Baiju S.Vasani

Partner

電話 + 44.20.7039.5121

Baiju Vasani has more than 18 years of experience focusing exclusively on international arbitration. He has served as counsel and arbitrator (sole, wing, and chair) in international arbitrations involving ICSID, ICC, LCIA, ICDR, SIAC, HKIAC, UNCITRAL Rules, bilateral investment treaties (BITs), the Energy Charter Treaty, NAFTA, DR-CAFTA, and public international law. He also has advised states on the negotiation of international treaties and companies in investment (re)structuring and arbitration clause drafting.

Baiju has particular experience in mining (including coal, gold, silver, silica, and uranium), energy, oil and gas, cement, telecoms, construction, and other large-scale project disputes across the world. He currently serves as lead counsel on several investor-state disputes and complex international commercial arbitrations and sits as arbitrator on a select number of investment and commercial cases. He is co-head of the legal task force set up to create an international arbitration center for the Horn of Africa under the auspices of the Djibouti Chamber of Commerce and Intergovernmental Development Authority. He is also working with the government of Somalia to assist it in acceding to the New York Convention and in drafting new arbitration legislation.

Baiju is a Fellow of the Chartered Institute of Arbitrators and sits on the panel of several arbitral institutions, including ICSID. In 2018 he was appointed a Senior Fellow of SOAS, University of London. He previously served as an adjunct professor teaching international arbitration at Georgetown University and the University of Bedfordshire, and he has given visiting lectures at, among other universities, Harvard, Northwestern, Vanderbilt, and Columbia.

執業經驗

U.S. construction company arbitrates dispute with Panama for violation of applicable treaties between U.S. and Panama
Jones Day is representing a U.S. construction company in an international arbitration conducted under the Rules of the International Centre for the Settlement of Investment Disputes against the Republic of Panama.

Canadian mining company initiates UNCITRAL arbitration against Kazakhstan
Jones Day represents a Canadian mining company in an UNCITRAL arbitration against the Republic of Kazakhstan.

Alhambra Resources initiates ICSID arbitration against Kazakhstan
Jones Day represents Alhambra Resources Ltd., an international gold explorer and producer based in Calgary, in an ICSID arbitration against the Republic of Kazakhstan.

World Wide Minerals achieves right to arbitrate its expropriation and international law claims against Republic of Kazakhstan
An arbitral tribunal convened under the UNCITRAL Arbitration Rules has held that Kazakhstan is a legal successor to the 1989 Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for the Promotion and Reciprocal Protection of Investments (the "Canada/USSR BIT").

Global City Holdings launches $265 million stock repurchase
Jones Day advised Global City Holdings N.V. ("GCH"), a public limited liability company listed on the Warsaw Stock Exchange, on the launch of its PLN 990,698,853 (approximately €237.7 million/ US$265.4 million) buy back offer to repurchase the GCH shares held by minority shareholders.

Federal Elektrik Yatirim ve Ticaret arbitrates issues against Uzbekistan under Energy Charter Treaty
Jones Day represents Federal Elektrik Yatirim ve Ticaret A.S. and three other claimants in an ICSID arbitration against Uzbekistan seeking millions of dollars of compensation under the Energy Charter Treaty and the Turkey-Uzbekistan bilateral investment treaty.

Jones Day advises the Libyan Constitutional Commission on mechanisms for resolving deadlocks in constitutional negotiation
Following the overthrow of the Gaddafi regime in 2011, the Libyan Constitutional Commission will be working on developing a new constitution for Libya.

Kazakh investors initiate ICSID arbitration against Uzbekistan
Jones Day represents Vladislav Kim and 11 other citizens of Kazakhstan in an ICSID arbitration against the Republic of Uzbekistan instituted pursuant to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Promotion and Reciprocal Protection of Investments.

Two Ghanaian companies arbitrate dispute with Ghana in ICC International Court of Arbitration
Jones Day represents two Ghanaian companies with British, Canadian, and Indian shareholders against the Government of Ghana in a gold mining dispute arbitrated at the International Chamber of Commerce, International Court of Arbitration.

著作

  • March 2018Why Domestic Parties in India Should be Allowed to Choose Foreign Arbitration Seats, Transnational Dispute Management 2 (2018)
  • February 19, 2015India - the Next Global International Arbitration Hub?, coauthor, The Deal Pipeline
  • February 2015Enforcement of Investment Treaty Awards against Assets of States, State Entities and State-Owned Companies, in Enforcement of Investment Treaty Arbitration Awards: A Global Guide
  • November 25, 2014Challenge and Disqualification of Arbitrators at ICSID: A New Dawn, ICSID Review, Foreign Investment Law Journal
  • Autumn 2014Enforcement against Assets of State Entities and State-owned Companies
  • 2014Travaux Préparatoires and the Legitimacy of Investor-State Arbitration, Reform of Investor-State Dispute Settlement: In Search of A Roadmap, TDM 1 (2014)
  • 2013Doubling Down on Defence: Treatment Standards and the Public Law Fallacy
  • 2013Third Party Funding in International Arbitration: current trends and future predictions
  • Autumn 2013Protection of U.S. Investments in India Under Bilateral Investment Treaties
  • Autumn 2013Arbitration Rules for Dispute Resolution Involving States and State Entities: What Are the Significant Differences?, coauthor, The International Lawyer
  • August 2013Mining Concession Pitfalls, coauthor, Energy & Mining International
  • July 29, 2013Cost allocation in investment arbitration: Back toward diversification
  • February 2013When It Rains It Pours: Three New Cases Add to the Umbrella Clause Debate, IBA Arbitration News, Vol. 18, No. 1
  • November 2012Treaty Protection for Global Patents: A Response to a Growing Problem for Multinational Pharmaceutical Companies

