Experience

Brenda has extensive experience with international commercial and investment treaty arbitration matters at both the arbitration and enforcement stages. A representative list of cases is below.

International Commercial Arbitration

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As arbitrator:

  • Sole arbitrator in a SIAC arbitration between Myanmar parties in a dispute in the telecoms sector

  • Sole arbitrator in a SIAC arbitration between Asian and North American parties in a dispute over distribution agreements in the agricultural chemical sector

  • Emergency arbitrator in a SIAC Emergency Arbitration between Singaporean and European parties in the sports sector

  • Sole arbitrator in an LCIA arbitration between Australian and Korean parties in the e-commerce sector

  • Chair in an ad hoc arbitration under the UNCITRAL Rules between Singaporean and Caribbean parties in a dispute in respect of an acquisition agreement

  • Sole arbitrator in a SIAC arbitration between Asian and North American parties in a dispute in relation to a social media acquisition agreement

  • Sole arbitrator in a SIAC arbitration between Canadian and Singaporean parties in a dispute in the pharmaceutical sector

  • Co-arbitrator in an LCIA arbitration between Chinese and European parties in the energy sector

  • Chair in a KCAB arbitration between Chinese and Korean parties in the technology sector

  • Sole arbitrator in a NZDRC arbitration between Chinese and New Zealand parties in the pharmaceutical/e-commerce sector

  • Sole arbitrator in a SIAC arbitration between Asian and African parties in the energy sector (hydropower)

  • Sole arbitrator in an ad hoc arbitration under the UNCITRAL Rules between Australian and Asian parties in the services sector

  • Emergency arbitrator in a SIAC Emergency Arbitration between Asian parties in connection with an acquisition agreement

  • Chair in an ad hoc arbitration under the UNCITRAL Rules between North American and Asian parties in connection with an acquisition agreement in the hydropower sector

  • Sole arbitrator in an ICC arbitration between Caribbean and Central Asian parties in the energy sector

  • Sole arbitrator in an ICC arbitration between Eastern European and Asian parties in the services sector

As counsel:

  • An Australian client in pre-arbitration negotiations in relation to a dispute with a European counterparty and potential arbitration — ICC Rules (with the CISG as the governing law of the contract)

  • A Middle Eastern client in an arbitration brought by its Asian counterparty in connection with a dispute under a long-term contract — JCAA Rules

  • An Asian subsidiary of a multinational company in an arbitration brought by its Chinese and Korean counterparties in connection with a dispute over a resource contract in the manufacturing sector, and in related proceedings in the Singapore courts — SIAC Rules

  • An Asian entity in an arbitration against its Central Asian counterparty in connection with a dispute over a turnkey project in the telecommunications industry, and in related proceedings in the Chinese courts relating to the project and in Singapore with respect to an application for set-aside — ICC Rules

  • An Asian client in an arbitration brought by its European counterpart in connection with a dispute under a share transfer agreement involving allegations of fraud — CIETAC Rules

  • An Asian client in an arbitration against a Hong Kong entity in connection with a dispute over a joint venture in the paper industry involving allegations (by each party against the other) of fraud and forgery of documents — SIAC Rules

  • A Chinese client in an arbitration brought by its European counterparty in connection with a dispute arising under a supply agreement in the solar sector — ICC Rules

  • A Middle East-based investment fund in relation to pre-arbitration efforts to recover funds following a failed investment in mainland China

  • A Chinese client in a commercial arbitration against a North American entity relating to a joint venture dispute in the textile industry — HKIAC Rules

  • A European client in a pre-arbitration dispute against a Chinese entity relating to a licensing agreement in the media sector — SIAC Rules

  • A Chinese subsidiary of a Hong Kong listed company in a commercial arbitration against a European entity relating to a dispute arising under an equipment supply contract in the green energy sector — HKIAC Rules

  • Chinese and Hong Kong clients in a commercial arbitration against a European entity relating to a dispute arising under a substantial purchase contract — SIAC Rules

  • A North American client in a pre-arbitration dispute against a Chinese entity relating to a commercial dispute in the manufacturing sector — SIAC Rules

  • A European client in a commercial arbitration against a Chinese entity relating to a technology license arrangement in the transportation sector — CIETAC Rules

  • A Chinese client in an arbitration against, and related mediation with, its European counterparty in connection with a joint venture dispute in the food and beverage sector — HKIAC Rules

  • A Western client in an arbitration against a major Russian company in connection with an oil pipeline project in a CIS jurisdiction — ICC Rules

  • A European client in two arbitrations against a CIS entity relating to a project for development of a gas field in a CIS jurisdiction — SCC Rules


Bilateral Investment Treaties

  • Pre-arbitration advice to Chinese claimant in a potential investment treaty dispute against a Central European state

  • Faculty member, UNCTAD Training on Investment Treaty Drafting for treaty negotiators from APEC member countries

  • Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri (Turkey): Co-lead counsel in an ICSID arbitration against the Republic of Kazakhstan in connection with a dispute in the telecoms sector

  • GEA Group Aktiengesellschaft (Germany): Co-lead counsel in an ICSID arbitration against Ukraine in connection with a dispute in the natural resources sector

  • Central European client: Special counsel advising in connection with a potential ICSID arbitration against the Republic of Kazakhstan relating to a dispute in the natural resources sector

  • Canadian client and its UK parent: Lead counsel in a potential ICSID Additional Facility arbitration against the Republic of Romania relating to a dispute in the natural resources sector

  • European Media Ventures (a Luxembourg entity): Lead counsel in a BIT arbitration under the UNCITRAL Rules against the Czech Republic relating to an investment in the media sector

  • Joseph Charles Lemire (US): Special counsel in an ICSID arbitration against the State of Ukraine in connection with a dispute in the media sector