Charles Claypoole is a partner in the London office of Latham & Watkins and a member of Latham's International Arbitration and Public International Law Practices.
Mr. Claypoole advises on a wide range of public international law and dispute resolution issues, including international investment law, international trade law, investment treaty arbitration (primarily under bilateral investment treaties and the Energy Charter Treaty), international commercial arbitration, UN, EU and UK international trade sanctions, EU and UK export control laws, State immunity, international humanitarian and human rights law (including Business and Human Rights), land and maritime boundary law, and the Law of the Sea.
Mr. Claypoole has extensive experience in advising and acting for State clients and investors in investment treaty disputes – he has acted as counsel in approximately 20 investment treaty arbitrations conducted under the ICSID, ICSID Additional Facility, SCC and UNCITRAL Rules. Mr. Claypoole has also acted as counsel in numerous international commercial arbitrations (conducted mainly under the ICC and LCIA Rules), in three major State-to-State cases before the Iran-United States Claims Tribunal, and in major public international disputes involving issues of maritime delimitation, land boundaries, and territorial sovereignty before the International Court of Justice (Ukraine v. Romania, Indonesia / Malaysia) and the Permanent Court of Arbitration (Ethiopia / Eritrea, Yemen / Eritrea).
Mr. Claypoole has a busy practice in advising clients on various aspects of international trade law (including free trade agreements), EU and UK export control law, and UN, EU and UK international trade sanctions (including the current regimes in force against Russia / Ukraine, Iran, Syria, and North Korea, as well as the EU asset freeze sanctions). He advises a wide range of clients, including financial institutions, on all aspects of international trade sanctions, negotiates sanctions provisions in financing and other agreements, as well as conducting investigations and advising clients on voluntary disclosures to national authorities. On issues of sanctions and export control, Mr. Claypoole works in close coordination with Latham & Watkins U.S. sanctions team based in Washington D.C. Mr. Claypoole also advises clients wishing to de-list from sanctions lists, and is currently counsel before the Court of Justice of the European Union in proceedings challenging the designation of a financial institution under EU sanctions regulations.
Mr. Claypoole is recognized as an expert in public international law, investment treaty arbitration, international arbitration, and mining and metals law in the main legal directories (including The Legal 500 and Chambers and Partners), lectures on public international law (at King’s College London and the National Oceanography Institute), and regularly speaks at conferences on various topical issues of international law, international arbitration, and trade sanctions.
Mr. Claypoole's recent arbitration experience includes representing:
- The investor in an ICSID arbitration brought under a bilateral investment treaty related to an investment in the steel industry (ArcelorMittal S.A. v. Egypt)
- The respondent State in a multi-billion US dollar SCC arbitration related to allegations of unlawful State interference with an alleged investment in the energy sector in breach of the Energy Charter Treaty
- The investor in an ICSID Additional Facility arbitration under a bilateral investment treaty in respect of losses suffered to its investment in Libya (Strabag SE v. Libya)
- The Republic of Croatia in an ICSID arbitration related to alleged breaches of a bilateral investment treaty in respect of a real estate project (Lieven J. van Riet, Chantal C. van Riet and Christopher van Riet v. Republic of Croatia)
- The Republic of Macedonia in an ICSID arbitration brought under a bilateral investment treaty in relation to an alleged investment in the finance sector (Guardian Fiduciary Trust, Ltd, f/k/a Capital Conservator Savings & Loan, Ltd v. Republic of Macedonia). Mr. Claypoole helped obtain an award dismissing the claimant’s claim on jurisdictional grounds, and awarding his client 80% of its legal costs
- The investor in an ICSID arbitration under a bilateral investment treaty in respect of State interference with an investment in Egypt (Indorama International Finance Limited v. Egypt). Mr. Claypoole helped obtain a significant cash settlement in his client’s favour
- The Republic of
Macedonia in an ICSID arbitration brought under a bilateral investment treaty
in relation to an investment in an agricultural company (Swisslion DOO
Skopje v. Republic of Macedonia). Mr.
Claypoole helped obtain an award dismissing the claimant’s main claims
- The Government of
Ukraine in an ICSID arbitration brought under a bilateral investment treaty in
relation to a petrochemicals project (GEA Group Aktiengesellschaft v Ukraine).
