Professional notice
Continues to advise German renewables investors in ICSID claims against Spain
| People in Who’s Who Legal | 1 |
|---|---|
| Pending cases as counsel | 65 |
| Value of pending counsel work | US$11 billion |
| Treaty cases as counsel | 6 |
| Third-party funded cases | 0 |
| Current arbitrator appointments | 1 (1 as chair or sole) |
| Lawyers sitting as arbitrator | 1 |
Morgan Lewis & Bockius featured in some early editions of the GAR 100 thanks to the work of former partner Mark Bravin in several high-profile investment disputes. But that team moved to Winston & Strawn in 2011, leading to a fallow period.
The practice put itself back on the map in 2019 with the hire of Sabine Konrad as partner in Frankfurt. She joined from McDermott Will & Emery and is an investment arbitration specialist best known for defending Germany in its multibillion-euro dispute with Sweden’s Vattenfall over the phase-out of nuclear energy. She is also on the ICSID panel of arbitrators and the founder of the Frankfurt Investment Arbitration Moot.
David Waldron and Peter Sharp in London also practise arbitration. Alexandre Bailly leads the dispute resolution practice in Paris.
Wendy Tan, Daniel Chia and recent hire Pardeep Singh Khosa in Singapore are commercial arbitration practitioners, as is Rebecca Kelly in Dubai.
Network
The core arbitration team is in Frankfurt, London and Singapore. The firm has 30 offices globally, 16 of which field arbitration lawyers, including in China, Japan and Kazakhstan. It closed its Moscow office in 2022.
Who uses it?
In addition to Germany, Konrad’s ICSID clients include German financial institutions pursuing claims against Spain and Italy over renewable energy investments.
Konrad has previously acted for a subsidiary of Taiwanese state-owned petroleum company CPC in an ICSID claim against Venezuela, and appeared for the Netherlands as intervener in German court proceedings relating to the Achmea dispute.
Track record
The Vattenfall case concluded in 2021 before an award was reached, with the Swedish utility accepting a €1.4 billion payout to drop a claim reportedly worth up to €7 billion.
Konrad’s track record at previous firms includes representing German airport operator Fraport in a long-running ICSID dispute with the Philippines. She has also obtained a US$4 million BIT award against Costa Rica on behalf of German investors in an ecotourism resort, and helped Poland to defeat a US$35 million claim brought by US investors in a blood plasma laboratory.
Recent events
Konrad helped Estonian fintech company IuteCredit Europe bring a €30 million ICC claim against Kosovo after its microfinance licence was revoked. Kosovo defeated the claim, which was brought under a foreign investment law.
Konrad continues to represent Landesbank Baden-Württemberg and three other German banks in an ICSID claim against Spain over a nearly US$2 billion investment in its renewable energy sector.
She also represents another group of German renewables investors, including businessman Helmut Vorndran, in an ECT claim against Spain.
The firm is defending the Czech Republic in an intra-EU treaty claim brought by French outdoor advertising group JCDecaux.
Singh Khosa joined the firm as a partner in Singapore after almost four years at Davinder Singh Chambers. Paul Mesquitta in London was promoted to partner.
Client comment
Mathias Wolkewitz, general counsel at German oil and gas producer Wintershall, says that Konrad is “outstanding”, adding that her “knowledge, strength on the facts and in advocacy, as well as her dedication are without comparison”.
Clients have praised the firm for its efficiency, thorough analysis and tactical knowledge. Konrad and associate Maximilian Pika are hailed for their “hands-on approach and willingness to do everything necessary”.
Combining creative dispute management and intercultural insight, Morgan Lewis represents clients in high-profile international arbitrations and international law disputes. Our cross-border team is intimately familiar with all aspects of international arbitral proceedings – handling cases in the Americas, Europe and the CIS, Africa, Asia, and the Middle East under all principal international arbitration rules.
Our lawyers regularly advise investors and governments in matters of investment protection and have acted in some of the largest and most prominent treaty arbitrations under the ICSID Convention and in other fora. With experience in many venues, members of our team are appointed to serve as arbitrators in international commercial and investment cases.
The expertise amassed at Morgan Lewis spans a broad range of industries, with a particular focus on energy, oil & gas, telecommunications, banking, and infrastructure.
For further information: https://www.morganlewis.com/services/international-arbitration