International Trade and Business Law
The American and British “Rule of Law Perspective” — in which property-rights are clearly established and business negotiations produce a contract enforced by an independent judiciary — is barely developed in most countries. Title issues arise when concessions or property rights are being transferred, especially when the government is a successor to the one that nationalized the property decades ago. “Resource Nationalism” competes with evolving regulatory regimes that many countries adopt as conditions for IMF, World Bank and other authorities’ financial aid or restructuring of their debts. Doing business in most countries — especially those in transition from Socialism — requires not only legal representation, but also matching a sound economic proposal with the political support to enforce it.
- Represent European investors in a Central Asian energy project on matters involving its Central Bank.
- Represented joint venture of Chicago Mercantile Exchange members in investment dispute with refinery in Nicaragua. Identified Overseas Private Investment Corporation (OPIC) loan guarantees benefiting associated parties and made country’s Ambassador aware of potential restrictions on foreign assistance and impact on the country’s trade status if refinery owner did not submit international arbitration.
- Obtained participation of key partners for the Tender of an LNG Terminal and project assessment in the Republic of Ukraine and negotiated changes in terms to reflect shifting government priorities.
- Represented consortium of technical experts seeking to replace Ignalina Nuclear Power Station in Lithuania, pursuant to conditions of European Bank for Reconstruction & Development (EBRD) loans.
- Represented joint venture partners of Government of Nigeria in marketing 2 million barrel allotment of Bonny Light Crude Oil.
- Represented Argentina-based petroleum firm seeking concessions for oil and gas exploration in the former Soviet Republic of Moldova.
- Advised President of El Salvador on accession into NAFTA for Caribbean Basin Initiative.
- Advised U.S.-Russian joint venture employing Russian military technologies to enhanced oil recovery.
- Provided confidential analysis to British affiliate of $1.15 Trillion Investment Fund on likely actions in U.S. Bankruptcy Court proceedings involving the Yukos oil company.
- Provided confidential advice on legal and political issues to $14 Billion investment banking firm interested in the Russian Government’s prosecution of Yukos oil company.
- Provided confidential advice on legal claims and political issues to $3.5 Billion Hedge Fund interested in the LUKoil and Kazakh Government's environmental damage claims against the Canadian company, PetroKazakhstan, Inc.
- Advised World Bank in extension of econometric model developed in Moldova to Ukraine for the targeted reduction of energy subsidies.
- Represented major IT consulting firm in obtaining export licenses for high-speed computers to countries on the “Control List” for technology transfers.
- At the direction of the Secretary of Energy, provided de novo review to all Section 810 Applications seeking export of dual-use technologies capable of use in both civilian and military nuclear programs.
- Participated in efforts to resolve dispute between the United States and Japan over production of highly-enriched Xenon 124 gas centrifuge technology for the production of Iodine 123, used as a tracer in brain imaging, but also capable of enriching plutonium to weapons-grade.