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
As arbitrator:
Co-arbitrator in an ICC arbitration between Chinese and North American parties in the energy sector
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