Paul Reichler "is one of the world's most respected and experienced practitioners of Public International Law, specializing for more than 25 years in the representation of Sovereign States in disputes with other States, and in disputes with foreign investors. He belongs to a select group of elite lawyers with extensive experience litigating on behalf of Sovereign States before the International Court of Justice in The Hague, and the International Tribunal on the Law of the Sea in Hamburg," (Chambers Global 2010).
Among many other clients and cases, he was Counsel and Advocate for Nicaragua in the historic case of Nicaragua v. United States of America (1984-1986), regarding the illegal use of force in international relations, and for Uruguay in the landmark case of Argentina v. Uruguay (2006-2010), concerning international environmental protection and sustainable development.
He has particular experience representing and advising Sovereign States in land and maritime boundary disputes with neighboring States, including Croatia against Slovenia (2011-present); Bangladesh against Myanmar before the International Tribunal on the Law of the Sea (2009-present); Nicaragua against Colombia in the International Court of Justice (2007-present); Mauritius against the United Kingdom (2010-present); and Bangladesh against India (2009-present) and Guyana against Suriname (2004-2007) in international arbitrations brought under Annex VII of the United Nations Convention on the Law of the Sea. He served as Mediator, appointed by the Secretary General of the Organization of American States, in the land and maritime boundary dispute between Guatemala and Belize (2000-2002).
He has also represented Sovereign States in disputes over transboundary environmental harm, including Ecuador against Columbia, as well as Uruguay against Argentina, before the International Court of Justice.
He has successfully represented Sovereign States in disputes with foreign investors in the world's principal arbitral forums, including the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), and the Stockholm Chamber of Commerce (SCC), where his clients have included Ecuador, Nicaragua, Bolivia, Guyana, Uruguay, Venezuela and the Philippines. He has more than three decades of experience representing Sovereign States against foreign investors and other parties before the federal and state courts of the United States, and is one of the leading experts on litigation under the Foreign Sovereign Immunities Act, which he has invoked on behalf of sovereign clients to defeat lawsuits against them on grounds of immunity from suit. These clients include Canada, Thailand, Chile, Kenya, Tanzania, Venezuela, Liberia, Bolivia, Nicaragua and Guyana.
He has also served as Consultant to various international organizations, including the World Bank, the Inter-American Development Bank, the African Development Bank and the former United Nations Centre on Transnational Corporations. He is included in the Lists of Arbitrators of the International Centre for the Settlement of Investment Disputes and the Arbitration Centre of Kuala Lumpur (Malaysia).
Specialization in the representation of Sovereign States:
· Before the International Court of Justice in The Hague
· Before the International Tribunal on the Law of The Sea
· Before the International Centre for the Settlement of Investment Disputes (ICSID)
· Before the International Chamber of Commerce (ICC)
· Before Other International Arbitration Bodies in Latin America, Europe, Asia and the United States
· Before Federal and State Courts in the United States
· Before the Executive and Legislative Branches of the United States Government in Washington
Representative Experience
The following is a brief summary of Paul's experience and accomplishments:
· Litigation Before the International Court of Justice in The Hague
- Nicaragua v. Costa Rica (Case Concerning Construction of a Road on the Costa Rican Side of the San Juan River). Counsel to Nicaragua (2011-present) in case concerning pollution of San Juan River resulting from Costa Rican construction, industrial and agricultural activities.
- Costa Rica v. Nicaragua (Case Concerning Certain Activities Carried Out by Nicaragua in the Border Area). Counsel to Nicaragua (2010-present) in case concerning allegations of environmental harm resulting from Nicaragua's dredging of the San Juan River and restoration of a channel.
- Georgia v. Russia (Case Concerning Application of the Convention on the Elimination of All Forms of Racial Discrimination). Counsel to Georgia (2008-present) in case concerning Russia's participation in and support for ethnic cleansing aimed at expelling ethnic Georgians from areas occupied by Russian forces following Russia's August 2008 invasion.