演講

  • June 20, 2017"Combating Corruption Through ISDS," Keynote Address at Contemporary Internatinoal Law Issues in Context Conference, Cnaterybury Christchurch University
  • June 15, 2017"Is There Law in Gas Pricing Disputes?" 3rd Annual GAR Live Energ Disputes
  • May 23, 2017"Time for Fairer Response to Corruption?" 3rd Annual GAR Live BITS
  • May 12, 2017"Bad Faith Prosecution of Criminal Law: Can Provisional Measures in ICSID Assist?" BIICL Annual Spring ITF Public Conference
  • April 6, 2017"The Legitimacy Deficit in ISDS," SOAS/CRCICA Arbitration in Africa Conference
  • March 27, 2017"Diversity of Arbitrators in International Arbitration," Pennsylvannia University School of Law Conference on Contemporary Issues & Emerging Trends in International Arbitration
  • February 23-25, 2017"Effective Written and Oral Advocacy in International Arbitration," European Commission Corrigendum to Georgia
  • February 18, 2017“Can Two Indian Parties Choose a Foreign Seat and Foreign Law For Their Arbitration?” Nani Palkhivala Arbitration Centre 9th Annual Arbitration Conference
  • February 17, 2017“Bilateral Investment Treaties and India: Friend or Foe?” Seminar on International Arbitration
  • December 3, 2016“Challenges of Counsels – A New Dimension of Conflicts Check,” Georgian Arbitration Days
  • November 3, 2016“What Every Lawyer Should Know About Third Party Funding,” The Judge Event, London, UK (November 3, 2016)“What Every Lawyer Should Know About Third Party Funding,” The Judge Event
  • October 8. 2016“Is India Ready for Aggressive Rules on Consolidation in International Arbitration?” Inaugural Mumbai International Arbitration Centre Conference
  • August 24, 2016“Commercial, Political, and Regulatory Risks: Bringing the Rule of Law to Your Foreign Investments,” Executive Roundtable Series
  • August 16, 2016“Between Commercial Loss from Legitimate Governmental Measures and BIT Impugned Expropriation – Complexities of Indirect Expropriation,” Seminar on ISDS
  • June 29, 2016“Rebalancing International Investment Agreements in Favor of Host States: Is It Time for an International Investment Court?” University of Bedfordshire Centre for Research in Law Summer Conference
  • June 24, 2016“Rethinking the Role of Courts and Judges in Supporting Arbitration in Africa,” SOAS and Lagos Court of Arbitration Conference
  • June 20, 2016“How Can Tribunals Deal with Allegations of Corruption?,” 1st ICC Africa Regional Conference
  • June 16, 2016“Domestic Criminal Law and Investor Rights: How Can a Tribunal Balance Rights?” IBA Europe-Caucuses-Asia Forum
  • April 12, 2016“Does Somalia Need More BITs?” UNDP PSG4 Training
  • April 11, 2016“Corruption in International Investment Arbitration,” Somali International Arbitration Summit
  • April 8, 2016“Procedure in International Arbitration for African Arbitrations,” ICDR Y&I Workshop
  • April 7, 2016“Developing a New African Arbitration Centre,” Young ICCA Skills Training Workshop
  • March 16, 2016“International Economic Agreements and the Rule of Law – A Debate,” University of Bedfordshire Centre for Research in Law Event
  • February 8, 2016The Transatlantic Trade and Investment Partnership (TTIP), British-Romanian Chamber of Commerce
  • October 21, 2014Investor-State Arbitration Seminar, ICC Bulgaria and DGKV
  • October 20, 2014Is Your Energy Investment in Bulgaria Protected? What Investment Treaties and International Arbitration Have to Offer?
  • June 14, 2014The Best European Arbitral Year Seat?
  • April 13, 2014Should Institutional arbitration rules make it easier for arbitrators to order joinder or consolidatoin?
  • April 7, 2014Third Party Funders in International Arbitration: Vultures or Patrons?
  • December 5, 2013Inherent Powers of Arbitrations: Are They the True Masters of the Proceedings?
  • October 10, 2013How to Reduce Your Investment Risk with BITs?
  • April 22, 2013Complex Issues in International Arbitration, ABA-ICSID-LCIA Symposium
  • February 26, 2013Lessons learned from International Arbitration Costs
  • September 28, 20126th Dusseldorf International Arbitration Conference
  • September 2012Corruption in International Arbitration
  • September 2012Investment Arbitration in Crisis?
  • February 2, 2012GEA v Saipem: Is an arbitration award an investment under the ICSID Convention?
  • January 20, 2012International Arbitration and ADR
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