Investor-State Arbitration Experience
The following is a list of representative cases Hunton & Williams’ International Arbitration and Transnational Litigation team has handled before the International Centre for Settlement of Investment Disputes (ICSID):
- Standard Chartered Bank (Hong Kong) Limited (SCB HK), as Assignee from Independent Power Tanzania Limited (IPTL) v. Tanzania Electric Supply Company (TANESCO), ICSID ARB/10/20 (filed September 2010, pending) (Arbitrators: Donald McRae (President), Zachary Douglas, Brigitte Stern). Hunton represented TANESCO in a claim filed by SCB HK as the alleged security assignee of IPTL under a Power Purchase Agreement (“PPA”) to collect disputed capacity payments from TANESCO on the IPTL power plant located in Dar es Salaam, Tanzania. In a Decision on Jurisdiction and Liability issued 12 February 2014 and published on the ICSID website, the Tribunal found TANESCO had been overcharged and ordered that the parties confer on recalculating and reducing the tariff. The Tribunal further held it did not have jurisdiction to enter a money judgment in favor of SCB HK.
- Standard Chartered Bank (SCB) v. The United Republic of Tanzania, ICSID ARB/10/12 (filed May 2010, Final Award rendered 2 November 2012) (Arbitrators: William Park (President), Michael Pryles, Bart Legum). Hunton successfully represented the Government of Tanzania in an investment arbitration filed by Standard Chartered Bank (SCB). SCB claimed Tanzania expropriated a 100 MW power plant, the senior debt of which was owned by SCB’s subsidiary, Standard Chartered Bank Hong Kong (SCB HK). SCB asserted jurisdiction against Tanzania under the UK-Tanzania bilateral investment treaty (BIT). Tanzania filed an objection to jurisdiction, and on 2 November 2012, the Tribunal unanimously sustained Tanzania’s objection under the UK-Tanzania BIT and dismissed the arbitration. The Final Award is published on the ICSID website, and is currently the subject of an annulment proceeding.
- Tanzania Electric Supply Company Limited (TANESCO) v. Independent Power Tanzania Limited (IPTL), ICSID ARB/98/8 (Interpretation Proceeding) (filed June 2008, discontinued August 2010) (Arbitrators: Kenneth Rokison (President), Andrew Rogers, Charles Brower, Makhdoom Ali Khan (replacing Mr. Brower following his resignation)). This was only the second Interpretation Proceeding filed in the history of ICSID, and is unique in that it was filed 7 years after the Final Award in ICSID ARB/98/8. After the original Tribunal from ICSID ARB/98/8 was re-constituted, TANESCO filed a jurisdiction challenge to IPTL’s authority to maintain the proceeding. Before the authority issue was resolved, the case was stayed by consent of the parties following the appointment in Tanzania of a provisional liquidator for IPTL. The arbitration was subsequently discontinued by IPTL pursuant to ICSID Arbitration Rule 44. The procedural history of the case is published on the ICSID website.
- Independent Power Tanzania Limited (IPTL) v. The United Republic of Tanzania, filed July 2008. IPTL filed a Request for Arbitration seeking to enforce the payment guaranty of the Government of the United Republic of Tanzania for the obligations of its wholly-owned electric utility, TANESCO. Hunton represented Tanzania in objecting to registration of the Request for Arbitration. The Request was not registered while TANESCO’s similar objection to IPTL’s authority was being considered by the Tribunal in the Interpretation Proceeding, ICSID ARB/98/8, described above. The Request for Arbitration was withdrawn by IPTL in August 2010 when the Interpretation Proceeding was discontinued.
- Hrvatska Elektroprivreda d.d. v. Republic of Slovenia, ICSID ARB/05/25 (filed 2005, pending) (Arbitrators: David A.R. Williams (President), Charles N. Brower, Jan Paulsson). Hunton & Williams was selected to represent the national power company of the Republic of Croatia, Hrvatska Elektroprivreda d.d. (HEP) in an ICSID arbitration filed against the Republic of Slovenia concerning the Krsko Nuclear Power Plant. HEP asserts claims under the Energy Charter Treaty of 1998, and a 2001 Treaty between Croatia and Slovenia, seeking damages for Slovenia’s failure to restore power deliveries to HEP from the power plant. The ICSID Tribunal issued a ruling finding that Slovenia had violated the 2001 Treaty and the case is pending a hearing on damages upon completion of a report of an independent expert. Three decisions of the Tribunal are published on the ICSID website.
- CIT, Inc. v. Republic of Argentina, ICSID ARB/04/9 (filed 2004, discontinued 2009) (Arbitrators: Pierre-Marie Dupuy (President), Claus Von Wobeser, Christian Tomuschat). CIT filed a claim in excess of $100 million as a result of the "pesification" of foreign debt obligations in Argentina after Argentina legislatively revoked the Dollar-Peso peg in the year 2000. Like numerous other foreign investors in Argentina, the value of CIT’s leasing operations were reduced by approximately two-thirds following devaluation. The case was eventually discontinued voluntarily by CIT.