- Ecuador v. Colombia (Case Concerning Aerial Spraying on the Border). Counsel to Ecuador (2008-present) in case concerning Colombia's aerial spraying of toxic herbicides in close proximity to the Ecuadorian border, causing serious harm to human health, livestock, crops and the environment in Ecuador.
- Nicaragua v. Colombia (Case Concerning Territorial and Maritime Dispute). Counsel to Nicaragua (2007-present) in case concerning disputed sovereignty over certain islands in the Western Caribbean, and the delimitation of the maritime boundary between Nicaragua and Colombia in those waters.
- Argentina v. Uruguay (Case Concerning Pulp Mills on the Uruguay River). Counsel to Uruguay (2006-present) in case concerning Uruguay's licensing of paper pulp mill as an environmentally-safe model of sustainable economic development and Argentina's allegation that it could pollute the river shared by the two States.
- Costa Rica v. Nicaragua (Case Regarding Navigational and Related Rights). Counsel to Nicaragua (2007-2009) in case concerning sovereignty over the San Juan River, which constitutes the border between the two States, the right to regulate navigation on the river, and the lawfulness of Nicaragua's regulations.
- Democratic Republic of Congo v. Uganda (Case Concerning Armed Activities in the Territory of Congo). Counsel to Uganda (1998-2005) in case concerning accusations against Uganda of armed intervention in the Congolese civil war and the unlawful occupation of Congolese territory.
- Nicaragua v. the United States of America (Case Concerning Military and Paramilitary Activities in and Against Nicaragua). Counsel to Nicaragua (1984-1986) in case concerning the legality of United States military, logistical and financial aid to counterrevolutionary forces attempting to overthrow the Government of Nicaragua, and the mining of Nicaraguan harbors by U.S. military and intelligence forces.
· Litigation, Arbitration and Mediation of Territorial and Maritime Boundary Disputes
- Croatia v. Slovenia. Counsel to Croatia (2011-present) in arbitration facilitated by the European Commission to resolve disputes over maritime and land boundaries.
- Mauritius v. United Kingdom. Counsel to Mauritius (2011-present) in arbitration under the United Nations Convention on the Law of the Sea in regard to the status of the Chagos Archipelago and appurtenant maritime zones.
- Djibouti v. Eritrea. Counsel to Djibouti (2011-present) in arbitration under the auspices of His Royal Highness the Emir of Qatar to end the border conflict and determine the land and maritime boundaries between the two States, including sovereignty over offshore islands.
- Bangladesh v. Myanmar. International Tribunal on the Law of the Sea, Hamburg. Counsel to Bangladesh (2009-present) in case concerning the delimitation of the maritime boundary in the territorial sea, Exclusive Economic Zone, and extended continental shelf in the Bay of Bengal.
- Nicaragua v. Colombia. International Court of Justice, The Hague. Counsel to Nicaragua (2007-present) in case concerning disputed sovereignty over certain islands in the Western Caribbean, and the delimitation of the maritime boundary between Nicaragua and Colombia in those waters.
- Bangladesh v. India. International Arbitration under Annex VII of the United Nations Convention on the Law of the Sea. Counsel to Bangladesh (2009-present) in case concerning the delimitation of the maritime boundary in the territorial sea, Exclusive Economic Zone, and extended continental shelf in the Bay of Bengal.
- Guyana v. Suriname. International Arbitration under Annex VII of the United Nations Convention on the Law of the Sea. Counsel to Guyana (2004-2007) in case concerning the delimitation of the maritime boundary between the two States.
- Guatemala and Belize. International Mediation under the auspices of the Secretary General of the Organization of American States. Mediator appointed by the Secretary General (2000-2002) in facilitating a definitive resolution of the territorial and maritime boundary dispute between the two States.
· International Arbitration on Behalf of Sovereign States Against Foreign Investors
- ETI Euro Telecom International N.V. v. Republic of Bolivia. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Bolivia (2007-2009) in arbitration under bilateral investment treaty brought by Dutch investor whose interests in a Bolivian telecommunications company were nationalized by the government.