Mr. Claypoole helped obtain an award dismissing
the claimant’s claims in their entirety, and awarding his client 100% of its
- The investors in an ICSID arbitration under a bilateral investment treaty relating to the expropriation of a petrochemicals project in Venezuela
- The investors in two ad hoc BIT arbitrations concerning a major energy investment in a South Asian State
- The investor in an ICSID arbitration brought against Turkey under a bilateral investment treaty and the Energy Charter Treaty relating to a contract for a gas-fired power plant (Alapli Elektrik B.V. v. Turkey)
- The Government of Ukraine in an UNCITRAL arbitration brought under a bilateral investment treaty in relation to an investment in the ship-building industry
- A subdivision of a European State in an ICSID arbitration brought under the Energy Charter Treaty
- 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
- Ukraine in the case concerning maritime delimitation in the Black Sea (Romania v. Ukraine) before the International Court of Justice
- Indonesia in the case concerning sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia / Malaysia) before the International Court of Justice
- A UK biofuels company in a commercial arbitration (LCIA, London)
- A Turkish construction company in a major construction arbitration (ICC, Paris)
Mr. Claypoole regularly advises companies on structuring their foreign investments to obtain maximum legal protection, including under investment protection treaties. He also has a busy practice advising companies on the application of the UN and EU sanctions regimes, including those imposed on Libya, Iran and Syria, and on issues related to EU and UK export control laws.
Mr. Claypoole regularly publishes and speaks on topical issues of international law. He has lectured on international boundary law at King’s College London since 2003. Recent speaking engagements and publications include:
- Co-presenter (with Bill McGlone, Les Carnegie, Mikhail Turetsky and Olga Ponomarenko) at a briefing on US and EU sanctions developments, St. Petersburg International Legal Forum, 19 May 2016
- Presentation ("Unilateral Sanctions Extraterritoriality and Scenarios of Targeted State's Counteraction"), St. Petersburg International Legal Forum, 19 May 2016
- Tutor at IBRU Workshop, “Options for Boundary Settlement when Negotiations Break Down,” University of Durham, 23-25 May 2016
- Presentation ("Title to Territory and the Role of Evidence in Demonstrating Title”) at IBRU Professional Training Workshop, Archive Research Resolution, London, 26 October 2015
- Presentation (“Sanctions and Arbitration“), WorldECR, London, 15 October 2015
- Presentation (“Threshold Steps in Investment Treaty Arbitral Process”), 4th Investment Treaty Arbitration conference hosted by the Ministry of Finance of the Czech Republic, 30 October 2014
- Presentation (“International Sanctions and the Finance Sector Challenges following the Russia / Ukraine sanctions”), WorldECR, 4 June 2014
- Paper at the 2014 Spring Conference of the British Branch of the International Law Association: "The Interplay between Legal and Technical Factors in the Delimitation of the EEZ and the Continental Shelf", 24 May 2014
- Presentation ("Security for costs in investment treaty arbitration") at the 21st Investment Treaty Forum, BIICL, 24 October 2013
- Seminar (“The exhaustion of domestic remedies and investment treaty arbitration: some observations in light of the recent jurisprudence”), International Law Association, British Branch, 8 May 2013
- “The exhaustion of domestic remedies and investment treaty arbitration: some observations in light of the recent jurisprudence”, International Law Association, British Branch, 8 May 2013
- "Trends in Maritime Delimitation: Bangladesh/Myanmar. Romania/Ukraine and the Search for Objectivity" at 7th ABLOS Conference, Monaco, 4 October 2012
- "Evidence in Boundary and Sovereignty Cases” at IBRU Professional Training Workshop, Evidence in Boundary Dispute Resolution, Durham, 16-18 April 2012
- “Recent Developments in the Jurisprudence of International Investment Tribunals”, Global Arbitration Review’s European and Middle Eastern Arbitration Review 2012
- “Investment in Mongolia: the Importance of Investment Treaties”, Mongolia London Business Forum, October 2011
- “The Fair and Equitable and Full Protection and Security Standards”, Foreign Direct Investment: Trends and Policies, UNCTAD, Zagreb, September 2011
- “The Importance of BITs to the Political Risk Industry”, Lloyds, September 2011
- “Sanctions Developments in 2011”, Legal Implications of Economic Sanctions, London, July 2011
- “Political and Contract Risk – Strategies for Legal Protection”, Global Contract Risk Management for the Oil & Gas Industry, London, May 2011
- "The Enforcement of BIT Awards: the New York Convention v. the Washington Convention”, Polish Chamber of Commerce, Warsaw, December 2010
- "Sovereign Rights for Non-Sovereigns: A Review of the Rights of Non-State Entities to the Continental Shelf", at 6th ABLOS Conference , Monaco, October 2010
- “Maritime Boundaries Offshore West Africa”, Dispute Resolution in the International Oil & Gas Business, Houston, Texas, April 2010