Investment Arbitration & Public International Law

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  • Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT. (Yoram Moussaieff v. Republic of Panama, ICSID Case No. ARB/22/26). The case was finally settled. 
  • Representation of a Latin American State in the enforcement of an ICSID award within a EU State.  
  • Representation of a Spanish investor in an ICSID annulment proceeding relating a construction and infrastructure investment in the Middle-East. (Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. v. State of Kuwait, ICSID Case No. ARB/17/8)  
  • Represented the Kingdom of Spain in over 60 major ICSID, UNCITRAL and SCC investment arbitrations arisen out of claims brought under the Energy Charter Treaty in relation to measures adopted by the Government of Spain. Successful representation in more than 40% of cases, including Landmark Case Green Power v. Spain as the first case in the investment arbitration history where the intra EU objection was upheld. Cases:  
    • SCC Case 062/2012, Charanne and Construction Investments v. Spain.  
    • SCC Case 2013/094, CSP Equity v. Kingdom of Spain. 
    • SCC Case 2016/135, Green Power K/S and Obton A/S v. Kingdom of Spain 
    • SCC Case 2015/036, Alten v. Kingdom of Spain. 
    • SCC Case 2017/194, Triodos v. Kingdom of Spain. 
    • SCC Case 2017/060, Freif Eurowind v. Kingdom of Spain. 
    • ICSID Case 15/16, BayWa r.e. Renewable Energy GmbH and BayWa r.e. Asset Holding GmbH v. Kingdom of Spain. 
    • ICSID Case 19/4, Canepa Green Energy Opportunities I, S.á r.l. and Canepa Green Energy Opportunities II, S.á r.l. v. Kingdom of Spain. 
    • ICSID Case 15/34, Cavalum SGPS, S.A. v. Kingdom of Spain. 
    • ICSID Case 15/20, Cube Infrastructure Fund SICAV and others v. Kingdom of Spain.  
    • ICSID Case 17/41, DCM Energy GmbH & Co. Solar 1 KG, DCM Energy GmbH & Co. Solar 2 KG, Edisun Power Europe A.G., Hannover Leasing Sun Invest 2 Spanien Beteiligungs GmbH, and Hannover Leasing Sun Invest 2 Spanien GmbH & Co. KG v. Kingdom of Spain. 
    • ICSID Case 15/35, E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH v. Kingdom of Spain. 
    • ICSID Case 18/42, EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Kingdom of Spain. 
    • ICSID Case 13/36 (Annulment), Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 16/4, Eurus Energy Holdings Corporation v. Kingdom of Spain. 
    • ICSID Case 15/42, Hydro Energy 1 S.à r.l. and Hydroxana Sweden AB v. Kingdom of Spain. 
    • ICSID Case 16/18, Infracapital F1 S.à r.l. and Infracapital Solar B.V. v. Kingdom of Spain. 
    • ICSID Case 13/31, Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V.) v. Kingdom of Spain. 
    • ICSID Case 14/12 (Annulment), InfraRed Environmental Infrastructure GP Limited and others v. Kingdom of Spain. 
    • ICSID Case 18/25, Itochu Corporation v. Kingdom of Spain. 
    • ICSID Case 15/27 (Annulment), JGC Holdings Corporation (formerly JGC Corporation) v. Kingdom of Spain. 
    • ICSID Case 15/25, KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain. 
    • ICSID Case 15/45, Landesbank Baden-Württemberg and others v. Kingdom of Spain. 
    • ICSID Case 14/1 (Annulment), Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain. 
    • ICSID Case 15/23, Mathias Kruck and others v. Kingdom of Spain. 
    • ICSID Case 20/47, Mitsui & Co., Ltd. v. Kingdom of Spain. 
    • ICSID Case 14/11 (Annulment), NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v. Kingdom of Spain. 
    • ICSID Case 15/36, OperaFund Eco-Invest SICAV PLC and Schwab Holding AG v. Kingdom of Spain. 
    • ICSID Case 17/15, Portigon AG v. Kingdom of Spain. 
    • ICSID Case 14/18, RENERGY S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 13/30, RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 14/34, RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Kingdom of Spain: Partially successful.  
    • ICSID Case 19/23, Sapec, S.A. v. Kingdom of Spain. 
    • ICSID Case 16/27, Sevilla Beheer B.V. and others v. Kingdom of Spain. 
    • ICSID Case 21/39, Spanish Solar 1 Limited and Spanish Solar 2 Limited v. Kingdom of Spain. 
    • ICSID Case 18/45, European Solar Farms A/S v. Kingdom of Spain. 
    • ICSID Case 19/30, VM Solar Jerez GmbH and others v. Kingdom of Spain. 
