Mannheimer Swartling’s dispute resolution team has a number of lawyers specializing in investment treaty arbitration under bilateral investment treaties and the Energy Charter Treaty. The firm possesses outstanding expertise and experience in this field.
As counsel and arbitrators in international investment arbitrations, we have appeared before the major arbitration institutions in the world featuring in investment disputes, including ICSID in Washington D.C. and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), as well as conducting investment treaty arbitrations administered by the Permanent Court of Arbitration in The Hague and public international law claims before the Iran–US Claims Tribunal. We also have extensive experience of ad hoc arbitrations under the UNCITRAL Arbitration Rules.
The specialist group of lawyers handling the firm’s investment arbitration matters is headed by Professor Kaj Hobér. Professor Hobér has extensive experience from international arbitrations and investment arbitration. He is currently a court member of the London Court of International Arbitration and has previously served as Chairman of the International Bar Association’s sub-committee on investment arbitration. Professor Hobér has previously been a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce for 17 years. He has been active in international arbitrations for over 25 years and has appeared as counsel or arbitrator in more than 300 international arbitrations.
Partner Jakob Ragnwaldh has extensive experience from international arbitrations and investment arbitration. He has acted as counsel in several arbitrations under bilateral investment treaties as well as under the Energy Charter Treaty. He is a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce.
Other members of the group include partners Fredrik Andersson and Dr. Nils Eliasson. Both have extensive experience from international arbitrations and have acted as counsel on a number of investment arbitrations.
Sample of assignments in the field of investment treaty arbitration
Current and completed assignments for the firm and its lawyers in the field of investment treaty arbitration include, inter alia:
- Counsel for the Republic of Hungary in an investment arbitration under the Energy Charter Treaty and the UNCITRAL Arbitration Rules. The claimant is the French energy company E.D.F. International S.A. (PCA Case No. 2009-13).
Counsel for Vattenfall AB, Vattenfall Europe AG and Vattenfall Europe Generation AG & Co. KG in ICSID proceedings under the Energy Charter Treaty against the Federal Republic of Germany (ICSID Case No. ARB/09/6).
- Counsel for Rail World LLC, et al in an ICSID case against the Republic of Estonia (ICSID Case No. ARB/06/06).
- Counsel for two Polish companies, Cementownia “Nowa Huta” S.A. and Europe Cement Investment and Trade S.A., in ICSID arbitrations against the Republic of Turkey (ICSID Cases No. ARB (AF)/06/2 and ARB (AF)/07/02).
- Counsel for Klöckner Industrie-Anlagen GmbH and the Republic of Indonesia, respectively, in annulment proceedings at ICSID, viz., Klöckner v. United Republic of Cameroon and Amco v. the Republic of Indonesia (ICSID Cases No. ARB/81/2 and ARB/81/1, respectively), and in the subsequent arbitration between Amco and the Republic of Indonesia.
- Counsel for Mr. Franz J. Sedelmayer in the first investment arbitration against the Russian Federation.
- Counsel for AMTO against the Ukraine in an investment arbitration under the Energy Charter Treaty and the SCC Rules (SCC Case No. 80/2005)
- Counsel for a US investor in a case relating to a large oil refinery in Kazakhstan under the US-Kazakhstan BIT (SCC case No. 122/2001)
- Counsel for Nykomb Synergetics, against the Republic of Latvia, in the first arbitration leading to an award under the Energy Charter Treaty (SCC Case No. 118/2001).
- Counsel for two Italian claimants. in an investment arbitration against the Russian Federation under the Russian Federation – Italy BIT.
- Counsel for RosInvestCo UK Ltd in an investment dispute under the United Kingdom – Russian Federation BIT against the Russian Federation (SCC Case No. V079/2005).
- Counsel for the Republic of Kazakhstan in an investment arbitration under the USA – Kazakhstan BIT against Biederman International Inc. (SCC Case No. 97/1996).
- In addition, we have acted for several US oil companies, including Mobil, Exxon, Conoco, Phillips and Sun, in their expropriation claims against Iran before the US-Iran Claims Tribunal in the Hague. We have also represented BP in a related claim against Iran. All the oil companies had long term concession agreements, which were terminated by Iran.
We have also acted as arbitrator – party-appointed, as well as chairman – in several investment arbitrations.