabling the project.
Advising the three arrangers and underwriters, including the Development Bank of Southern Africa, with respect to the project financing of the water and sanitation services of a municipality in South Africa.
Advising the South African Government with respect to the project financing of the N3 toll road project from Johannesburg to Durban ("African Project Finance Deal of the Year").
Advising the Province of KwaZulu Natal in its public-private partnership project for the equipping, maintenance and operation of Durban's new Central Hospital.
Advising the national power company of Malaysia in a dispute concerning a power plant project in Pakistan, negotiating a favorable settlement and remedial work by the Italian company responsible for construction of the project.
Advising a water resources authority on multiple matters relating to a US $3.8 billion water treatment project.
Advising the South African Government in its US $500 million project to transform and recapitalize the South African taxi fleet.
Advising a state transportation authority, including negotiating contracts and favorably resolving a variety of disputes related to light and heavy rail projects, tunneling, signaling systems, and bridge construction.
Advising with respect to a design-build highway project, Foley Hoag led a team of experts on behalf of a state highway department in a multi-party mediation to close out the project and resolve a US $100 million claim for pennies on the dollar.

International Trade

Trade and Investment Agreements

Negotiating the government procurement, investment, dispute settlement and competition chapters in FTAs, including:

the United States–Australia Free Trade Agreement;
the United States–Central America Free Trade Agreement and Dominican Republic;
the United States–Singapore Free Trade Agreement;
the United States–Chile Free Trade Agreement;
the United States–Morocco Free Trade Agreement;
the United States–Panama Free Trade Agreement;
the United States–Oman Free Trade Agreement, and
the United States–the Southern African Customs Union (SACU).

Developing U.S. policy and negotiating investment framework agreements (TIFAs) with, among others, Bahrain, Thailand, Pakistan, Saudi Arabia, and Sri Lanka.
Representing the United States in various disputes before WTO. [more in depth in Spanish]
Advising Asian countries with respect to WTO disputes.
Advising clients regarding trade obligation compliance in the following areas: investment, government procurement, competition, rules of origin, and tax.
Advising an Asian country with respect to bilateral investment treaty negotiations with the United States.
Developing 2004 model U.S. BIT, model U.S. free trade agreement investment chapter, and negotiating first BIT based on 2004 U.S. model with Uruguay, and negotiating with Pakistan under the model.

Other Trade Matters

Representing a Latin American country before the U.S. Congress requesting an extension of the Andean Trade Promotion and Drug Eradication Act, which provides billions of dollars of trade preferences to Ecuador, Bolivia, Peru and Colombia.

Sovereign Representation

State-to-State

Investor-State

Litigation before U.S. courts

Lobbying

Privatization

Government Regulatory Counseling

Infrastructure & Construction Projects

International Trade

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Foley Hoag LLP

Sovereign Representation

State-to-State

Investor-State

Litigation before U.S. courts

Lobbying

Privatization

Government Regulatory Counseling

Infrastructure & Construction Projects

International Trade

Contact

Downloads

Related Services

Site Search

Spotlight

Resources

Client Login