EXPERIENCE

Daniel’s representations include:

• A leading European energy company in an International Chamber of Commerce (ICC) arbitration in Paris against a European liquefied natural gas (LNG) supplier, arising from an LNG sale and purchase agreement with New York law applied;
• Sanofi in an ICC arbitration in Geneva initiated by German pharmaceutical company Boehringer Ingelheim in a dispute arising from an acquisition concerning liability related to third party claims with Swiss law applied. The tribunal fully dismissed the claims against Sanofi seeking indemnification for potential losses in connection with ongoing mass tort litigation in the United States;
• A leading Central American energy generator in an International Centre for Dispute Resolution arbitration against another Central American company, involving contractual breaches under a power purchase agreement and allegations of force majeure, impossibility and frustration of purpose, with New York law applied;
• A North American subsidiary of European energy companies in an ICC arbitration in New York initiated by a North American energy company, disputing the implementation of a put option agreement under New York law;
• A North American company and its Latin American subsidiary in an ICC arbitration in New York initiated by a Latin American construction contractor, concerning an engineering, procurement and construction contract for a power plant construction in Latin America under New York law;
• Cairn Energy PLC in a United Nations Commission on International Trade Law (UNCITRAL) arbitration against the Republic of India under the UK-India Bilateral Investment Treaty, challenging retrospective tax measures, resulting in a unanimous tribunal ruling that India had breached its treaty obligations and awarding damages of $1.2 billion plus interest and costs;
• A European life sciences company in an arbitration brought by a European chemical company seeking indemnification under a share purchase agreement, with German law applied. The Tribunal dismissed the $700 million claim against his client in its entirety and the client’s legal costs were recovered;
• Egyptian Natural Gas Holding Company in multiple arbitrations involving Spanish Egyptian Gas Company and Union Fenosa Gas, with claims exceeding $4 billion under English and Egyptian law, resulting in the dismissal of all claims in ICC and Cairo Regional Centre for International Commercial Arbitration tribunals;
• A European energy company as seller in a long-term gas supply arbitration brought by another European energy company, with Algerian law applied and over $1.3 billion at stake;
• EDF International in an ICC arbitration in Zurich initiated by a company owned by the German state of Baden-Württemberg, disputing the acquisition of EDF's stake in a local energy company and raising complex EU law issues under German law; and EDF as claimant in a UNCITRAL arbitration against the Republic of Hungary, arising from the termination of power purchase agreements during electricity sector privatization, with claims brought under the international Energy Charter Treaty;
• A North American agribusiness company in an ICC arbitration initiated by European agribusiness companies, concerning rights of use for proprietary biotechnology under French law; and
• The majority shareholders of the former Yukos Oil Company in connection with enforcement proceedings before U.S. courts for $50 billion in awards related to unlawful treatment and expropriation of investments in Yukos.