GBS Disputes

INCLUDES REPRESENTATION OF

• The Latin American subsidiary of a European energy company, Claimant in an ICC arbitration in Paris against a European LNG supplier. The dispute arises from an LNG Sale and Purchase Agreement. New York law applies.
• Pharmaceutical group Sanofi in an ICC arbitration in Geneva initiated by Boehringer Ingelheim that arose out of an acquisition and concerned liability relating to third party claims. Swiss law applied. The Tribunal fully dismissed the claims against Sanofi seeking indemnification for potential losses in connection with ongoing mass tort litigation in the United States.
• A North American company and its Latin American subsidiary, Respondents in an ICC arbitration in New York initiated by a Latin American construction contractor. The dispute arose from an EPC contract for the construction of a power plant in Latin America. New York law applied.
• A North American subsidiary of a European energy company, Respondent in an ICC arbitration in New York initiated by a North American energy company. The dispute arose from the implementation of a put agreement between the parties. New York law applied.
• Cairn Energy PLC in a UNCITRAL arbitration against the Republic of India. The claims were brought under the UK-India bilateral investment treaty. The dispute related to retrospective tax measures adopted by the Indian Government. The tribunal ruled unanimously that India had breached its obligations to Cairn under the UK-India Bilateral Investment Treaty and awarded to Cairn damages of US$1.2 billion plus interest and costs.
• A European life sciences company, Respondent in an arbitration brought by a European chemical company seeking indemnification under a Share Purchase Agreement. The law of the Claimant’s State applied.
• A natural gas seller in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by the buyer and owner of a liquefaction plant. The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
• A European energy company, seller in a long-term gas supply agreement, Respondent in a gas price review arbitration brought by another European energy company (as buyer). Algerian law applied. Over USD 1.3 billion was at stake.
• EDF International, Respondent in an ICC arbitration in Zurich initiated by a company fully-owned by the German Land of Baden-Württemberg. The dispute arose from the acquisition by the Land of EDF’s stake in an energy company based in the Land of Baden-Württemberg and raised complex issues of EU law. German law applied.
• A North American agribusiness company, Respondent in an ICC arbitration initiated by European agribusiness companies. The dispute related to the parties’ rights of use with respect to proprietary biotechnology. French law applied.
• EDF, Claimant in a UNCITRAL arbitration against the Republic of Hungary. The dispute arose from the termination of Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims were brought under the Energy Charter Treaty.

Other

• Daniel was a Member of New York City Bar Association’s International Law Committee and acted as Secretary to the Association’s Human Rights Committee.
• Daniel was Editor and then Co-Editor-in-Chief of the Yale Journal of International Law.
• Member of U.S. Delegation, 38th session meeting of UNCITRAL Working Group on Arbitration and Conciliation.
• Member of U.S. Delegation, 35th session meeting of UNCITRAL.

Education

• Yale Law School, J.D.
• Yale University, B.A. (magna cum laude)

Admissions & Courts

• New York

Languages

• English
• Hebrew
• French

Nationality

• United States

• Co-Chair, International Arbitration Committee, American Branch of the International Law Association (ABILA)
• Member, International Commercial Disputes Committee, New York City Bar Association
• Member, American Society of International Law (ASIL)
• Member, IBA Arbitration Committee
• Advisory Board Member, Institute for Transnational Arbitration (ITA)
• Member, International Arbitration Institute (IAI)

• “Modernizing Local Responses To Public Health Emergencies: Bioterrorism, Epidemics, And The Model State Emergency Health Powers Act,” 19 Journal of Contemporary Health Law & Policy 379 (2003)
• Book Note, 26 Yale Journal of International Law 534 (2001), reviewing Jonathan Bass, Stay the Hand of Vengeance: the Politics of War Crimes Tribunals (2000)
• Book Note, 25 Yale Journal of International Law 540 (2000), reviewing Peter R. Baer, Human Rights: Universality in Practice (1999)