Freshfields Bruckhaus Deringer

http://www.freshfields.com/

Our prominence in the field of international arbitration is acknowledged worldwide. From a Spanish language arbitration under Chilean law in London to an investment arbitration against the Russian state in Washington, we are uniquely equipped to assist you in resolving your international disputes through arbitration.

Our international arbitration practice consists of over 80 practitioners worldwide with an unrivalled track record of conducting international arbitrations under all major institutional rules to the highest professional standards, no matter where or under what law or language - from French to Mandarin - they are conducted.

With 17 of our lawyers from eight offices, Freshfields was ranked top in the 2010 GAR Who's Who Commercial Arbitration. And four of our lawyers along with three 'runner's up' were listed in Global Arbitration Review's ’45 under 45’ feature on young arbitration specialists.

Through our international network we are increasingly active in representing investors and conducting arbitrations in the emerging markets of central and eastern Europe, Asia, Africa and Latin America.

Our arbitration practice is also at the vanguard in representing private investors and governments in arbitrations under bilateral investment treaties.

For examples of our recent cases, please click on the Experience field under the Practice heading.

Latin America

Some recent examples of our arbitration work in Latin America include acting for:

Investor-state disputes

• Eni Dacion (Agip-Eni), in an ICSID arbitration against Venezuela pursuant to the Dutch/Venezuela bilateral investment treaty following the expropriation of Eni’s interests in Venezuela; the first arbitration to be brought against Venezuela in connection with the enforcement of its new hydrocarbons legislation (successfully settled);
• ConocoPhillips in an ICSID arbitration against Venezuela in respect of investments in the Orinoco Belt and the Gulf of Paria. Because of its political and legal significance, this decision will be carefully watched by international oil companies and states around the world;
• CMS Gas Transmission Company, in an ICSID arbitration against Argentina pursuant to the US/Argentina bilateral investment treaty. The arbitration concerned the effect of Argentina's 'emergency' economic measures on the company's investment, including the 'pesification' and freeze of previously dollarised gas tariffs. CMS, the first of some 40 claimants against Argentina, won an award of some $150m against Argentina in May 2005, which was upheld following annulment proceedings in September 2007;
• National Grid plc in an arbitration against Argentina under the UNCITRAL rules in connection with its participation in the high voltage electricity network in Argentina pursuant to the bilateral investment treaty between the UK and Argentina. We won the jurisdictional phase of the arbitration and are now awaiting a decision on the merits; and
• Glencore International AG in a potential arbitration against Bolivia arising from a dispute in connection with the nationalisation of its tin smelter, pursuant to the Swiss/Bolivia bilateral investment treaty;

Commercial disputes

• Telecom Italia in four parallel ICC arbitrations under Brazilian law concerning the control of one of the three Brazilian fixed line telecoms companies;
• a Chilean conglomerate in LCIA proceedings against a Spanish bank for breach of a joint venture agreement for development of Latin American banking holdings in the light of the merger of the Spanish bank (seat London, Chilean law);
• an international energy company in an UNCITRAL arbitration regarding an operating agreement with three other petrol companies and a state petrol entity for the joint exploration, evaluation, development and production of oil reserves in Latin America (seat London);
• a Brazilian state entity in its defence against the UK and Germany for an arbitration regarding nuclear energy and the request for an annulment of a decision before Brazilian tribunals; and
• a French metals company in an ICC arbitration arising out of the acquisition of a Venezuelan corporation (seat Miami, Venezuelan law) with a related AAA arbitration (seat New York, Pennsylvanian law).

Recent examples of our involvement in bilateral investment treaty disputes include representing:

• ConocoPhillips in an ICSID arbitration against Venezuela in respect of investments in the Orinoco Belt and the Gulf of Paria. Because of its political and legal significance, this decision will be carefully watched by international oil companies and states around the world;
• Nomura's UNCITRAL Rules arbitration against the Czech Republic over the failure of a prominent Czech bank in which a Nomura subsidiary was a majority investor;
• World Duty Free v The Republic of Kenya, in which we obtained an award from an ICSID tribunal dismissing a $500m claim under an investment contract against Kenya. The award is the first successful strikeout of an ICSID claim on non-jurisdictional grounds;
• a major international mining company on its rights under international law and applicable bilateral investment treaties with respect to violations of a tax stabilisation regime; and
• in 10 of the approximately 30 cases brought by investors against Argentina for losses suffered in Argentina’s 2002 economic crisis, including claims by CMS Gas Transmission Company, BG Group, National Grid, Gas Natural SDG, Vivendi, GDF Suez and Total.

looks good to me...............HB