Arif H. Ali

Select Experience as Counsel

Disputes between States and Foreign Investors

• The investor in Asiaphos Limited and Norwest Chemicals Pte Limited v. The People’s Republic of China (ICSID Case No. ADM/21/1), in which claims are asserted under the Singapore-China bilateral investment treaty for the expropriation of claimants’ multi-million dollar mining sector investments as well as other breaches of the treaty and international law. The seat of the arbitration is Geneva, Switzerland.
• The investor in MOL Hungarian Oil and Gas Company v. Republic of Croatia (ICSID Case No. ARB/13/32), in which claims are asserted under the Energy Charter Treaty for the unfair and inequitable treatment and expropriation of MOL’s multi-billion dollar oil and gas sector investments in Croatia.
• MOL Hungarian Oil and Gas Company in PCA Case No. 2014-15, an UNCITRAL arbitration brought by the Republic of Croatia to terminate shareholder and gas master agreements with MOL based on allegations of corruption. The seat of the arbitration is The Hague, the Netherlands. Croatian law governs.
• The State in WNC Factoring Limited v. The Czech Republic (PCA Case No. 2014-34-UNCITRAL), in which claims were asserted under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Czech and Slovak Federal Republic for the Promotion and Protection of Investments for unfair and inequitable treatment and expropriation of the claimant’s investments in the Czech Republic to acquire the shares of a state-owned enterprise in a privatization. The seat of the arbitration was The Hague, the Netherlands.
• The State in EDF International v. Hungary (PCA Case No. 2009-13), in which claims were asserted under the Energy Charter Treaty for the unfair and inequitable treatment and expropriation of EDF’s power sector investments as result of Hungary’s measures to give effect to EU state aid rules. The seat of the arbitration was The Hague, the Netherlands.
• A consortium of oil and gas companies in Pluspetrol Perú Corporation and others v. Perupetro S.A. (ICSID Case No. ARB/12/28) in a dispute arising out of the threatened termination of a gas supply contract for alleged failure to pay royalties. The seat of the arbitration was Washington, D.C. Peruvian law governed. The language of the arbitration was Spanish.
• The investor in Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12), one of the first arbitrations under the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR) and El Salvador’s foreign investment law. The dispute arose out of the government’s refusal to issue environmental and exploitation licenses.
• Duke Energy International in defending against the Republic of Peru’s request to annul the award in Duke Energy International Peru Investments No. 1 Ltd v. The Republic of Peru (ICSID Case No. ARB/03/28).
• The investor in Duke Energy International Peru Investments No. 1 Ltd v. The Republic of Peru (ICSID Case No. ARB/03/28), a dispute concerning the alleged breach by the government of a legal stabilization investment agreement, expropriation as a result of the improper assessment of various taxes, as well as the government’s unfair and discriminatory treatment of the investment in violation of international law.
• The investor in Duke Energy Electroquil Partners and Electroquil S.A. v. The Republic of Ecuador (ICSID Case No. ARB/04/19) under the US-Ecuador bilateral investment treaty and a specifically-negotiated submission agreement in connection with claims arising out of the breach of power purchase agreements.
• UEG Araucaria Ltda., a Brazilian joint venture company, in a Paris-based ICC arbitration against Companhia Paranaense de Energia Ltda., a state-owned utility, arising out of a long-term power purchase agreement and also involving issues related to the construction of the power plant. The seat of arbitration was Paris, France. Brazilian law governed.
• The investor in Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33), one of the first arbitrations under the US-Oman Free Trade Agreement, in which claims were raised for expropriation and unfair and inequitable treatment of the claimant’s investment in a limestone quarry.
• The investor in H&H Enterprises Investment Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15) in an ICSID arbitration under the US-Egypt Treaty for the Protection and Promotion of Investments. 
• A junior silver mining company in connection with its investment protection options for an investment in a Central American country.
• One of the world’s largest mining companies in a dispute against an Asian government and a state-owned mining company. The dispute involved claims under international investment treaties, an investment agreement, and the country’s foreign investment law.
• One of the world’s largest mining companies in a dispute involving a large iron ore deposit against an African government.
• One of the world’s largest precious metals mining companies in connection with potential ICSID arbitration proceedings against a Sub-Saharan African government. The representation involved significant political lobbying activities of various governments, as well of several multilateral financial institutions in an effort to resolve the dispute amicably.
• A Houston-based oil and gas company in UNCITRAL conciliation proceedings with a state-owned oil company relating to the state party’s demand for the renegotiation of the parties’ long-term production sharing agreement. The seat of the conciliation was Paris, France. French law governed.
• Banc of America Securities in connection with its efforts to enforce one of the first ever ICSID awards against the Government of Argentina.

