Arbitration Experience

With over a decade of experience, Tomas Vail is recognised as a leading arbitration lawyer. He is also a leading counsel in investor-state arbitration, with listings in Chambers, Legal 500 and Who’s Who Legal.

Tomas acts for both states and investors in investment treaty arbitrations. In particular, this includes claims under the ICSID and UNCITRAL rules, bilateral investment treaties (BITs) and public international law.

Tomas also acts in commercial arbitrations under the LCIA, ICC, SCC and UNCITRAL rules. He has particular experience of the natural resources and financial services industries. He has further experience of the telecommunications, construction, infrastructure, commodities and manufacturing sectors.

A further part of our offering is pre-disputes strategy and related transactions advice. This includes advising on corporate restructuring, BIT planning and settlement agreements. We also draft arbitration clauses, governing law clauses and expert determination agreements.

An illustrative list of our experience is set out below:

Commercial Arbitration

• Representing a consortium of oil majors in a series of high-profile tax and fiscal stabilisation disputes with the Republic of Kazakhstan under the UNCITRAL rules arising out of a production sharing agreement, and negotiating a highly complex US$2 billion settlement agreement in relation to the Karachaganak gas field. Coordinated client engineering, contract and procurement, finance, tax, commercial, compliance (human rights and AML) and environmental teams and managed local counsel, particularly in respect of advice on local tax law and environmental regulations.
• Representing a Ukrainian business conglomerate in the telecommunications industry in a post-M&A dispute under the LCIA rules and related litigation in the English court.
• Representing an international oil consortium in an ad-hoc arbitration with the Nigerian National Petroleum Corporation relating to changes in tax and petroleum regulations to obtain a final award in excess of US$2 billion.
• Representing the major shareholder of a bank in a post-M&A dispute under the ICC rules with a Russian investor, and subsequent advice relating to an ICSID claim.
• Advising an oil company on enforcement of an arbitral award in a Middle Eastern state.
• Acting for shareholders in a joint-venture dispute under the ICC rules relating to ownership of a refinery, including compelling document production under the Arbitration Act 1996 and obtaining a final award for specific performance.
• Representing the contractor in a dispute regarding construction of a floating production storage and offloading (FPSO) vessel under the LCIA rules.
• Acting for a Middle Eastern company in relation to a contractual dispute arising from a real estate/construction project.
• Advising an energy company in relation to a dispute with an oil major relating to the supply of petroleum products.
• Advising an energy company in relation to a dispute regarding a contract for the supply of coal.

Investor-State Disputes

• Representing an investor in an investment treaty claim (ICSID) under the Lithuania-Belarus BIT regarding construction of a hotel/infrastructure project.
• Representing an investor in an investment treaty claim under the Energy Charter Treaty in the photovoltaic (solar) industry.
• Representing an investor in an investment treaty claim (ICSID) under the Bulgaria-Serbia BIT involving allegations of expropriation and improper privatisation relating to a coal mining asset.
• Representing the Russian Federation in a US$14 billion dollar investment treaty claim commenced by a high-profile “dual-national” individual under the France-Russia BIT (UNCITRAL). Responsible for legal strategy/analysis/pleadings and day-to-day management of a team of associates and trainees in London, Paris and Moscow.
• Representing the Republic of Uzbekistan in a claim under the Turkey-Uzbekistan BIT (ICSID) in the manufacturing industry.
• Representing the Republic of Uzbekistan in a claim under the Turkey-Uzbekistan BIT (ICSID) in the consumer goods industry.
• Advising the major shareholder of a bank in a claim against the Republic of Latvia under the Latvia-UK BIT (ICSID) relating to discriminatory application of financial regulations.
• Representing an international oil company in two ICSID arbitrations against the Republic of Uganda arising out of tax/finance provisions of a production sharing agreement (in parallel to domestic tax proceedings).