Experience

Career Path and Education

Before launching his practice as an independent arbitrator, Brian was a senior partner in the international arbitration group at Freshfields Bruckhaus Deringer, where he practiced for two decades. At Freshfields, Brian acted as counsel in major commercial and investor-State disputes, including two of the largest investment arbitrations to date – ConocoPhillips v. Venezuela (for the claimant investor) and Libananco v. Turkey (for the respondent State). Next to his counsel practice, Brian served as arbitrator in cases under the main sets of institutional rules and in ad hoc proceedings. He is included on the panels of numerous arbitral institutions, including the ICSID arbitration and conciliation panels.

Prior to joining Freshfields in 1999, Brian worked together with Albert Jan van den Berg at the Dutch law firm Stibbe (1996-1999), which followed his service as a legal advisor at the Iran-U.S. Claims Tribunal in The Hague (1994-1996). Before moving to Europe, Brian had been a litigation associate at Skadden Arps (1992-1994), and a law clerk for Judge Harry T. Edwards in the Court of Appeals for the D.C. Circuit (1991-1992) and Judge Leonard B. Sand in the District Court for the Southern District of New York (1990-1991).

Brian has been an Adjunct Professor at the New York University School of Law since 2013, where he teaches investment law and arbitration practice. In 2018, he was named a Distinguished Practitioner-in-Residence at the law school.

Brian is a summa cum laude graduate of Princeton University, where he majored in Politics. He graduated first in his class at the New York University School of Law, where he served as an editor on the Law Review. Admitted to practice in New York and Washington, D.C., Brian also has expertise in public international law. He has considerable experience with the Dutch and other civil law systems as well, based on his 13 years of practice in Europe.

Born in the American South in 1963, Brian has lived and worked around the globe. In his spare time, he is an avid reader and a motorcycle enthusiast.

Experience as Arbitrator

In 2002, Brian accepted his first appointment as an arbitrator. He has managed a growing docket of commercial and investment cases since then.

Arbitral Panels

Brian is registered on the panels of arbitral institutions around the world. In particular, he is a panel member of the following institutions:

  • American Arbitration Association (AAA)
  • Deutsche Institution für Schiedsgerichtsbarkeit (DIS)
  • Dubai Chamber of Commerce and Industry (DCCI)
  • ICSID Panel of Arbitrators and Panel of Conciliators (ICSID)
  • International Centre for Dispute Resolution (ICDR)
  • International Chamber of Commerce (U.S. national committee) (ICC)
  • International Institute for Conflict Prevention & Resolution (CPR)
  • Korean Commercial Arbitration Board (KCAB)
  • London Court of International Arbitration (LCIA)
  • Netherlands Arbitration Institute (NAI)
  • World Intellectual Property Organization (WIPO)

Cases

Brian has served as presiding arbitrator, co-arbitrator, sole arbitrator or emergency arbitrator in high-value proceedings under all major sets of arbitration rules, including those of the AAA, ICC, ICDR, ICSID, CPR, LCIA, JAMS, NAI and SIAC, as well as in many ad hoc proceedings under the UNCITRAL Rules.  He has also acted as presiding or sole panelist in more than 50 WIPO domain name disputes.

A listing of Brian’s more recent commercial and investment arbitration appointments follows.

Commercial Arbitrations

Energy/Oil & Gas

  • Presiding arbitrator, ICC arbitration relating to a US$ 9 bn LNG facility on the Gulf of Mexico coast
  • Presiding arbitrator, Singapore-seated ICC arbitration involving a high-value solar power project in Argentina
  • Presiding arbitrator, ICC arbitration seated in London between European and Tanzanian parties in the oil trading sector
  • Co-arbitrator, ICC arbitration involving a US$ 900 m dispute in the nuclear energy sector
  • Co-arbitrator, ICDR arbitration arising out of a services agreement at a major petrochemical facility in Germany
  • Co-arbitrator, AAA arbitration under Texas law involving an oil pipeline project in the Gulf of Mexico
  • Co-arbitrator, ICDR arbitration arising out of long-term services contracts at an oil and gas facility
  • Co-arbitrator, UNCITRAL arbitration under Dutch law concerning the rights to a new oil and gas field in Latin America
  • Co-arbitrator, ICC arbitration relating to an oil and gas processing facility in Louisiana
  • Co-arbitrator, ICC arbitration concerning the development of a solar energy project in Africa
  • Emergency arbitrator, ICC proceeding between two Peruvian parties arising out of a contract for oil and gas exploration and production

