Timothy G. Nelson

Timothy Nelson represents clients in a variety of disputes involving cross-border and international law issues, including arbitration before several major international bodies. Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL).

Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods.

Mr. Nelson has been involved in litigation arising under the U.S. Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process.

Additionally, Mr. Nelson regularly advises sovereign and corporate clients on public international law issues, including under multilateral treaties, such as NAFTA; the Energy Charter Treaty (ECT) bilateral investment treaties (BITS); and other international trade/investment agreements.

Mr. Nelson’s litigation and arbitration experience includes representing:

• Atlantic LNG Co. of Trinidad and Tobago in successfully defending against a $250 million claim by an affiliate of Gas Natural Fenosa in a UNCITRAL arbitration based in New York, involving a dispute concerning a long-term LNG supply contract with favorable merits and fees awards in October 2016 and March 2017;
• Castle Harlan in successfully defending a claim in New York’s Supreme Court by Norcast/Pala Group concerning the sale of a Canadian company to Bradken Ltd. of Australia;
• an Indian satellite and telecommunications company in an ICC arbitration against an Indian space agency regarding repudiation of a long-term satellite contract. A final merits award of over $670 million (plus interest) was issued in September 2015;
• SIFMA, in the case of Motorola v. Uzan, in submitting an amicus brief cited favorably by the New York Court of Appeals in its 2014 decision reaffirming the “separate entity rule.” Under this rule, even if a bank has a New York branch, state judgment turnover/restraint proceedings cannot reach accounts in foreign branches of that bank;
• the owners of Cemex Venezuela SACA, formerly Venezuela’s largest cement maker, in an ICSID arbitration against the government of Venezuela seeking compensation for expropriation of that enterprise;
• the investors in Kardassopoulos and Fuchs v. Georgia, an ICSID arbitration against the Republic of Georgia involving expropriation of oil pipeline rights, including under the Energy Charter Treaty, the Greece-Georgia BIT and the Israel-Georgia BIT;
• a shareholder of a major telecommunications company (with operations in Russia and elsewhere) in an M&A dispute, governed by UNCITRAL arbitration rules, with a Norwegian telecommunications company;
• a U.S. financial institution in a share valuation dispute with an agency of the government of Korea, resolved successfully by an ICC-appointed arbitrator;
• two German business executives who successfully challenged the jurisdiction of the U.S. District Court in New York to hear a claim against them involving alleged breach of a management buyout agreement;

Education:

• B.C.L., University of Oxford, 1997 (John Morris Prize for Conflict of Laws)
• LL.B., University of New South Wales Law School, Australia, 1990
• B.A., University of New South Wales, Australia, 1990

Admissions:

• New South Wales, Australia
• New York
• Solicitor, England & Wales

Associations:

• Fellow, Australian Centre for International Commercial Arbitration
• Member, American Society of International Law
• Member, International Law Association, American Branch