Matters

Data Center Projects

  • Representation (ongoing) of utility developing small modular reactor projects (utilizing xEnergy technology) in Pacific Northwest with Amazon providing development funding and serving as the lead offtaker of electricity in connection with its data center project, including negotiation of funding agreement with Amazon for current project as well as extension of funding/rights for future projects (including power needs, fuel supply matters, and IP licenses), and terms related to debt financing (including DOE) of initial project.
  • Representation of major U.S. utility in planned development, financing, construction (including early-stage FEED work aimed at evaluating technologies, JV/funding structuring, and related project structuring matters), and operation of SMR nuclear project at existing nuclear plant site, with shared funding and power offtake by JV partner in connection with data center development and operations.
  • Representation of major utility group in connection with its contemplated role as COLA advisor and provider of commissioning, start-up, and operational services (including interface amongst developer, technology provider, contractor, and operator, together with development of divisions of responsibility and collaborative mechanisms [including a project steering committee] amongst project participants and development/monitoring of key milestone schedule and stakeholder incentives) for SMR project in western United States, as well as evaluation re DOE award/flow-down terms/financing terms, as well as operating cost and Class 1, 2, and 3 capital cost estimate evaluations and analysis re data center offtake demands.
  • Representation of data center developer in New Mexico/Texas, including negotiation of agreement for provision of initial power (conventional – gas-fired) and planned acquisition of longer-term power needs of up to 2.25 GW (including substantial carbon-free and contemplated microgrids), as well as other development and financing matters.
  • Representation of world’s largest renewable power producer in connection with data center offtake power purchase agreements (largely renewable-based) and restructurings/sales of investments in data centers and related provisions of electrical power (including sale of 50% interest to data center JV co-owner/offtaker).
  • Representation of world’s largest renewable power producer in formulating transaction structure to be used in connection with nationwide data center energy development on behalf of one of the largest technology companies in the world.
  • Representation of data center co-owner in sale of majority stake in two data center projects in Texas (phased sale combined with collateral security, guarantees, and equity commitments) and modification of electrical supply arrangements.
  • Representation of JV including NuScale (as technology provider) and PE group in connection with current bidding for SMR project to be developed on a build-transfer basis for a large Eastern utility group (designed to serve data center needs).
  • Representation of leading AI company in contemplated investments in nuclear technology companies (fusion and SMR) in relation to securing long-term power needs for data centers.
  • Work together with Energy Futures institute (founded by former Energy Secretary Moniz) in development of financing model for multiple SMR projects to share cost-overrun debt facilities.

Renewables and Emerging Energy Technology

Solar (including Storage and Hybrid)

