Latin America

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

Investor-state disputes

  • Eni Dacion, 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;
  • ConocoPhilipps, in an ICSID arbitration against Venezuela pursuant to the Dutch/Venezuela bilateral investment treaty following expropriation of COP's extra heavy crude oil interests in Venezuela's Orinoco Belt;
  • the Vestey Group in an ICSID arbitration against Venezuela pursuant to the UK/Venezuela bilateral investment treaty in connection with the expropriation of its farm land holdings, successfully settled through payment of compensation by the state;
  • 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 US$ 150 million against Argentina in May 2005, which was upheld following annulment proceedings in September 2007;
  • BG Group plc in an arbitration against Argentina under the UNCITRAL rules in connection with the expropriation of its participation and operation of the gas distributor of the city of Buenos Aires pursuant to the UK/Argentina bilateral investment treaty. Now pending a decision on the merits;
  • National Grid plc in an arbitration against Argentina under the UNCITRAL rules in connection with the expropriation of its participation in the high voltage electricity network in Argentina pursuant to the UK/Argentina bilateral investment treaty. We won the jurisdictional phase of the arbitration and it is now pending a decision on the merits;
  • TOTAL SA, in an ICSID arbitration against Argentina in connection with its investments in exploration and production, electricity generation and gas transportation pursuant to the France/Argentina bilateral investment treaty. We won the jurisdictional phase of the arbitration and it is now pending a hearing on the merits;
  • Suez Environnement in a potential claim against Bolivia arising from a dispute in connection with its water concession, pursuant to the France/Bolivia bilateral investment treaty, successfully settled through payment of compensation by the state;
  • Several energy multinationals in potential arbitrations against Bolivia in respect of changes to the hydrocarbons legislation pursuant to various bilateral investment treaties, successfully settled through migration to a new hydrocarbons regime;
  • 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

  • Quiñenco, a Chilean conglomerate, in a multimillion dollar Spanish language ICC arbitration in New York under Chilean law involving a dispute with a German group for the control of the leading beverage company in Chile;
  • an Italian telecoms company in four parallel ICC arbitrations under Brazilian law concerning the control of one of the three Brazilian fixed line telecoms companies;
  • a multinational tobacco company in a Spanish language AAA arbitration in Paris against a South American tobacco company over a licensing agreement for the manufacture and sale of tobacco in Peru;
  • an international consoritum in ICC arbitration proceedings in Geneva over disputes concerning the construction of a 700km gas pipeline in Peru;
  • a partially privatised Latin American telecommunications company in a Spanish language ICC arbitration against a Latin American bank (seat Paris, Mexican law).

News

Freshfields announces new counsel appointments View

Senior management faces increased scrutiny as a result of FSA executive pay guidelines View

Briefings

The new DIFC Arbitration Law  View

A new collective action, English-style?  View

Awards

Commercial Arbitration Law Firm of the Year - Who's Who Legal (2008)

Competition/Regulatory Team of the Year - Lawyer Awards (2008)

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