Construction

  • Presiding arbitrator, ICC arbitration arising out of the construction of an advanced energy facility in Latin America
  • Presiding arbitrator, ICC arbitration involving civil works being performed at a military base in Asia
  • Presiding arbitrator, ICC arbitration arising out of an EPC contract in relation to a major petrochemical facility
  • Co-arbitrator, ICC arbitration relating to the installation and operation of combined-cycle gas turbine generating units at a plant in Mexico
  • Co-arbitrator, ICC arbitration of a US$ 850 m dispute related to the construction of FPSO vessels for a major offshore oil and gas project
  • Co-arbitrator, ICC arbitration involving advanced electricity generation facilities at four U.S. power plants
  • Sole arbitrator, multi-contract LCIA arbitration under English law with claims exceeding £ 240 m, relating to the construction of an oil terminal in West Africa
  • Sole arbitrator, ICDR arbitration between U.S. and German parties involving a construction project at a defense facility in Europe
  • Sole arbitrator, ICC arbitration under Dutch law between European and Asian companies involving a construction project in India
  • Sole arbitrator, ICC arbitration seated in Amsterdam between English and Indian parties in relation to refinery assets

Life Sciences

  • Presiding arbitrator, AAA arbitration of a US$ 200 m claim arising out of a substantial development and funding agreement in the biotechnology sector
  • Presiding arbitrator, ICDR arbitration involving licensing rights to an innovative gene therapy treatment
  • Co-arbitrator, ICC arbitration arising out of a long-term cooperation agreement for the development of pharmaceutical products
  • Co-arbitrator, ICDR arbitration arising from a manufacturing agreement for advanced biologics products
  • Co-arbitrator, ICDR arbitration between U.S. and English companies in the life sciences sector
  • Sole arbitrator, multi-party ICC arbitration seated in London arising from a corporate acquisition in the life sciences sector

Corporate Transactions/JVs/Licensing

In addition, Brian has served as arbitrator in a large number of cases involving corporate transactions, joint ventures and technology licensing agreements.  Representative examples follow.

  • Presiding arbitrator, AAA arbitration involving a spin-off transaction between market leaders in the insurance industry
  • Presiding arbitrator, CPR arbitration concerning a complex dispute in the financial services sector
  • Co-arbitrator, CPR non-administered arbitration involving trade secret and other claims against a major accounting firm
  • Co-arbitrator, ICC arbitration arising out of a Connecticut law-governed contract for the purchase of specialized steel products to be used in naval vessels
  • Co-arbitrator, US$ 850 m SIAC arbitration involving change-of-control provisions in a long-term patent cross-licensing agreement in the consumer electronics sector
  • Co-arbitrator, JAMS arbitration concerning a long-term cooperation agreement arising out of a major corporate bankruptcy
  • Co-arbitrator, ICC arbitration arising from a long-running dispute involving patent licenses in the telecommunications sector
  • Co-arbitrator, ICDR arbitration between Cayman and BVI companies engaged in a joint venture for aircraft maintenance services
  • Co-arbitrator, Hungarian Chamber of Commerce arbitration between Dutch and Hungarian parties involving the disputed ownership of a popular sports franchise
  • Sole arbitrator, ICC arbitration between Panamanian and U.S. companies engaged in a financing transaction
  • Sole arbitrator, ICC arbitration seated in Amsterdam between Swiss and Polish parties involving the disputed ownership of a steel plant
  • Sole arbitrator, UNCITRAL arbitration between U.S. and Nigerian parties, relating to a joint venture in the aviation industry
  • Sole arbitrator, NAI arbitration arising from a dispute between parties operating a shipping business
  • Sole arbitrator, ICC arbitration arising out of a joint venture dispute in the financial services sector