- Tanzania Electric Supply Company Limited (TANESCO) v. Independent Power Tanzania Limited (IPTL), ICSID ARB/98/8 (filed November 1998, Final Award July 2001) (Arbitrators: Kenneth Rokison (President), Andrew Rogers, Charles Brower). Hunton successfully represented TANESCO in reducing the cost of IPTL’s 100MW power plant located in Dar es Salaam, Tanzania. The Final Award reduced the cost of the power plant from a claimed $163.5 million to $127.2 million, resulting in a reduction of the monthly capacity charge for electricity by approximately 25%. The Final Award and all the interim decisions are published on the ICSID website.
Commercial Arbitration Experience
The International Arbitration and Transnational Litigation team at Hunton & Williams has successfully managed the arbitration process worldwide in a cost-effective and efficient manner. The following is a list of our representative commercial arbitration experience.
International Chamber of Commerce Court of International Arbitration (ICC)
- ICC arbitration in Paris, filed 2014. Hunton & Williams filed a claim for a Beirut-based hotel development company against a major international hotel operator as a conservatory measure arising from a ruling of the Cour d’Appel in a related arbitration.
- ICC arbitration in Geneva, filed 2012. Hunton & Williams represents a financial institution against claims arising out of the claimants’ investments in a Bahamian fund and disputes involving a proposed credit facility.
- ICC arbitration in London, filed 2011. Hunton & Williams is lead counsel to French and Canadian interests in a dispute involving Joint Operating Agreements and preemptive rights respecting a hydrocarbon concession in Colombia.
- Advising an Italian office equipment manufacturer respecting dispute involving distribution contracts in Argentina, Brazil and Mexico with contracts requiring ICC arbitrations seated in New York and Miami, Florida.
- ICC arbitration in Paris, filed 2010. Hunton & Williams filed a claim for a Beirut-based hotel development company against a major international hotel operator for wrongful termination of management agreement.
- ICC arbitration in New York, filed 2009. Hunton & Williams represented patent holder involving dispute over patent license agreement.
- ICC arbitration in Paris, filed 2005, Hunton & Williams represented a hotel development company against a major international hotel operator involving claims of mismanagement, improper charges to accounts, and breach of management agreement. Final Award in favor of Hunton’s client in June 2009. Subsequent annulment action by international hotel operator challenging final award dismissed by Cour d’Appel in Paris in September 2010.
- ICC arbitration in London, filed 2004. Hunton & Williams represented state-owned petroleum company in Africa in a dispute involving crude oil supply agreements.
- ICC arbitration in Paris, filed 1999. Hunton & Williams represented a hotel development company against international hotel operator in claim involving market positioning and management issues, including counterclaims for breach of hotel management agreement. Final award rendered in favor of Hunton & Williams’ client in 2003.
- Advising Singapore telecom company respecting ICC arbitration related to cyber security dispute involving hacking of servers.
Panama Chamber of Commerce Arbitration
Spanish language arbitration before the Centro de Conciliación y Arbitraje de Panamá, filed 2012. Hunton & Williams is representing a consortium of contractors over various claims for work related to a major infrastructure construction project in Panama, including advising client with respect to bilateral investment treaties.
London Court of International Arbitration (LCIA)
- LCIA arbitration in London, filed 2010. Hunton & Williams represented as lead counsel a syndicate of private equity funds respecting an investment in a large Nigerian commercial bank. The dispute involved a Subscription Agreement for securities involving more than $70 million.
- LCIA arbitration in London, filed 2003. Hunton & Williams represented an international private equity fund respecting an investment in an African telecom company. The dispute concerned enforcement of a stock purchase and sale agreement for over $200 million.
American Arbitration Association (AAA)/International Centre for Dispute Resolution (ICDR)
- ICDR arbitration in New York, filed 2012. Represented U.S. and UK affiliated entities in a dispute with a former U.S. affiliate over amounts owed under a post-demerger tax sharing agreement. Claim for $170 million.
- AAA arbitration in Washington, DC, filed 2009. Hunton & Williams represented a tenant in a construction dispute involving a large commercial office building in Washington, DC owned by foreign sovereign state investment fund.
- AAA construction arbitration in Washington, DC. Hunton & Williams represented Austrian franchisee against US franchisor concerning franchise rights in Eastern Europe.
- SIAC arbitration in Singapore, filed in 2007. Hunton & Williams represented the purchaser of an airship (blimp) in a dispute concerning its airworthiness and failure to conform to contract requirements.
Ad Hoc Arbitrations
- Ad hoc arbitration in London under English Arbitration Act, filed 2011. The dispute concerned an insurance coverage dispute where insurer sought to rescind policy for alleged non-disclosure on policy application.
- Ad hoc arbitration under AAA Rules in Washington, DC, filed 2004. Hunton & Williams represented the owner/operator of an independent power producer in a dispute involving the application and interpretation the Pennsylvania, New Jersey, Maryland regional transmission organization reserve shutdown rules. These issues included whether a facility was experiencing outages when major and minor equipment repairs and inspections where performed by the owner in periods when the facility was not dispatched for operation.
- Ad hoc arbitration filed AAA Rules in Washington, DC, filed 2003. Hunton & Williams represented the owner/operator of a 700 MW combined cycle electric generating facility in a dispute concerning its Power Purchase Agreement.