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).

News

Elie Kleiman appointed Managing Partner for the Freshfields Paris office View

Freshfields scores major win in Energy Charter Treaty arbitration View

Briefings

Hong Kong ICC award set aside for procedural irregularity  View

Investments in Libya: potential claims under bilateral investment treaties and political risk insurance policies  View

Awards

Regulatory team of the year - JUVE Awards (2009)

Dispute resolution law firm of the year - JUVE Awards (2008)

View all awards