Sagar Gupta

Investor-state Arbitration

• Acting for Georgia in an ICSID arbitration brought by a Swiss individual and a Georgian company concerning a real estate development project (ongoing; successfully defended a provisional measures application) (ICSID Case No. ARB/23/23).

• Representing the investor in an ICSID arbitration under the Canada-Tanzania BIT arising out of Tanzania’s cancellation of certain retention licences concerning a rare earths mining project.

• Defending the claimant group in an annulment proceeding in relation to a US$116 million-plus ICSID award against Tanzania.

• Representing the investor in a legacy NAFTA claim under the USMCA and the ICSID Convention arising out of Mexico’s inaction in clearing a blockade.

• Representing a Malaysian entrepreneur in a US$350 million-plus indirect loss claim arising out of the expropriation of certain mining assets under the ICC Arbitration Rules against an Eastern European state.

• Advising two Canadian investors in an investment dispute against Mexico under the CPTPP arising out of the expropriation of the Ixtaca gold-silver mining project.

• Acting for a Russian energy company in an investment arbitration under the UNCITRAL Rules against the government of Ukraine arising out of a multibillion-dollar fine.

• Advising a Saudi Arabian conglomerate on a potential investment claim under the OIC Investment Agreement.

• Advising a Japanese car manufacturer on public international law remedies following changes to domestic company law in a G20 country.

• Advising entities across several industries on the protection of foreign investments under public international law, including corporate restructuring options to obtain investment treaty protection in several Latin American, African and CIS states.

LNG & Natural Gas Disputes

• Acting for a Chinese LNG buyer in an expedited HKIAC-administered UNCITRAL arbitration against a multinational consortium regarding the interpretation of shipping provisions in a long-term supply contract, obtaining a favourable decision on the merits.

• Acting for a leading Japanese LNG buyer with two high value pricing negotiations with Asia Pacific-based sellers, including in relation to the application of a previous price review award on future price reviews.

• Advising European and Asia Pacific-based LNG buyers and sellers on issues under long-term SPAs and MSPAs including term extensions, operational tolerance, and force majeure.

Corporate & Commercial Arbitration

• Representing an Israeli company in an LCIA arbitration concerning a shareholders’ dispute arising out of a English law governed stock purchase agreement.

• Advising a Japanese technology company on disclosure issues in an LCIA arbitration.

• Representing a BVI company in an LCIA arbitration concerning a shareholders’ dispute relating to a tech investment company.

• Advising a Central Asian sovereign wealth fund in an arbitration against an energy company in relation to a joint venture dispute.

• Representing an offset broker against a leading manufacturer of defence equipment involving a large procurement contract relating to satellites for an East Asian state.

• Representing a securities trading firm in an arbitration against an oil major in relation to investor fraud and misrepresentation.

• Acting for an international bank in an ICC arbitration in relation to thousands of post-M&A warranty claims allegedly worth billions of dollars.

• Acting for British Petroleum on a £1 billion-plus UNCITRAL arbitration against the government of India concerning several disputes arising under a production sharing contract.

Asset Recovery, Enforcement and Interim Measures

• Advising an Israeli company defending an application for a worldwide freezing order in England.

• Representing Naftogaz of Ukraine in enforcing a multi-billion-dollar award against the Russian Federation in England.

• Advising a Ukrainian energy company in post-award settlement negotiations with the award creditor.

• Representing an energy trading company in enforcing a LCIA award against the award debtor in England and India.

• Coordinating a multijurisdictional enforcement process in relation to an ICSID award including in the UK, the US, Italy and South Korea.

• Advising a Ukrainian judgment creditor in enforcement of a foreign judgment against the Russian Federation, and its subsidiaries in England.

• Acting for leading energy companies in the court proceedings before the Commercial Court and the Court of Appeal for interim measures under the Arbitration Act 1996 in a New York seated arbitration (judgments reported at [2020] Bus LR 426, QBD and [2020] 1 WLR 3504, CA).

Crisis Management and Special Situations

• Advising a Middle Eastern telecommunications company on strategy concerning regulators in an African Great Lakes state.

• Advising a Dubai-based infrastructure company in negotiations with a Central African state.

• Advising a gold mining company in its relations with a West African state.

• Assisting a prominent lithium miner in its relations with an African state.

• Advising a mineral sands miner in relation to the renewal of its implementation agreement with an East African state.

Pro Bono

• Representing the lead petitioners in a high-profile, successful constitutional challenge to antiquated laws that criminalised consensual same-sex relations before the Supreme Court of India reported as Navtej Singh Johar v. Union of India (2018) 10 SCC 1.

• Assisting the amicus curiae in judicial proceedings before the Supreme Court of India concerning 1,528 alleged extra-judicial killings by security personnel.