  • Representation of world’s largest renewable energy producer in connection with planned development, construction, and sale of eleven battery electric storage systems (BESS) related to solar power projects (both operating and under construction) in Texas.
  • Project counsel for solar power project developer in development, construction (including handling contractor disputes), project financing, and sale of interests in SEGS II-IX (370 MW integrated solar facilities with aggregate project cost of $1.4 billion) (world’s first utility-scale solar power projects).
  • Representation of world’s largest renewable energy producer in connection with its project development and construction work for eight BOT solar power projects (including with accompanying storage systems) for multiple utilities.
  • Representation of world’s largest renewable energy producer in adding storage capacity to existing solar projects in California (including related PPA amendments).
  • Representation of world’s largest renewable energy producer in connection with development of 1 GW solar facility in the United States (in conjunction with green hydrogen project).
  • Representation of EDF in connection with BOT solar project development and financing in U.S..
  • Representation of Duke Energy in connection with U.S. solar power investments and workouts (including renovation/restructuring of existing solar facilities).
  • Representation of utility in Western US in solar additions to conventional power plant.
  • Representation of Tesla in connection with battery/solar power projects in Mexico.
  • Representation of Sener (Spain) in connection with solar power project development in the United States.
  • Representation of large European energy company in connection with the development, construction, and financing of 280 MW solar projects in Arizona and California.
  • Representation of sponsor in development, construction, and financing of 392 MW solar power project in California.
  • Representation of sponsor in development, construction, and venture financing of solar and related facilities for extraction of water from air to be marketed to consumers.
  • Representation of Masdar (Abu Dhabi Future Energy Company) in connection with the development of utility-scale solar power projects in Abu Dhabi and Dubai (including one project named as Middle East Power Project of the Year).
  • Representation of Masdar in connection with development of distributed solar facilities for Masdar City ($25 billion “green new city” in Abu Dhabi planned by Sir Norman Foster).
  • Representation of project developer in connection with solar power project in Africa.
  • Representation of JBIC (Japanese Bank for International Cooperation) in connection with solar project financing in India.
  • Representation of Mahindra & Mahindra in the development, construction, and financing of solar power projects in India.
  • Advising the Government of India on the structuring and establishment of the Jawaharlal Nehru National Solar Mission (including related financing issues).
  • Representation of Sener in connection with solar power project development in India.
  • Representation of Riverstone in connection with acquisition of Spanish solar facility.
  • Representation of Riverstone in connection with solar JV with AES in Italy.
  • Representation of world’s largest renewable energy producer in connection with bidding for multiple large combined solar, storage, and wind project portfolios (up to 2.4 GW).
  • Representation of Canadian infrastructure fund in bidding for $1 billion portfolio of North American solar energy projects (including operational and development projects).
  • Representation of large sovereign wealth fund-backed (ADIA and GIC) foreign energy group in bidding to acquire solar development company based in Western U.S.
  • Representation of distributed solar power developer in transactions with national retail chains and subsequent sale of portfolio of projects to major solar development company.
  • Representation of major U.S. solar power developers in connection with multiple major PV module supply agreements (for utility-scale and residential purposes) and related disputes.
  • Representation of U.S. solar power developer in acquisitions of inverters.
  • Representation of solar PV module developer in connection with finance, development, and construction matters for new overseas manufacturing facility, as well as on product sale terms and equity financing matters.
  • Representation of manufacturer of solar energy generation components in R&D and product sales matters.
  • Representation of renewable energy producers and purchasers in connection with synthetic/corporate PPA transactions.

Wind

  • Representation of project sponsors in connection with development of wind projects in Altamont Pass and San Gorgonio regions, California.
  • Representation of Japanese lender group in $250 million workout of wind project.
  • Representation of GE EFS in investments in North American power projects (including wind and other renewables).
  • Representation of private equity investors in two wind power projects in Texas.
  • Representation of world’s largest renewable energy producer in connection with acquisition of multistate wind energy project portfolios and related repowering and refinancing activities.
  • Representation of world’s largest renewable energy producer in connection with acquisition of interests in JV for wind projects under construction, including entry into related O&M and project management agreements.
  • Representation of Riverstone in connection with wind power investments in Europe (including UK), including portfolio acquisitions and formation of development company for UK and continental assets.
  • Representing lenders in connection with wind power project restructuring in Panama.
  • Representation of developer of European offshore wind generation facility.
  • Representation of WTG manufacturer Suzlon in potential wind power acquisition.
  • Representation of Vestas in connection with development of manufacturing facilities in Asia.
  • Representation of Vestas in connection with wind turbine sales/installation and O&M for BP.
  • Representation of Vestas in connection with wind turbine sales/installation for Terna Energy.
  • Representation of Vestas in connection with wind turbine sales and installation (and related construction/warranty disputes) for various other North American wind project developers.

Hydrogen

  • Representation of world’s largest renewable energy producer in $4 billion JV for development, construction, and financing of green hydrogen project (including 1 GW solar plant).
  • Representation of world’s largest renewable energy producer in JV formation and bidding for multiple US hydrogen hub projects.
  • Representation of world’s largest renewable energy producer in negotiating terms for JV with major industrial gas company.
  • Representation of world’s largest renewable energy producer in developing templates for green hydrogen sale documents and JV activity.
  • Representation of sovereign wealth fund-backed Indian renewable energy company in overseas investment activities relating to acquisition and development of green hydrogen and other renewable energy projects.

