Charles Claypoole

Mr. Claypoole has acted as lead counsel in many significant disputes, including for:

• Strabag, a major Austrian construction company, in securing a €100 million arbitral award (including the majority of its legal costs) in an ICSID Additional Facility arbitration against Libya brought under the Libya – Austria BIT (Strabag SE v. Libya)
• Ipek Investment in a pending ICSID arbitration related to the expropriation of a major mining group in Turkey (Ipek Investment Limited v. Turkey)
• The Kingdom of Saudi Arabia in securing a successful settlement of an arbitration brought under the German – Saudi Arabia BIT (Hochtief Infrastrucuture GmbH vs. Kingdom of Saudi Arabia)
• The Republic of Croatia in:
  > A pending ICSID arbitration related to a proposed real estate and tourism development in Croatia (Elitech v. Croatia)
  > An ICSID claim brought under the Belgium – Croatia BIT relating to a real estate and tourism development, which was successfully defeated (van Riet v. Republic of Croatia)
• The State of Ukraine in:
  >An SCC arbitration in which the claimants claimed more than US$6 billion for alleged breaches of the ECT (Littop Enterprises Limited and others v. Ukraine); the tribunal unanimously dismissed the case, which was the largest ever brought against Ukraine, for lack of jurisdiction
  > A pending ICSID arbitration brought under the Dutch – Ukraine BIT related to an alleged investment in the aviation sector (Gilward Investments BV v. Ukraine)
  > An ICSID claim brought under the German – Ukraine BIT related to a petrochemicals project; the tribunal dismissed the claimant’s claims in their entirety, and awarded Ukraine 100% of its legal costs (GEA Group Aktiengesellschaft v Ukraine)
  > An UNCITRAL arbitration, which successfully settled, brought under the Greek – Ukraine BIT related to an investment in the ship-building industry (Laskaridis and others v. Ukraine);
  > A case concerning maritime delimitation in the Black Sea (Romania v. Ukraine) before the International Court of Justice
• ArcelorMittal in obtaining a successful settlement of an ICSID arbitration against Egypt under the Belgium – Egypt BIT related to an investment in the steel industry (ArcelorMittal S.A. v. Egypt)
• The Indorama Group in obtaining a significant cash settlement of an ICSID arbitration against Egypt under the UK – Egypt BIT related to an investment in the steel industry (Indorama International Finance Limited v. Egypt)
• The Republic of North Macedonia in:
  > An ICSID claim, which was defeated, brought under the Dutch – Macedonia BIT related to an alleged investment in the finance sector; the tribunal dismissed the claimant’s claims for lack of jurisdiction, and awarded Ukraine 100% of its legal costs (Guardian Fiduciary Trust, Ltd, f/k/a Capital Conservator Savings & Loan, Ltd v. Republic of Macedonia)
  > An ICSID arbitration, obtaining a successful result, brought under the Swiss – Macedonia BIT related to an investment in an agricultural company; the tribunal rejected the claimant’s main claims and the vast majority of its damages claim (Swisslion DOO Skopje v. Republic of Macedonia)
• The Government of Azerbaijan in an ICSID arbitration brought under a bilateral investment treaty in relation to the management of an electricity network (Barmek Holding A.S. v. Azerbaijan)
• The Government of Pakistan in the jurisdictional phase of an ICSID arbitration brought under a bilateral investment treaty in relation to a construction project (Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. v. Pakistan)
• The Government of Yemen in an ICSID arbitration brought under a bilateral investment treaty in relation to a construction project (Desert Line Projects LLC v. Yemen)
• Barbados on its claim to Outer Continental Shelf submitted to the UN CLCS
• Indonesia in a case concerning sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia) before the International Court of Justice