- Murphy Exploration and Production Company v. Republic of Ecuador. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Ecuador (2008-present) in case challenging Ecuador's application to U.S. investor of laws establishing the government's share of unexpected and non-negotiated revenue resulting from the unforeseen rise in oil sales prices.
- M.C.I. Power Group L.C. v. Republic of Ecuador. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Ecuador (2008-2009) in annulment proceeding before ICSID panel brought by Canadian investor in electric power sector seeking to annul arbitral award in favor of Ecuador.
- Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Ecuador (2006-2007) in proceeding for provisional measures sought by U.S. oil company based on allegation that its investment in an Ecuadorian oil field was expropriated.
- Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Venezuela (2004-present) in proceeding under the ICSID Additional Facility, based on a claim of expropriation brought by a Canadian mining company under the bilateral investment treaty between Canada and Venezuela.
- Química e Industrial del Borax Ltda. v. Republic of Bolivia. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Bolivia (2006-2009) in proceeding under the bilateral investment treaty between Bolivia and Chile, concerning the Bolivian Government's termination of a mineral concession.
- Shell Brands International AG and Shell Nicaragua S.A. v. Republic of Nicaragua. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Nicaragua (2006-2007) in arbitration under the bilateral investment treaty between Nicaragua and the Netherlands, concerning a seizure of trademarks ordered by the Nicaraguan courts.
- Republic of the Philippines v. Westinghouse Electric Corporation. International Chamber of Commerce (ICC). Counsel to the Philippines (1988-1992) in an arbitration in Lausanne, Switzerland over defects in the design and construction of a nuclear power plant.
- Green Mining Company v. Republic of Guyana. International Chamber of Commerce (ICC). Counsel to Guyana (1992-1996) in an arbitration based in London against an Australian-American company, over claims that Guyana expropriated the company's contract rights.
- A.E.I Luxembourg Holdings S.ar.L. v. Republic of Bolivia. Arbitration Institute of the Stockholm Chamber of Commerce. Counsel to Bolivia (2008-2009) in arbitration under an investment treaty between Luxembourg and Bolivia based on Bolivia's nationalization of a gas pipeline company.
- Republic of Guyana v. Texas Ohio Corporation. International Dispute Resolution Center of the American Arbitration Association. Counsel to Guyana (1998-2003) in arbitration to obtain compensation for a U.S. company's violation of contract to rehabilitate and operate a power plant in Guyana.
- Neptune Mining Company v. Republic of Nicaragua. Arbitration by the former President of Venezuela. Counsel to Nicaragua (1980-1988) in an arbitration based in Caracas, Venezuela, to determine the value of gold mines nationalized by Nicaragua, and amounts owed to Nicaragua by U.S. mining company for failure to pay taxes.
- ENABAS v. Cargill. Arbitration before the Rice Millers Association. Counsel to Nicaragua's state-owned grains distributor (1993-1994) to obtain compensation from U.S. supplier for shipment of adulterated rice from Pakistan.
- Devres v. Republic of Guyana. Arbitration before Sole Arbitrator under the Guyana Arbitration Act. Counsel to Guyana (1999-2003) in case brought by U.S.-based health care consulting company over termination of consulting contract by Guyana.
· Litigation on Behalf of Sovereign States before United States Federal and State Courts
- Community Finance Group v. Kenya. U.S. District Court for the District of Minnesota and U.S. Court of Appeals for the Eighth Circuit (2010-2011), Counsel to Keyna in lawsuit over alleged aiding and abetting of fraudulent transaction by the government and its agencies, and appeal of judgment in favor of Kenya. Court of Appeals affirmed the dismissal of the case.
- Carpenter v. Chile. U.S. District Court for the Eastern District of New York and U.S. Court of Appeals for the Second Circuit (2008-present). Counsel to Chile in lawsuit over alleged human rights violations by Chilean government and officials, and appeal of judgment in favor of Chile on grounds of sovereign immunity.
- Caromin v. Venezuela. U.S. District Court for the Southern District of New York and U.S. Court of Appeals for the Second Circuit (2007-2009). Counsel to Venezuela in lawsuit over alleged expropriation of mining concessions in Venezuela, and appeal of judgment in favor of Venezuela on grounds of sovereign immunity.