    • ICSID Case 15/38, SolEs Badajoz GmbH v. Kingdom of Spain. 
    • ICSID Case 15/1, Stadtwerke München GmbH, RWE Innogy GmbH, and others v. Kingdom of Spain. 
    • ICSID Case 16/17, Sun-Flower Olmeda GmbH & Co KG and others v. Kingdom of Spain. 
    • ICSID Case 21/43, TS Villalba GmbH and others v. Kingdom of Spain. 
    • ICSID Case 15/44, Watkins Holdings S.à r.l. and others v. Kingdom of Spain. 
    • UNCITRAL Case 2016-26, Corcoesto, S.A. v. Kingdom of Spain. 
    • UNCITRAL Case AA613, EDF Energies Nouvelles S.A. v. Kingdom of Spain. 
    • UNCITRAL Case 2012-14, AES Solar and others (PV Investors) v. Kingdom of Spain. 
  • Representation of a group of Mexican shareholders and bondholders in two UNCITRAL and ICSID investment arbitrations arising out of the deprivation of their rights and interests in Spain’s fifth largest bank as a consequence of its resolution and sale through the EU Single Resolution Mechanism (SRM). The arbitration involved parallel proceedings before the Court of Justice of the European Union and discovery proceedings (U.S.C. § 1782) before the Southern District Court of New York. (Antonio del Valle Ruiz et al v. Kingdom of Spain, PCA Case No. 2019-17; GBM Global et al. v. Kingdom of Spain (ICSID)). 
  • Representation of a British investor in the first stages of an investment arbitration against a USA State arisen out of the State’s regulatory changes in the PV sector.  
  • Interim representation of the Kingdom of Spain in challenging proceedings against the recognition and registration of an arbitral award before the High Court of Commerce and Property in England and Wales (Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin  Energia Termosolar B.V.) v. Kingdom of Spain, ICSID Case No. ARB/13/31).  
  • Assistance in the administration of an UNCITRAL investment arbitration brought by a USA investor against Ecuador under the Ecuador-USA Bilateral Investment Treaty in relation to Ecuadorian measures in the oil sector. (Chevron Corporation and Texaco Petroleum Corporation v. Ecuador (II), PCA Case No. 2009-23) 
  • Representation of an African State in an ICSID arbitration under the Kenya-United Kingdom BIT arising out of a mining dispute (ICSID Case ARB/15/29, Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya). 
  • Representation of the Republic of Hungary in an ICSID arbitration under the France-Hungary BIT arising out of a dispute in human resources services (ICSID Case No. ARB/14/20, Sodexo Pass International SAS v. Hungary). 
  • Representation of the Republic of Hungary in an ICSID arbitration under the Hungary-United Kingdom BIT arising out of a dispute in waste management (ICSID Case No. ARB/21/66, Christopher Jock Murdoch Mackenzie v. Hungary). 
  • Representation of a group of investors in an ICSID arbitration under the Mining Code of the Democratic Republic of the Congo arising out of a mining dispute (ICSID Case No. ARB/23/20, AVZ International Pty Ltd., Dathcom Mining SA and Green Lithium Holdings Pte Ltd. v. Democratic Republic of the Congo). 
  • Representation of an investor in an ICSID arbitration under the Switzerland-Georgia BIT arising out of a construction and real state dispute (ICSID Case No. ARB/23/23, Basel LLC and Ronald Waldmann v. Georgia). 
  • Representation of an Asian State in an ICSID arbitration under the ICSID Arbitration Rules arising out of a dispute in construction and fossil fuels (ICSID Case No. ARB 15/2, Lighthouse Corporation v. Democratic Republic of Timor-Leste). 
  • Representation of investors in an ICSID arbitration under the Austria-Croatia BIT arising out of a banking dispute (ICSID Case No. ARB/16/31, UniCredit Bank Austria AG and Zagrebačka Banka dd v. Republic of Croatia). 
  • Representation of Iberdrola, S.A. and Iberdrola Energía, S.A.U. in an UNCITRAL arbitration under the Spain-Bolivia BIT arising out of a dispute in the electric energy sector (PCA Case No. 2015-05, Iberdrola, S.A. and Iberdrola Energía, S.A.U. v. Estado Plurinacional de Bolivia). 
  • Representation of the Republic of Lithuania in an UNCITRAL arbitration under the Russia-Lithuania BIT arising out of a banking dispute (PCA Case No. 2019-48, Fund for the Protection of Investors’ Rights in Foreign States v. Lithuania). 

