Niyati Asthana

Investment Treaty Arbitration

• Representing the investor from the Channel Islands in a EUR 100m ICSID arbitration against Germany under the Energy Charter Treaty, challenging a “solidarity contribution” windfall profits tax imposed on the investor’s oil refinery. The dispute centred on whether Germany’s cap-and-tax mechanism constituted indirect expropriation and breaches of FET standards under the ECT.
• Counsel to an Eastern European State in an UNCITRAL investment arbitration relating to the movie industry based on the United States-Romania BIT and the Turkey-Romania BIT.
• Counsel to an Eastern European State in an UNCITRAL investment arbitration relating to the movie industry based on the Canada-Romania BIT and the Turkey-Romania BIT.
• Representing a global conglomerate engaged in the procurement and export of agricultural commodities with operations across Africa, in relation to a USD 400m investment treaty arbitration against an East African State and involving allegations of expropriation of the investor’s goods and other malfeasances.
• Representing the investor from the Channel Islands in a EUR 100m ICSID arbitration against Denmark under the Energy Charter Treaty, challenging the imposition of a windfall profits tax on the Kalundborg refinery.
• Representing the investor from the Channel Islands in a multi-million EUR ICSID arbitration against the EU under the Energy Charter Treaty, challenging the EU’s imposition of windfall profit taxes on oil refining activities affecting the investor’s returns across multiple jurisdictions. The dispute involved an issue of whether the EU’s actions constituted indirect expropriation and violated FET standards under the ECT.
• Counsel to El Salvador in an ICSID investment arbitration relating to a claim for denial of justice brought by HSBC UK on the basis of the El Salvador-United Kingdom BIT.

Commercial Arbitration

• Representing an ultra-high net worth individual in Swiss arbitration proceedings with the total value of claim in excess of c.USD 150m concerning fraudulent mismanagement of an offshore trust structure – a Panamanian Foundation.
• Representing a world leading semi-conductor company in the first ever non-practising entity (NPE) lawsuit over semiconductor patents before the Unified Patent Court (UPC).
• Representing an Italian telecom company for the enforcement of an LCIA award arising out of a joint venture dispute before the Supreme Court of India.
• Advising on various aspects of Indian arbitration law in connection with the enforcement of an arbitral award before the DIAC.

Post-M&A Disputes

• Acting for a French private equity firm in a post-M&A arbitration under German law and DIS Rules.
• Representing a hospitality company in a post-M&A dispute in ad-hoc arbitration.

Construction/Infrastructure Disputes

• Representing a construction consortium in an arbitration arising out of a high-value airport construction contract in the Middle East before the DIAC.
• Representing a hydrogen fuel cell manufacturer in a dispute under ICC Rules against a French railway company.
• Representing a tyre manufacturer in a multi-party dispute concerning the invocation of force majeure by major automotive manufacturers under ICC Rules.

Insurance Disputes

• Representing a warranty and indemnity insurer in a DIS arbitration arising from the acquisition of a major Austrian packaging company.

Litigation

• Strategic advisory role in a EUR 320m Dutch court dispute between a contractor (the client) and the employer (the airport operator). The dispute concerned the construction of a new pier, Pier A, of Schiphol airport in the Netherlands. The dispute involved a wide range of claims including claims for payment for additional works, counterclaims from the employer, hinderance, disruptions and delays, and penalties. The role involved assessment of expert technical and legal evidence and putting together an effective litigation strategy.
• Representing a contractor in a EUR 110m German court dispute against an employer concerning the construction and commissioning of a data centre in Germany. The dispute involves issues of delays and variations. In addition, we advised on strategic issues in the ongoing parallel settlement discussions.
• Representing an internation film production company before the Supreme Court of India for the enforcement of an award arising out of service agreement.
• Representing McDonald’s JV partner across north India in breach of contract disputes arising from the JV agreement.