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Metals & Mining
International Arbitration Experience
- Expropriation Dispute - Advised a multinational consortium of aluminum producers as Claimants in an ad hoc arbitration in Geneva against an African state. The applicable law was French, as was the language of the arbitration. The dispute concerned expropriation of the Firm’s clients’ interests in the defendant State and non-performance of a shareholder agreement.
- Feasibility Study Dispute - Advised Argosy, Inc. and Balzan Investment Ltd. as Respondents in an ICC arbitration in Paris initiated by NN Investment Holding SA. The dispute arose out an agreement to conduct a feasability study concerning minerals treatment and production in New Caledonia. French law applied and the language of the proceedings was English. Favorable settlement was achieved.
- Mining Joint Venture Dispute - Advised a multinational mining corporation in a dispute subject to ICC arbitration proceedings in London arising from a mining joint venture. Laws of Western Australia applied. Sums involved amounted to $1.6 billion. Early settlement was reached.
- Privatization Dispute - Advised a European industrial group against a European company in an arbitration under the auspices of the International Arbitral Centre of the Federal Economic Chamber of Vienna. Austrian and Hungarian laws applied, and German was the language of the arbitration. The client was defending a claim arising from the privatization of a Hungarian company and settlement was reached after the exchange of written pleadings.
- Sale of Majority Stake Dispute and Alleged Improper Pre-bid Arrangements - Advised Latin American parties as Respondents in a AAA arbitration in New York initiated by a North Asian company. The dispute, governed by Brazilian law, arose from the sale by the Respondents of their majority stake in a large Latin American iron ore producer to the Claimant. The counterclaim involved allegations of improper pre-bid arrangements by the Claimant in the course of the auction that preceded the sale. The amount of the counterclaim was in excess of $150 million.
- Alleged Non-Compliance with Shareholder Pre-Emption Rights - Advised four metal companies as Respondents in an ICC arbitration in Paris initiated by a North American investment company and its principal shareholder. Turkish law applied. The dispute arose from the alleged non-compliance with shareholder pre-emption rights. An early settlement was reached.
- Construction Contract Dispute - Advised a North American company as Respondent in an ICC arbitration in Geneva brought by an Asian mining company. The dispute arose from a construction contract. The applicable law was Indian law and the proceedings were heard in English.
- Contract Dispute - Advised a North American metals company as Claimant in both a AAA arbitration in New York against a North American contractor and an ICC arbitration in New York against a European industrial company. The disputes arose from a contract for the reline of a blast furnace. The governing law was the law of the State of Pennsylvania and the language of the proceedings was English. Over $300 million was at stake.
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