Commercial Disputes

• A multinational mining company in ICC arbitration proceedings against a French contractor. The seat of arbitration was London, England. English law governed.
• A Spanish construction contractor in ICC arbitration proceedings against the Greek owner of an oil refinery. The seat of arbitration was Zurich, Switzerland. Greek law governed.
• A Bolivian company in ICC arbitration relating to the construction of a gas pipeline. The seat of the arbitration was Montevideo, Uruguay. Bolivian law governed. The language of the arbitration was Spanish.
• A Houston-based energy services company in ICC arbitration concerning the construction of a gas-fired power plant in Brazil. The seat of the arbitration was Houston, Texas. Texas law governed.
• A Houston-based energy services company in arbitration under the UNCITRAL arbitration rules relating to the breach of a power purchase agreement. The seat of arbitration was Miami, Florida. Guatemalan law governed.
• A multi-national hotel management company in ICC arbitration against a Dubai-based hotel owner. The dispute arose out of a hotel management agreement. The seat of arbitration was London, England. UAE law governed.
• A multi-national hotel management company in ICDR arbitration against the owner of an iconic hotel in Dublin, Ireland. The dispute arose out of the owner’s attempts to terminate the hotel management agreement. The seat of the arbitration was Dublin, Ireland. Irish law governed.
• A multi-national hotel management company in ICC arbitration against a Lebanese national relating to a hotel property located in Beirut. The seat of the arbitration was Paris, France. Lebanese and Maryland law governed.
• A multi-national hotel management company in ICC arbitration against a state-owned enterprise in connection with non-performance of a hotel management agreement. The seat of the arbitration was London, England. Jamaican law governed.
• Afilias plc in an ICDR arbitration with ICANN regarding the top-level domain .WEB. The proceedings were seated in California and Washington, D.C. International and California law governed.
• Dot Registry LLC in an ICDR arbitration against ICANN regarding the top- level domains .INC, .LLC and .LLP. The proceedings were seated in California and Washington, D.C. International and California law governed.
• DotConnect Africa in an ICDR arbitration against ICANN regarding the top-level domain .AFRICA. The proceedings were seated in Washington, D.C. International and California law governed.
• Employ Media LLC in ICC arbitration against ICANN relating to ICANN’s threatened termination of Employ Media’s registry agreement to operate the top-level domain .JOBS. The seat of arbitration was Los Angeles, California.
• ICM Registry in the first ever full Independent Review Proceeding against ICANN under ICDR Arbitration Rules regarding the .XXX sponsored top-level domain. This was the first decision to state that general principles of international law apply to the governance of the Internet. The proceedings were seated in Washington, D.C. 
• Amazon.com, Inc. in its dispute with ICANN regarding the top-level domain .AMAZON.
• Dot Gay LLC in its dispute with ICANN regarding the top-level domain .GAY.
• Dot Music LLC in its dispute with ICANN regarding the top-level domain .MUSIC.
• A U.S. office products retailer in connection with SIAC arbitration proceedings against an Indian party.
• An inter-governmental international organization in UNCITRAL arbitration proceedings against a South Asian company relating to procurement issues.
• An Egyptian company in Dubai International Arbitration Centre arbitration proceedings relating to a shareholder dispute.
• An Argentine claimant against a Chilean defendant in ICDR arbitration proceedings seated in Buenos Aires, Argentina, relating to a fee dispute governed by Argentine law.

Includes matters handled at Dechert or prior to joining the firm.

• Promoting Diversity, Equity and Inclusion Through Procedural Rules and Institutional Reforms – Istanbul, Turkey (March 25, 2022)
  