Investor-State Arbitrations

  • President, ad hoc Committee in ICSID Case No. ARB/14/5 (Infinito Gold Ltd. v. Costa Rica), involving an underlying gold mining project
  • President, ad hoc Committee in ICSID Case No. ARB/15/29 (Cortec Mining Limited v. Kenya), a case arising from a rare earth minerals mining operation
  • Co-arbitrator, ICSID Case No. ARB/21/43 (TS Villalba GmbH v. Spain), an arbitration commenced under the Energy Charter Treaty (ECT) in relation to the operation of solar projects
  • Co-arbitrator, UNCITRAL arbitration seated in London arising out of an investment in the telecoms sector of a South Asian country, with claims exceeding US$ 250 m
  • Co-arbitrator, ICSID Case No. ARB/20/27 (Barrick (PD) Australia Pty Limited v. Papua New Guinea), involving a US$ 900 m claim in relation to a mining project
  • Co-arbitrator, ICSID Case No. ARB/21/22 (Uniper v. The Netherlands), a € 1.09 bn claim under the ECT in relation to coal-fired power generation facilities
  • Co-arbitrator, UNCITRAL arbitration seated in London arising out of an innovative electricity supply project in sub-Saharan Africa
  • Co-arbitrator, UNCITRAL arbitration seated in Paris concerning the electricity transmission network of a European country, with claims exceeding € 430 m
  • Member, ad hoc Committee in ICSID Case No. ARB/16/5 (ESPF v. Italy), involving investments in the solar energy sector
  • Member, ad hoc Committee in ICSID Case No. ARB/16/5 (ESPF v. Italy), involving investments in the solar energy sector

Prior Experience as Counsel

During his more than 25 years of law firm practice prior to transitioning to full-time independent arbitrator work in 2018, Brian acted as counsel in over 100 commercial and investment arbitrations.  Representative examples follow.

Commercial Arbitrations

  • Lead counsel to a major U.S. pharmaceutical company in a Singapore-seated ICC arbitration and a London-seated LCIA arbitration, both involving innovative drug therapies
  • Lead counsel to a government agency in a series of FIDIC-form construction arbitrations, under the ICC and UNCITRAL Rules, arising from roadway projects in sub-Saharan Africa
  • One of two lead counsel to a consortium of prominent Korean companies in a Toronto-seated ICC arbitration arising out of the construction of a power plant
  • Lead counsel to an international mining company in a dispute in Latin America involving long-term take-or-pay contracts
  • One of two lead counsel to the ConocoPhillips Company in two multi-billion dollar ICC arbitrations against the national oil company of a Latin American country
  • Lead counsel to a European energy company in a complex dispute arising from the construction of a gas pipeline in Central America

Investor-State Arbitrations

  • Lead counsel to the ConocoPhillips Company in its successful, precedent-setting ICSID arbitration against Venezuela arising from the unlawful expropriation of three very substantial oil projects (Case No. ARB/07/30)
  • Lead counsel to the Government of Grenada in the successful defense of two ICSID arbitrations, and a related annulment proceeding, arising from an offshore oil and gas exploration contract (Case Nos. ARB/05/14 and ARB/10/6)
  • Lead counsel to the Government of Saint Lucia in the first ICSID proceeding in which security for costs was granted to a respondent State (Case No. ARB/12/10)
  • Counsel to the Republic of Turkey in three ICSID proceedings under the ECT, in which claims totaling more than US$ 20 bn were dismissed in full (Case Nos. ARB/06/8, ARB(AF)/06/2 and ARB(AF)/07/2)
  • Lead counsel to the United Republic of Tanzania in the successful defense of an ICSID arbitration arising out of a water treatment project in Dar es Salaam (Case No. ARB/05/22)