 

by gncilaw.com

Complex National & International Disputes

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  • Successful representation of a Spanish sports broadcasting company against a USA  individual in a United States District Court, Western District of Arkansas cross-border litigation arisen out of breaches of a commercial contract subject to Arkansas Law.  With the assistance of local counsel in Arkansas we obtained the dismissal of the case for lack of US federal court’s jurisdiction.  The dispute also involved complex issues of theories of implied in fact and implied in law contract s as well as manufacturing liability theories. 
  • Successful representation of a corporation against its commercial counterparty and shareholder in various jurisdictions (USA, The Netherlands) related to a large corporate battle arisen out of the potential change of control of a company. 
  • Representation of a Colombian state-owned energy company in a litigation before the United States Federal Courts (Southern District of New Jersey) against a New Jersey commercial counterparty arisen out of breaches of a contract for the manufacture and sale of industrial components subject to the Vienna Convention of Sale of Goods (CISG) and New Jersey law. The dispute involved complex issues of conflict of laws and conflict of forum. 
  • Representation of a large number of international and Spanish banks in more than 25 different civil and commercial litigation cases in all stages of the proceeding (first instance, appeal, cassation, enforcement, interim measures) before several regions of Spanish jurisdiction. 
  • Representation and strategic advice to a Latin American businessman in several interim and injunction measures submitted across various seeking the protection of his assets in a large corporate battel against a private equity and an investment fund. 
  • Representation of a Spanish Y businessman in a corporate battle with multiple actions submitted in the US, the Netherlands and Spain courts in relation to the management of a company and the compliance with a shareholder’s agreement pertaining that company.  
  • Advised a Sovereign State in relation to the filing of several type of injunctions in various jurisdictions seeking at protecting its assets against enforcement proceedings sought by various companies and investment funds.  

 

by gncilaw.com

Commercial Arbitration

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  • Successful representation of a Spanish manufacturing company against a Moroccan commercial counterparty in a Paris-seated International Chamber of Commerce (ICC) arbitration arisen out of breaches of two contract for the sale of goods subject to Spanish and Moroccan Laws.  The arbitration involved large discussions on complex issues of joinder and conflict of laws. Our client was awarded the totality of damages claimed and 90% of the arbitration costs.  
  • Successful representation of a Spanish Shareholder against another shareholder in a Madrid-seated Spanish Arbitration Court dispute regarding violations of a shareholder’s agreement subject to Spanish Law, where redemption of shares were claimed among other specific measures.  
  • Successful representation of a group Spanish companies in an expedited Spanish Arbitration Court dispute arising out of a several breaches of a shareholder’s agreement subject Spanish Law.  
  • Successful representation of a financial services company against various funds and financial advisors in several Madrid Court of Arbitration disputes arisen out of breaches shareholder agreements.   
  • Successful representation of a Spanish Company against a multinational water company in a post M&A Chilean Arbitration Court related to the sale of a utility in Latam.  
  • Representation of a Korean company against a large multinational corporation in a Madrid-seated Spanish Arbitration Court dispute regarding the alleged breach of an agency contract subject to Spanish Law. 
  • Representation of a Spanish state-owned company against a country in Latin America in a dispute arising out of an infrastructure project.  
  • Representation of a Spanish energy company against a Nigerian energy company in a London-based dispute arising out of several breaches of an agreement for oil trading subject to UK Law. 
  • Representation of a Colombian state-owned entity oil company against a cargo company in a London-seated International Chamber of Commerce dispute arising out of a breach of a cargo agreement subject to UK Law. 
  • Representation of a Spanish engineering company against a Middle East State-owned company in Qatar-seated Middle East Arbitration Court in relation to a breach for the construction of an energy plant in Qatar. 
  • Representation and advise of various Central American companies against several American investment banks and funds in a USA-based Arbitration disputes arising out of the sale of a company and a shareholders agreement subject to New York Law.  
  • Representation of a Spanish company against a US company in a USA-based IDCR arbitration in relation to a supply agreement subject to California Laws.

 

by gncilaw.com

Negotiation & Mediation

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  • Representation of a Spanish founder of a in a London-based mediation regarding a ship-building dispute in London.  
  • Successful representation of a Spanish investor in settlement negotiations with a Latin American State regarding a UNCITRAL investment arbitration pertaining the energy sector.  
  • Successful representation of a Central America State in the negotiation of a ICSID investment arbitration settlement agreement pertaining the energy sector in that Central American State. 
  • Successful representation of the founder of a company against the private equity investor in that company in the negotiation of settlement agreement related to a controversy arisen out of breaches of a shareholder’s agreement. 
  • Successful representation of the seller against a multinational water company in a post M&A controversy related to the sale of a utility in Latam.  
  • Successful representation of a Latin American energy company in the settlement of a dispute arisen out of an infrastructure dispute in Latam.  
  • Successful representation of two energy and infrastructure companies in the negotiation of a sanction process  with the World Bank.  
  • Successful representation of a Spanish an oil company in a mediation against a UK provider in relation to damages arisen out of a trust.  
  • Representation of a party in several negotiations pertaining M&A transactions. 

 

by gncilaw.com