Experience

• • YPF S.A. in successfully defeating claims for roughly $15 billion in damages and pre-judgment interest that were brought by Petersen Energía and Eton Park (both funded by Burford Capital) in the S.D.N.Y. arising from the Republic of Argentina’s 2012 intervention in YPF and subsequent expropriation of 51% of YPF’s capital stock.
  • Tethyan Copper Company, a joint venture of Antofagasta Minerals and Barrick Gold, in its US$6 billion arbitration win against the Islamic Republic of Pakistan, which is the second-largest ICSID award ever rendered.
  • An engineering and commissioning contractor in an AUS$2 billion ICC Singapore arbitration concerning the disputed termination of an EPC subcontract to build a captive Combined Cycle power station on an LNG facility.
  • Freeport-McMoRan and Sociedad Minera Cerro Verde in an ICSID arbitration against Peru under the U.S.–Peru Trade Promotion Agreement, with claims of approximately $1 billion. The dispute arises out of the Government’s imposition of royalties, taxes, and penalties and interest against its affiliate, which operates one of the world’s most productive copper mines.
  • Barrick (PD) Australia Pty Limited in an ICSID arbitration, and Barrick (Niugini) Limited in an ICSID conciliation, both with the Independent State of Papua New Guinea, arising out of the Government’s refusal to renew a special mining lease held over the Porgera Gold Mine.
  • A construction company in its ICC arbitration with a major oil company over delays and additional costs in a project for the construction of an FPSO platform.
  • YPF S.A. in a litigation brought by the Petersen Energía and Eton Park funds in the S.D.N.Y. arising from Argentina’s 2012 expropriation of a controlling stake in YPF.
  • A leading global engineering and project management company in an UNCITRAL arbitration arising out of the construction of a multibillion dollar LNG plant in Africa.
  • A leading telecommunications and digital media company in an LCIA arbitration of a contractual dispute arising out of the purchase of assets in multiple jurisdictions, winning a complete victory on indemnification claims of over €139 million, defeating counterclaims of over €84 million, and obtaining a substantial costs award.
  • A construction company in an ICC arbitration with a major oil company under an EPC contract for the construction of a semi-submersible drilling platform.
  • A Peruvian power company in a dispute arising out of defects in the generators installed in a new dual-fuel power plant.
  • A South American power company in a dispute arising out of delays and defects in the construction of a hydroelectric power plant in Peru.
  • A major infrastructure and engineering company in an ICC arbitration relating to the construction of a fertilizer plant in the USA.
  • Abilio Diniz, the founder of one of Brazil’s leading retail businesses, in three ICC arbitrations governed by Brazilian law and seated in São Paulo against Casino Guichard-Perrachon SA in a shareholder dispute. The dispute ended with a widely reported settlement favorable to our client that was awarded the Deal of the Year Award – Disputes by Latin Lawyer (2014).
  • Holcim Ltd. and its two wholly owned Dutch subsidiaries, Holderfin B.V. and Caricement B.V., in a dispute against the Bolivarian Republic of Venezuela, arising from the expropriation of their local subsidiary by the Venezuelan government, leading to a $650 million settlement that has been fully paid.
  • Pueblo Viejo Dominicana, a joint venture between Barrick Gold and Goldcorp, in a dispute with the Dominican Republic regarding the Pueblo Viejo gold, silver and copper mine, which is reported to be the largest foreign investment in the Dominican Republic.
  • The lead claimant in Reineccius, First Eagle, and Mathieu v. Bank for International Settlements, in which a five-member tribunal constituted under the 1930 Hague Agreement awarded private shareholders some US$500 million.
  • Autopista Concesionada de Venezuela, C.A. (“Aucoven”) in an ICSID arbitration against the Republic of Venezuela, where the tribunal issued a final award finding liability and damages against Venezuela involving claims arising from the breach of a concession agreement for a toll road in Venezuela.
  • A natural resources company in defending its interests in connection with proceedings or inquiries before international bodies, such as the Inter-American Commission on Human Rights and the International Labour Organization.
  • The Government of Mexico in Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 12, in its successful claims against the United States for violations of the Vienna Convention on Consular Relations in respect of 52 Mexican nationals sentenced to death in state court proceedings in the United States. In March 2004, the ICJ held the United States liable in 51 of those cases and ordered the United States to review and reconsider the convictions and sentences.