- ETI Euro Telecom N.V. v. Bolivia. U.S. District Court for the Southern District of New York. Counsel to Bolivia (2008) in lawsuit to attach accounts of Bolivian government and state-owned telecommunications company in New York banks to secure claims against Bolivia arising from nationalization of the telecommunications company. Lawsuit was dismissed and funds were received by Bolivia.
- Tsunami Victims Group v. Kingdom of Thailand. U.S. District Court for the Southern District of New York (2005). Counsel to Thailand in lawsuit brought by families of victims of the 2004 tsunami accusing the Thai government of failure to provide timely warning or adequate relief to the victims. Lawsuit was dismissed.
- Meridian Bank v. Liberia. U.S. District Court for the Southern District of New York (1996-2000). Counsel to Liberia in defense of lawsuit brought by international bank to collect on defaulted loan procured by bribery of senior government officials. Lawsuit was settled on terms favorable to Liberia.
- Atlantic Tele Network Corporation v. Guyana. U.S. District Court for the District of Columbia (2002-2003). Counsel to Guyana in lawsuit by U.S. telecommunications company claiming that its contract rights had been expropriated and seeking attachment of all economic assistance to Guyana from U.S. Government and all loans from Inter-American Development Bank. Lawsuit was dismissed.
- Global Index, Inc. v. Tanzania. U.S. District Court for the District of Columbia (2001-2002). Counsel to Tanzania and its President and Minister of Finance in a lawsuit seeking redemption of promissory notes allegedly issued by Tanzania and guaranteed by its highest ranking officials. Lawsuit was dismissed.
- Antares v. Nigeria. U.S. District Court for the Southern District of New York and U.S. Court of Appeals for the Second Circuit (1986-1989). Counsel to Nigeria and its Airports Authority in lawsuit by a U.S. company alleging breaches of contract and false imprisonment, and appeal of judgment in favor of Nigeria on grounds of sovereign immunity. Court of Appeals affirmed dismissal of the case.
- De Sanchez v. Banco Central de Nicaragua. U.S. District Court for the Southern District of Florida and U.S. Court of Appeals for the Fifth Circuit (1980-1985). Counsel to Nicaragua in lawsuit to collect on certificates of deposit issued by Nicaragua's Central Bank, and appeal of judgment in favor of Nicaragua on grounds of sovereign immunity. Court of Appeals affirmed dismissal of the case.
- Alberti International, Inc. v. Nicaragua. U.S. District Court for the Northern District of Illinois and U.S. Court of Appeals for the Seventh Circuit (1980-1983). Counsel to Nicaragua in case concerning alleged expropriation of slaughterhouse by Nicaragua government, and appeal of judgment in favor of Nicaragua. Court of Appeals affirmed dismissal of the case.
Publications
· "Mr. World Court", The American Lawyer (January 2009)
· "At The Hague, Uruguay Defeats Argentina's Challenge to a Pulp Mill", The National Law Journal (April 2010)
· "Bangladesh Braces for War, With Foley Hoag Lawyers", The Am Law Daily (October 2009)
· "Crime and Punishment: The ICJ Rules Against Russia", The Am Law Daily (October 2008)
· "Foley Hoag Wins $36 Million for Bolivia", The Am Law Daily (August 2008)
· "Foley Hoag Knows Forgeries", The Am Law Daily (May 2008)
· "International Heavy Hitter", Legal Bisnow (April 2008)
· "Washington's Top Lawyers", Washingtonian Magazine (December 2011)
· "Washington's Top Lawyers", Washingtonian Magazine (December 2009)
· "Washington's Top Lawyers", Washingtonian Magazine (December 2007)
· "Holding America to Its Own Best Standards: Abe Chayes and Nicaragua in the World Court", Harvard International Law Journal (Winter 2001)
· "The Impact of the Nicaragua Case on Matters of Evidence and Fact Finding", Leiden Journal of International Law (2012)
· "El defensor de Uruguay" El Pais, Uruguay, 11/27/10