Arbitrations under Bilateral Investment Treaties (BITs)

It is possible to see the nature and overall level of our experience in arbitration, through specific examples of information in the public domain regarding arbitrations in which we have played an active role; See the italaw website for example.

• We served as counsel to the Republic of Zimbabwe (see, for example, the Global Arbitration Review website) in the ICSID proceeding in Paris initiated by Bernardus Henricus Funnekotter and others (Claimants) (ICSID CASE NO. ARB / 05/6) also known as the "Dutch Farmers' case" (see the World Bank website).We pleaded the case before the Tribunal composed of H.E. Judge Gilbert Guillaume, President, Dean Ronald A. Cass, Arbitrator and H.E. Mr. Mohammad Wasi Zafar, Arbitrator. (See the italaw website).
• Principal counsel representing the State of Zimbabwe in ICSID Arbitration Bernhard von Pezold and Others v. Republic of Zimbabwe (ICSID Case ARB/10/15). We defended the case before the Tribunal, composed of L. Yves Fortier, President, Michael Hwang, Arbitrator and David A.R. Williams, Arbitrator (see the World Bank website).
• Principal counsel representing the State of Zimbabwe in ICSID Arbitration Border Timbers Limited, Timber Products International (Private) Limited and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case ARB/10/25 ). We defended the case before the Tribunal, composed of L. Yves Fortier, President, Michael Hwang, Arbitrator and David A.R. Williams, Arbitrator (see lhe World Bank website).
• Principal counsel representing the State of Zimbabwe in proceedings to annul the award in the ICSID case Bernhard von Pezold and Others and Others v. The Republic of Zimbabwe (ICSID Case No. ARB/10/15) - annulment proceedings (See the italaw website).
• Principal counsel representing the State of Zimbabwe in proceedings to annul the award in the ICSID case Border Timbers Limited and Others v. The Republic of Zimbabwe (ICSID Case No. ARB/10/25) - annulment proceedings the italaw website).
• In an ICSID case concerning expropriation of a bank in North Africa, Philip Kimbrough worked as the attorney alongside an academic team that represented the Arab investor during the phase of proceedings that established ICSID jurisdiction.
• Preparation of an application to institute ICSID arbitration proceedings on behalf of a company that bought industrial infrastructure installed in its country (not in that of the respondent) against an Eastern European State, further to two ICC arbitration awards favorable to the claimant, not settled by the emanation of the Eastern European State.
• Analysis of the concept of "investment" as a necessary basis for the ICSID jurisdiction of a Hong Kong company in a dispute with the Government of Sri Lanka.