Experience

• • Perenco Ecuador in securing an ICSID award against the Republic of Ecuador worth over $390 million plus interest, net of cost recovery and other factors, which is the largest compensation any tribunal has awarded in connection with Ecuador’s Law 42. Ecuador has committed to pay the Award voluntarily, unconditionally and in full.
  • 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.
  • A U.S. investor in an oil & gas project, including a refinery, oil fields, and licenses, in an ICSID arbitration against the Republic of Peru.
  • SMM Cerro Verde Netherlands B.V. in an ICSID arbitration brought against the Government of Peru under the Netherlands–Peru BIT, with claims in excess of $250 million. 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.
  • An engineering and commissioning contractor in a multibillion dollar ICC arbitration seated in Singapore concerning the disputed termination of an EPC subcontract to build and commission a combined-cycle power plant at an Australian LNG facility.
  • The Republic of Iraq in a complete dismissal of claims for over $650 million brought by Agility Warehousing Company relating to a telecommunications investment, substantially prevailing on jurisdictional objections and achieving a complete victory for the Republic on the merits with a full award of costs, in the first ICSID arbitration brought against the Republic. For this win, the Debevoise team was recognized as Litigators of the Week by The American Lawyer.
  • The Republic of Iraq in successfully defending ICSID claims brought by Itisaluna Iraq LLC and others under the OIC Agreement arising out of a dispute concerning the telecommunications sector. In the jurisdictional stage, we contended that the Parties to the dispute had not consented in writing to submit the dispute to ICSID arbitration. The tribunal dismissed all claims for lack of jurisdiction and awarded close to two-thirds of costs to the Republic.
  • Albaniabeg Ambient and Costruzioni in ICSID proceedings against Albania arising out of claimants’ investments in a waste management and renewable energy production plant.