Latin America

Advising a major international manufacturing company during a cross-border investigation involving the Serious Fraud Office, the U. S. Department of Justice and the Brazilian Ministério Público Federal.

Conducting an internal investigation into corruption allegations involving relationships between a Brazilian mining and commodities company and municipal and state government authorities in the North and Northeast of Brazil. The investigation occurred in the context of a USD 500m international investment into the Brazilian mining sector.

Conducting detailed assessments of corruption risk and whistleblower allegations in the context of a major international investment into a Brazilian multinational’s mining operation in Northern Mozambique.

Representing multinational and Brazilian corporate clients from the construction and infrastructure sector throughout the multifaceted investigations stemming from “Car Wash”. This work includes defence advice and advocacy facing the Brazilian prosecuting authorities and regulatory agencies, the negotiation of novel corporate leniency agreements, internal investigations and compliance remediation projects.

Leading numerous internal investigations and risk assessments, including in Brazil, Mexico and Argentina, as part of the global compliance integration of newly acquired company purchased for USD 5.1bn by a NASDAQ-listed conglomerate.

Advising a major Brazilian concessionaire through a Multilateral Development Bank investigation into alleged bribery involving a significant highway construction project in Brazil. We successfully represented the company throughout the investigation, appeal and sanction processes which resulted in our client obtaining co-operation credit and avoiding cross-debarment.

Instructed as part of the DOJ appointed independent monitorship team of a Brazil-headquartered international conglomerate operating in engineering, infrastructure, and petrochemicals sectors. The monitorship was the first-ever joint monitorship between the U.S. Department of Justice and the Brazilian authorities following the largest global foreign bribery resolution in history. The team conducted site visits, interviews, evaluated ongoing compliance risk and remediation efforts, covering the full span of the company’s projects within Brazil, and internationally, in Angola, Argentina, Colombia, the Dominican Republic, Ecuador, Guatemala, Mexico, Mozambique, Panama, Peru, Portugal, the United States, the Dominican Republic and Venezuela.

Representing a LATAM HNW family and their offshore company in a GBP 80m claim in England against an investment management company in relation to an investment in real estate in the UK. The claim concerns allegations of breach of duty and fraud.

Representing an Uhigh-net-worth individual/client client and his family in relation to misappropriation and fraud claims with the total value of in excess of USD 600m against a Panamanian trust and its trustees for the recovery of the trust’s funds in two separate ICC arbitrations. This involved a global enforcement strategy, pre-emptive court applications for interim relief (including worldwide freezing orders, asset disclosure orders and information orders) in number of jurisdictions including Cyprus, BVI and Singapore.

Representing a minority shareholder as one of the Respondents in a USD 600m complex ICC arbitration dispute with an international gambling software company which arises out of a partnership agreement for a joint online gambling project. This involved complex interrelated cross border court proceedings, including applications for anti-anti-suit injunctions and related substantive proceedings in the English courts.

Representing and securing a landmark jurisdictional victory for a European logistics company in USD 250m UNCITRAL arbitration proceedings against a LATAM country in connection with economic measures targeting an investment in the country’s customs infrastructure. This case expanded the ability of investors to bring their related contractual claims against host states through investment treaty arbitration instead of national courts.

Representing the Republic of Ecuador in two separate major, and high-profile investor-state disputes with the total value of nearly USD 3bn commenced by two consortium partners claiming expropriation of their oil & gas concessions. Significant success was achieved including securing an award in a counterclaim for USD 100m for environmental harm – the only successful counterclaim to date in investment arbitration.

Representing one of South America’s largest industrial conglomerates in a USD 200m dispute against a mining corporate in relation to a large-scale gold mining JV.

Representing a European investor in two separate ICSID disputes with the total value of USD 400m against a LATAM country in relation to the largest industrial plants for the production of glass containers and concerning direct expropriation, as well as violations of FET and full protection and security standards.

Representing one of the largest privately owned US industrial conglomerates in a USD 400m dispute against a South American country in relation to the development, construction and operation of two fertiliser factories and concerning expropriation, violation of FET and full protection and security standards.

Representing a major European retail group in a USD 2.5bn claim against its South American JV partner concerning breaches of a shareholders’ agreement relating to the issues of control in their joint venture company.

Representing CA Brazil Investment S.A., a Brazilian subsidiary of Paper Excellence, a global leader in pulp, paper and wood products manufacturing in a much-publicised dispute worth over USD 3bn with Brazilian companies owned by prominent Brazillian businessmen. The dispute related to the acquisition of a commodity producer in Brazil. The dispute spanned 6 years, involved four arbitrations, including three ICC arbitrations, and multiple court proceedings in several jurisdictions. We played an instrumental role in securing a global settlement between the parties.

Representing a French company against Brazilian and Luxembourgian companies in an ICC arbitration arising from their joint venture operating a cement company in Brazil and the implementation of a purportedly non-approved cement export project to the U.S.