• International Investment Protection of Global Banking and Finance – Webinar (December 16, 2021)
• Demystifying Privilege - A Dechert Webinar Series - Part Three: Selecting the Law of Privilege in International Arbitration – Webinar (April 28, 2021)
• Demystifying Privilege - A Dechert Webinar Series - Part One: Key Types of Privilege and their Application in International Disputes – Webinar (March 17, 2021)
• An Introduction to SIAC: A Global Arbitration Institution – Webinar (October 26, 2020)
• New Rules for a New World: Will COVID-19 Make International Arbitration Better, Faster and Cheaper? – Webinar (September 30, 2020)
• Diversity and Inclusion in International Arbitration – The Tea on International Arbitration Podcast – (September 2020) Listen Here 
• What is the Right Response When Corruption is Found? – Washington, DC (February 19, 2019)
• Surveying Current Issues in Compliance and Enforcement of Arbitral Awards – The Consequences of Achmea – 35th ICSID/AAA/ICC Annual Joint Colloquium on International Arbitration – Washington, DC (December 7, 2018)
• Avoiding Investment Treaty Disputes & Defences of Investment Disputes – The Permanent Court of Arbitration India Conference, New Delhi (October 27-28, 2018)
• Recent Developments in International Arbitration — Moscow (October 5, 2018)
• Spotlight North America: Developments affecting the hemisphere — ICC New York Conference, New York (September 28, 2018)
• Investment Arbitration and Evidence — Lauterpacht Centre for International Law of the University of Cambridge, Cambridge (September 20, 2018)
• ICDR-AAA/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration — New York (December 1, 2017)
• The role of economic experts in renewable energy disputes: investors' expectations, regulatory (mis) conduct, and damages — 6th Annual Damages in International Arbitration Conference, Houston (November 30, 2017)
• Economic crimes and the merits of investor-State disputes — 28th ITF Public Conference: Economic Crime and International Investment Law, London (May 12, 2017)
• How political tensions in various parts of the world are shaping energy disputes — Looking Ahead: Effectively Arbitrating Complex Disputes in the Global Energy Sector - ICDR Conference, Houston (April 20, 2017)
• 50 años del Convenio del CIADI. Importancia del Convenio del CIADI. El Mecanismo Complementario del CIADI — X Congreso Latinoamericano de Arbitraje, Lima (April 27, 2016)
• 5th Investment Treaty Conference — PwC, Prague (October 22, 2015)
• ICC Houston Conference on International Arbitration — Houston, Texas (April 9, 2013)
• The Interplay between Domestic and International Arbitration — 16th Annual IBA International Arbitration Day, Bogota, Colombia (February 21, 2013)
• Investment Treaties, Fora and Claims — LCIA India and AIPN Conference: Dispute Resolution in the International Oil & Gas Business, New Delhi, India (October 13, 2012)
• How to Handle a BIT Arbitration — Ninth Annual Seminar on International Commercial Arbitration at American University's Washington College of Law, Washington, DC (October 3, 2012)
• Extra-Judicial Means of Enforcement — Global Intellectual Property Enforcement Seminar, Washington, DC (September 22, 2012)
• Criteria for Damages Assessment — 11th International Arbitration Congress of the Brazilian Arbitration Committee, Porto Alegre, Brazil (September 14, 2012)
• Arbitrator Appointment and Counsel Conduct in International Arbitration — Miami, Florida (September 9, 2012)
• Increasing transparency in commercial & investment arbitration, a welcome reform? — Cambridge Arbitration Day 2017, Cambridge
   

Books

• International Investment Protection for Global Banking and Finance: Legal Principles and Arbitral Practice (2021, WoltersKluwer, 591 pages)
• The International Arbitration Rulebook: A Guide to Arbitral Regimes (2019, WoltersKluwer, 580 pages)
• Inversiones Españolas en el Extranjero: Mecanismos de Protección (2017, Thompson Reuters Aranzadi, 140 pages)
• A Liber Amicorum: Thomas Waelde: Law Beyond Conventional Thought (2009, Cameron May, edited volume)

