Albert Marsman

Arbitration

Litigation

Albert specialises in international arbitration. He has handled arbitrations under the ICSID, UNCITRAL, ICC, DIS, NAI and JCAA Rules. His special focus is the energy and financial services sectors.

Albert is the author of the Kluwer handbook “International Arbitration in the Netherlands” (2021; link) and the co-author of the IBA Guide on Arbitration (NL).

Albert’s recent work includes representing:

the former Yukos shareholders in setting aside proceedings in respect of three UNCITRAL arbitral awards worth USD 50 billion issued against the Russian Federation under the Energy Charter Treaty.

the National Bank of Kazakhstan in litigation concerning the freezing of USD 22 billion in assets.

financial group Achmea in two successive UNCITRAL investment arbitrations against the Slovak Republic under the Netherlands-Slovakia BIT seated in Frankfurt and Geneva, and subsequent precedent-setting litigation in the Court of Justice of the EU.

a German renewable energy investor in its ICSID investment arbitration under the Energy Charter Treaty against the Republic of Croatia in connection with the indirect expropriation of a biomass plant.

financial services group NN in its ICSID investment arbitration under the Netherlands-Argentina BIT against the Argentine Republic in connection with the expropriation of NN's pension business.

the Republic of Kazakhstan in its defence against the enforcement of a USD 500 million SCC investment arbitration award on account of fraud in respect of a purported investment in the energy sector.

Crystallex in the enforcement of its USD 1.4 billion ICSID award against the Republic of Venezuela in connection with the expropriation of a gold mine.

gas export company GasTerra – a subsidiary of the Dutch Government, Shell and Exxon – in several gas price arbitrations. These included GasTerra’s USD 5 billion in victories in subsequent ICC and UNCITRAL arbitrations against Italian energy company Eni.

Royal Philips in a EUR 500 million ICC arbitration in Osaka in connection with the failed sale of Philips’ lifestyle entertainment business to Funai Electric of Japan.