Experience

He has advised on several investment treaty disputes under ICSID and UNCITRAL rules. These have involved agriculture, mining, oil and gas, bankruptcy, construction, and expropriation.

• Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No. ARB/15/31)
• Moti Ramot and Rami Levy v. Republic of Bulgaria (ICSID Case No. ARB/18/47)
• Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic of Panama (ICSID Case No. ARB/20/10)
• Analysed several potential investment cases against Romania

He has a wealth of experience in commercial disputes across various industry sectors, including energy, oil and gas, construction, joint ventures, financial services, Web3, NFT, cybersecurity, blockchain and cryptocurrency, telecommunications, intellectual property, and sale of goods. Extensive experience in general commercial disputes, both as counsel and arbitrator.

• ICSID arbitration under the Canada–Romania and Romania–United Kingdom BITs between a Canadian mining company and Romania arising out of the allegedly discriminatory measures relating to the approval of an environmental impact assessment and the issuance of an environmental permit required to start exploitation of the claimant’s mining project.
• HKIAC arbitration between a PRC company and a Hong Kong company regarding a joint venture dispute regarding natural gas supply.
• ICC arbitration between a US company and an Angola company agreement regarding offshore oil exploration.
• SIAC arbitration between a Singapore company and a Thai company relating to the supply agreement for wind turbines.
• SCC arbitration between a German company and a Russian-owned Swedish subsidiary regarding a requested revision of the contract price provisions for the long-term supply of gas.

• ICSID arbitration under the Canada–Romania and Romania–United Kingdom BITs between a Canadian mining company and Romania arising out of the allegedly discriminatory measures relating to environmental permitting for a mining project.
• Ad hoc arbitration between a Japanese company and a South Korean company relating to carbon offset.
• SIAC arbitration relating to environmental liability between a Malaysian company and a Singapore company.

• ICC arbitration between US companies and a Venezuelan company relating to a shareholder dispute.
• ICC arbitration between a Swiss bank and its Mexican subsidiary relating to a shareholder agreement and the disbursement of options.

• LCIA arbitration between a US company and a French company relating to a beverage manufacturing and supply dispute.
• DRC arbitration between a French company and a Chinese company regarding a supply agreement in the food & beverage industry.

• SIAC arbitration between a German company and a US company relating to a drug treatment and testing dispute.
• ICC arbitration between a German and a US company relating to the supply of vaccines.
• DIS arbitration between a German company and a French company relating to a dispute arising out of a licence agreement regarding a chemical compound used in proprietary medical products and drugs.

Benjamin’s aviation disputes experience includes aircraft manufacturing and supply contracts; procurement issues; certification issues; aircraft joint venture, syndicate, and partnering disputes; aircraft sale, leasing, and financing agreements; aviation insurance and reinsurance claims; warranty and repair claims; aircraft crash investigations; and IP and licensing-related claims.

• ICC arbitration between a Singaporean company and a French company relating to aircraft manufacturing and supply contracts.

• Ad hoc arbitration between a Canadian company and a Chinese company regarding a satellite collision.
• CIETAC arbitration between a Canadian company and a Chinese company regarding a satellite collision between an orbiting satellite and an allegedly derailed satellite.

• AIAC arbitration between a Malaysian company and a US company relating to the alleged use of proprietary technology and copyright infringement.
• SIAC arbitration between a Korean company and a German company regarding the proprietary use and patent registration of Light-Emitting Diode (LED) technology.
• HKIAC arbitration between a Singapore company and a Latin American company relating to a patented coding mechanism in communications technology.

• THAC arbitration between a Malaysian company and a Thai company regarding the ownership and sale of an NFT property.
• Advised on the enforceability of a cryptocurrency arbitration award in Cambodia.

• IACAC arbitration between a US company and a Puerto Rican company regarding a joint venture agreement for the engineering and construction of a 4-ha tourist resort in Puerto Rico.
• ICDR arbitration between a German company and a Russian-owned Swedish subsidiary regarding the development of an oil pipeline.
• ICC arbitration between a Spanish company and an Argentine company regarding the construction of a powerplant.

• Numerous cases before the German courts regarding diesel emission technologies.
• Several ICC and DIS arbitrations between German companies, UK companies, and US companies regarding diesel emission technologies.

• UNCITRAL arbitration between a US shipping company and a Latin American sovereign relating to the allegedly illegal docking and fuelling in the sovereign’s territory.
• ICDR arbitration between a US cruising company and a Latin American sovereign regarding the allegedly illegal docking in the sovereign’s waters.
• International Tribunal for the Law of the Sea arbitration between a US cruising company and a Latin American sovereign regarding the allegedly illegal docking in the sovereign’s waters.