Representative Experience

International Arbitration/Dispute Resolution

• Representing a European/Latin American construction consortium in a Spanish language ICC arbitration in Bolivia related to the construction of a water transfer tunnel.
• Defending a Japanese trading company in an ICC arbitration brought by a Turkish construction company related to the construction of a hydroelectric facility in Turkey.
• Representing a French construction company in an arbitration against an African state owned entity in an ad hoc proceeding in another African country regarding the construction of a dam construction site access road.
• Representing a French construction company in arbitration, pre-arbitration, and conciliation proceedings in Singapore against an Asian government under European Development Fund Rules in relation to the construction of a highway.
• Representing a French company against a North African country in an UNCITRAL arbitration in that country, related to the construction of sub-sea equipment for the development of a gas field.
• Representing the owner of a large entertainment facility in an ICC arbitration in Paris related to construction at the facility.
• Defending an African state entity in an ICC arbitration brought by a foreign construction consortium related to the construction of a dam.
• Representing an Asian company with respect to an ICC arbitration brought against it by a Government-controlled company in relation to the construction of an LPG plant in the Middle East.
• Representing construction companies of Turkey, Bosnia-Herzegovina and the Bahamas with respect to their claims submitted to the U.N. Compensation Commission regarding the construction of a dam in northern Iraq.
• Representing a French construction company in an ad hoc arbitration against an Indian state-owned entity over the construction of a hydroelectric dam in Kashmir.
• Representing a Japanese company in an ICC arbitration brought by a English reinsurance company over a chemical plant fire.
• Representing a Latin American country in ICSID annulment proceedings relating to a case about zoning and land use permits regarding construction of a satellite city.
• Representing a Far Eastern private investor in an ICSID arbitration brought against a Middle Eastern country under its investment legislation in connection with an expropriation claim related to a hotel and tourism project.
• Representing a European power company and two other European investors in an ICSID arbitration against a Latin American country under two bilateral investment treaties.
• Representing an investor in ICSID annulment proceedings brought by a Latin American country involving a water and sanitation project.
• Defending an Eastern European country in an ICSID arbitration brought by a U.S. investor under a bilateral investment treaty, relating to the privatization of a steel mill.
• Defending a Latin American country in an ICSID arbitration brought by a European foundation and a Latin American individual under a bilateral investment treaty, relating to expropriation of a media company.
• Representing a Latin America power company in an ICSID arbitration brought against a Latin American country under a bilateral investment treaty.
• Representing a European power company and its Latin American subsidiary in an ICSID arbitration against a Latin American country under a bilateral investment treaty.
• Representing an American water company in an ICSID arbitration against a Latin American country under a bilateral investment treaty.
• Defending an African national oil company in an UNCITRAL Rules arbitration brought by a Bermuda oil trading company.
• Defending a Latin American country in an ICSID (Additional Facility) arbitration brought by a Canadian gold mining company under a bilateral investment treaty.
• Defending a Latin American country in an ICSID arbitration brought by a Dutch company under a bilateral investment treaty, relating to promissory notes.
• Representing a U.S. bank in an ICSID arbitration brought against a Middle Eastern country under its investment legislation for breach of an investment agreement, relating to customs duties and related taxes.
• Advising a U.S. bank with respect to a claim to the Overseas Private Investment Corporation (OPIC) regarding expropriation of a power plant in Latin America.
• Advising the South African Law Commission with respect to South Africa’s new draft bill on international arbitration.

Project Finance/Privatization/Other Advisory

• 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 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, as Regional Counsel, the International Finance Corporation and the Government of Botswana in the partial privatization of Air Botswana.
• 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 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 South African Government in its $500 million project to transform and recapitalize the South African taxi fleet.
• Advising the South African Government in the restructuring of the South African statutory framework for the regulation of the airports sector and partial privatization of Airports Company of South Africa Limited by the sale of a strategic minority interest.
• Advising the South African Government in the US$1.26 billion sale of a strategic minority interest in Telkom SA Limited.