Articles: Investor-State Arbitration and Public International Law

• Mining Arbitration in Latin America: Social and Environmental Issues in Investment Arbitration Cases in The Guide to Mining Arbitration (2019, Global Arbitration Review)
• The Arbitration of Corruption Allegations (2018, The International Comparative Legal Guide to: Investor State Arbitration)
• Adverse Inferences: A Proposed Methodology in the Light of Investment Arbitrations Involving Middle Eastern States (2017, Journal of the Bahrain Centre for Dispute Resolution)
• The Energy Charter Treaty and Related Jurisprudence (2015, The Leading Practitioners’ Guide to International Oil & Gas Arbitrations, Gaitis, J., ed.)
• Principles of Valuation Taken from the UNCC Perspective (2015, War Reparations and the UN Compensation Commission – Designing Compensation After Conflict, Feighery, T., Gibson, C. and Rajah, T., eds)
• Improving the Process and Institutions of Investment Arbitration: A Modest Contribution to a Complicated Debate (2014, Essays in Honor of Kamal Hossain, Bhuiyan, S., Sands P., and Schrijver, N., eds.)
• In the Eye of the Storm: Spain’s Nexus to Investment Disputes (2013, Spain Arbitration Review – Revista del Club de Arbitraje, No.18/2013)
• Duke Energy International Peru Investments No. 1 Ltd. v. República del Perú (2011, Anuario Latinoamericano de Arbitraje 3, Carlos A. Soto Coaguilia ed.)
• 10 Golden Rules for U.S. Investors to Follow in Dispute Resolution Negotiations with a Foreign State or State Entity (2010, AAA Handbook on International Arbitration and ADR, American Arbitration Association)
• The Effect of BITs on the International Body of Investment Law: The Significance of Fair and Equitable Treatment Provisions (2009, The Future of Investment Arbitration)
• Brevas Notas sobre el Arbitraje de Inversión (2009, Revista Peruana de Arbitraje, Vol. 9, P. 3)
• ICSID Arbitration in the Americas (November 2007, The Arbitration Review of the Americas 2008, a Special Report of Global Arbitration Review)
• Peru’s Foreign Investment Framework Put to the Test: A Review of the Jurisdictional Award in Duke Energy International Peru Investments No. 1 Ltd. v. The Republic of Peru (2007, Homenaje a Fernando de Trazegnies)

Articles: Commercial Arbitration

• The Building Blocks: The Emergence of Blockchain Arbitration (April 2022, Corporate Disputes)
• The International Arbitration Comparative Country Guide, USA Chapter (2018, The Legal 500)
• Gas Pricing Disputes: Final and Binding Uncertainty (2015, Contemporary Issues in International Arbitration and Mediation, The Fordham Papers 2013)
• La responsibilidad civil de los arbitros y las instituciones arbitrales (2013, Arbitraje Internacional – Pasado, Presente y Futuro: Libro Homenaje a Bernardo Cremades e Yves Derains, Tomo. 1, Instituto Peruano de Arbitraje)
• Case Commentary, ICDR Case No. 236-04 – Part 2B (2012, ICDR Awards and Commentaries, Grant Hanessian ed., Vol. 1)
• Directrices Prácticas Para la Redacción del Acuerdo Arbitral (March 2011, Tratado de Derecho Arbitral)
• U.S. Judicial Policies in Arbitration (2008, Legal Business Arbitration Report)
• Anti-Suit Injunctions in Support of International Arbitration in the United States and the United Kingdom (2008, International Arbitration Law Review)
• Resolving Disputes in Cross-Border Commercial Transactions (June 2007, Inside the Minds: Best Practices for International ADR)
• A Cross-Comparison of Institutional Mediation Rules (February 2007, Transnational Dispute Management)
• Best Practices Series No. 7: Best Practices in Drafting International Arbitration Clauses (2003, UNITAR: Training and Building Programmes in Legal Aspects, Financial Management and Negotiations)
• Considerations in Negotiating Arbitration Clauses with Certain Arab League States and Iran (2002, Rocky Mountain Law Institute, 10-1)
• Risk Management in International Commercial Transactions: Arbitration and Alternative Dispute Resolution (April 2003, International Quarterly)
• A Cross-Comparison of Institutional Mediation Rules (July 2002, American Arbitration Association Dispute Resolution Journal)
• Disputas en Materia de Tecnologias de Informacion y Comunicaciones: Arbitraje y Mediacion Como Alternativas a los Litigios Judiciales (November 2001, Derecho de la Alta Tecnologia)
• From COPEL to CEEE – International Arbitrators and Brazilian Courts Agree on the Capacity of Brazilian Mixed Capital Companies to Arbitrate (Winter 2007, News and Notes, Institute for Transnational Arbitration)

Articles: Other Subjects

• International solidarity is key to holding Russia economically accountable (July 2022, The Times)
  
• Shari’a Law Approaches to Arbitration (2010, International Commercial Arbitration in Practice: 21st Century Perspectives)
• Project Management - Milestones on the Road to Commercial Operation (November 2007, Power Magazine)
• The New Argentine Hydrocarbons Law: A Protected Bay for Energy Investors (June 2007, Latin Lawyer)
• Is Arbitration Unfair to Parties from Developing Countries: A Study Proposal (May 2007, ABA International Law Section Annual Meeting) 
• Managing Legal Risk in an Uncertain World (November 27, 2001, LA Daily Journal)