Paul Friedland

Insurance

Representation of an insurance company in the energy industry in ad hoc arbitration in London governed by New York law brought by a Canadian energy company over the destruction of a gas field in the Middle East. Issues included whether the policy's war exclusion clause excludes recovery, sanctions, and if there was actual loss. Complete victory for client.

Representation of an insurer in a dispute arising out of MTBE liability. Complete victory for client on the basis of a notice defense.

Representation of an insurance company in the energy industry in ad hoc arbitration in London governed by New York law arising out of the sinking of an oil tanker. Complete victory for client, including costs, against reinsurers who had denied coverage.

Power & Energy

ICC arbitration in New York between a US energy company and a Latin American company (client) over an unpaid bonus in connection with a pipeline project in Colombia. Colombian law applied. Complete victory for our client.

Representation of energy industry insurer in multiple coverage cases, including disputes arising from MTBE pollution, a dispute concerning the meaning of "physical loss", a dispute regarding the insurability and quantum of damage to a coal mine, a dispute regarding applicability of the war exclusion to strife in the Middle East, a dispute regarding reinsurability of a settlement, and a dispute regarding liability arising from environmental harm. Repeated awards in favor of our client.

Post-acquisition ICC arbitration in New York, governed by New York law, arising out of the purchase by our client of power plants in Asia and involving breaches of representations and warranties and a price adjustment clause.

ICC arbitration in New York between a Latin American oil services company in dispute with a joint venture partner over the operation of two drilling rigs, and involving parallel proceedings in the US, Brazil and the BVI.

Gaming, Retail & Food

Obtained an AAA award in favor of the State of New York, with revenue impacts to local communities exceeding $1 billion, arising from a dispute over revenue sharing under a gaming compact.

Victorious award obtained on behalf of client in an ICC case in New York involving tax and accounting issues arising out a duty free business in South America.

ICC arbitration in New York between two Latin American companies arising out of the sale of a retail business. Concluded by amicable settlement.

ICDR arbitration in New York between a US food cooperative and an Italian food company (client) over the marketing of food products in the US. Concluded by amicable settlement.

Technology & Telecommunications

Represented Toshiba in three ICC arbitrations relating to the sale of Toshiba's US$18 billion memory chip business. Achieved a procedural victory that allowed the sale to close and the disputes to settle.

Representation of a Swedish investor in an ICC case concerning the privatization of the telecommunications sector of an E. European nation. Concluded by amicable settlement.

ICDR arbitration, governed by New York law and seated in New York, concerning performance of sapphire furnaces in South-East Asian high-tech zone. Complete victory for our client.

Mining & Metals

Three cases (two LCIA and one ICC), governed by English law and seated in London and Zurich, concerning bauxite/alumina supply contracts. Concluded by amicable settlement.

ICC arbitration (discovery phase) concerning gold mining in the Congo. Concluded by amicable settlement.

Ad hoc arbitration, governed by New York law, concerning coal mining operations. Concluded by amicable settlement.

Representation of a major international mining company in relation to international claims against the DRC arising out of changes to the state's tax regime.

Representation of a Canadian junior mining company regarding arbitration and treaty protection rights under six mineral exploration agreements with the Government of Liberia.

Investor/State Cases

Representation of a US-based independent power producer in an ICSID arbitration against the Government of Grenada arising out of certain regulatory changes in the electricity sector. (GPP v. Grenada). Complete victory for our client, including costs.

Representation of the Republic of North Macedonia in two ICSID disputes, one arising out of the bankruptcy of a nickel mine and smelter project, and the other arising out of the termination of the concession for the exploitation of a gold and copper mine. (Cunico v. North Macedonia, Skubenko v. North Macedonia). Ongoing.

Representation of the Kingdom of Saudi Arabia in an ICSID case arising out of a construction project in Saudi Arabia. (Samsung v. KSA). Complete victory for client.

Representation of SGS Société Générale de Surveillance in a groundbreaking ICSID arbitration against the Government of Paraguay involving the interpretation of the "Umbrella Clause". A complete victory for SGS.

Representation of the investor in a multi-phase ICSID case that created numerous precedents for ICSID arbitration and for international public and private law. (Amco Asia v. Indonesia).

Obtained dismissal plus costs on behalf of Bulgaria in an ICSID case involving the operation of an oil refinery brought under the Energy Charter Treaty and relevant BIT. (Plama v. Bulgaria).

Representation of Indonesia in the first ICSID case where jurisdiction was premised upon the ASEAN Treaty. (Cemex v. Indonesia).

Representation of Sri Lanka in a case dismissed on the finding that a pre-investment did not constitute an investment. (Mihaly v. Sri Lanka).

Representation of Sri Lanka in the first ICSID case brought under a bilateral investment treaty. (AAPL v. Sri Lanka).