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Skadden, Arps, Slate, Meagher & Flom (UK) LLP

David Herlihy

London, UK UK Guide 2022 Ranked in 2 departments
Ranked in : International Arbitration , Public International Law
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Lawyer profile for UK 2022

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UK 2022
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Global 2021

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UK
International Arbitration - UK-wide

Band 3

David Herlihy has a strong practice representing investors and sovereign states in high-value and often novel investment treaty claims. He demonstrates notable strength in ICSID disputes and has experience acting for European and Middle Eastern entities.
"He is very knowledgeable, smart and flexible. He has a strong commercial sense and a very positive attitude." "He is very smart and capable."
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Public International Law - London (Firms)

Band 3

David Herlihy has tremendous experience in investor-state arbitrations as well as broader PIL matters. He regularly acts on behalf of both companies and sovereign states in big-ticket disputes brought under BITs, as well as providing advice on issues concerning international human rights law.
"He is a technical, black-letter lawyer with a sense of strategy."
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Practice Areas

David Herlihy focuses on complex international commercial arbitration and investment treaty arbitration, as well as broader issues of public international law.

He has a broad range of experience in commercial and investment treaty disputes across multiple industries, including Spanish-language disputes in Europe and Latin America.

Work Highlights

Investment Treaty Arbitration/Public International Law:

- Vodafone International Holdings B.V. in its landmark victory against the Republic of India under the Netherlands-India bilateral investment treaty. In its September 2020 award, an UNCITRAL tribunal held that India’s attempt to impose a $5.5 billion liability onto Vodafone and its Indian subsidiary — through retroactive withholding taxes, interest and penalties — was in breach of international law. In recognition of this win, Legal Business UK named Skadden as its 2021 International Arbitration Team of the Year;

- the Republic of Cyprus in its successful defence of ICSID claims arising out of its regulatory treatment of the nation’s second-largest bank during the eurozone financial crisis. In a 2018 award rendered under the Cyprus-Greece bilateral investment treaty, an ICSID tribunal upheld Cyprus’ defences in full, rejected claims by the bank’s former shareholders that had sought more than €1 billion in damages, and awarded costs in favour of Skadden’s client;

- NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. in the successful prosecution of claims against Spain under the Energy Charter Treaty. In a 2019 award, an ICSID tribunal awarded our clients damages of €292 million plus attorneys’ fees, making this the largest damages award against Spain in the renewable energy sector;

- the Slovak Republic in its successful defence of a bilateral investment treaty dispute involving claims in excess of €1 billion;

- Global Telecom in an investment treaty dispute against Algeria concerning the treatment of its subsidiary Djezzy resulting in a settlement and joint venture agreement under which Skadden’s client received net cash payments of US$3.8 billion;

- the Republic of South Sudan in its oil sector negotiations and related international law issues following its secession from the Republic of Sudan, as well as in ICSID proceedings brought by Sudapet Co. Ltd. concerning the disputed ownership of significant oil field interests (disputed amount exceeding US$1 billion);

- the Republic of South Sudan in the recovery of substantial sums representing the proceeds of shipments of crude oil misappropriated by the Republic of Sudan.

Commercial Arbitration and Litigation:

- a Dutch investor in LCIA arbitration proceedings concerning the impact of COVID-19 on the completion of a commercial real estate transaction valued at €300 million;

- a Brazilian company in an LCIA arbitration arising out of a contract in the oil and gas sector;

- a Spanish renewable energy company in ICC arbitration proceedings seated in Madrid and governed by Spanish law;

- a Brazilian multimedia company in an ICC arbitration arising out of a contractual dispute with a Venezuelan company;

- a Mexican telecommunications company in a shareholders’ dispute under the AAA International Arbitration Rules.

Languages Spoken

French

Spanish

UK

This individual is also ranked in:

Global 2021
David Herlihy

Skadden, Arps, Slate, Meagher & Flom (UK) LLP

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