Other Renewables

  • Representation of world’s largest renewable energy producer in connection with formation of joint venture (with Daimler and Blackrock), and related project development, construction, and financing activities, for establishment of EV truck charging stations in multiple corridors in U.S.
  • Representation of U.S. developers of biomass power projects.
  • Representation of developer of biofuels production facilities.
  • Representation of world’s largest renewable energy producer in bidding for portfolios and development companies in the renewable natural gas/RNG sector (including dairy).
  • Representation of developer of biogas production facility.
  • Representation of BP in connection with analysis of landfill gas purchase agreements.
  • Representation of project sponsor in connection with development and financing of geothermal power projects in California and Hawaii.
  • Representation of project sponsors in development, construction, and financing of cogeneration power plants in California (Port of Stockton and San Jose), including first renewable energy sale-leaseback for major project in California.
  • Representation of contractor/sponsor in connection with carbon capture projects.
  • Represent energy companies/funds in venture capital investments in emerging technologies.
  • Representation of consortium including Soros and Thyssen Krupp Uhde for development of distributed biomass power projects in India.
  • Representation of developers of biomass power projects in the United Kingdom.
  • Representation of JV in connection with development of methane-fueled power project in Thailand.
  • Representation of Masdar and E.ON in formation of global JV aimed at the “greening” of brownfield projects/carbon credit generation and representing the JV in such projects.

Nuclear Power Projects

  • See also multiple SMR nuclear projects listed above in “Data Center” descriptions.
  • Representation of the UAE government (Federal Authority for Nuclear Regulation – FANR) in connection with the regulation, development, construction, and financing of $20 billion Barakah nuclear power project.
  • Representation of utility in sale of 49% ownership interest in operating nuclear power plant together with negotiation of related power purchase agreement relative to remaining 51% as well as joint ownership and operation agreements.
  • Representation of European government in development, construction, and financing of new nuclear power project.
  • Representation of lenders in nuclear plant refinancing.
  • Representation of Bechtel in connection with Connecticut Yankee nuclear plant decommissioning dispute.

Conventional and Power/LNG; Other Electric Power Matters

  • Project counsel for Quezon (Philippines – Worldwide Project of the Year).
  • Project counsel for lijan (representation of KEPCO in 1200 MW combined-cycle power project and associated gas pipeline in the Philippines – Asian Project of the Year).
  • Project counsel for Meizhou-wan (China – Asian Project of the Year).
  • Project counsel for Samalayuca (Mexico – Latin American project of the Year).
  • Representation of equity note purchasers (BlackRock, Macquarie, and Manulife) in $974 million lease-leaseback transaction for TVA Johnsonville aeroderivative combustion turbine generation facility under construction.
  • Representation of Korean utility consortium in negotiations to acquire gas-fired combined-cycle power project under development in US.
  • Representation of GE EFS in connection with acquisition, financing, and/or sale of multiple gas-fired combined-cycle power projects in US.
  • Representation of Bechtel in connection with the multi-billion dollar sale of its interests in InterGen to Royal Dutch Shell.
  • Representation of developers of LNG/power facilities (including Panama).
  • Representation of Abu Dhabi Water and Electricity Authority in connection with IWPP (integrated water and power projects).
  • Representation of InterGen in connection with development, construction, and financing of numerous power projects in Asia, Europe, and Latin America.
  • Acting as chief counsel for Bechtel and General Electric (in close coordination with OPIC/DFC) in the successful restructuring of the largest single foreign investment ever made in India, the multi-billion dollar Dabhol energy project (three power plants combined with LNG import facilities and vessel). Project included negotiation with onshore and offshore lenders as well as supervision/ direction of over 40 legal proceedings in five countries and eight international arbitrations involving, bilateral investment treaties, project agreements, shareholder agreement, and public/private political risk insurance. Bechtel and GE had originally written off their entire investments in the project – following the restructuring and related arbitrations, they ended up recovering all of their investments and a portion of their lost profits, in a situation where the project lenders were forced to write off all of their interest and 35% of their principal. (See also listing in Dispute Resolution section below.).
  • Representation of infrastructure fund In Asian conventional energy investments.
  • Representation of Bechtel in connection with the sale of interests in the Quezon Power Project to a consortium including GE EFS.
  • Representation of Caribbean government in energy privatization project.
  • Representation of U.S. power producers in energy derivatives work.
  • Representation of Bechtel in connection with numerous matters related to Nexant, including eventual Nexant spinoff.
  • Representation of ESCOs in formation and transactional matters.
  • Representation of Southern in analysis of California energy and liability laws in connection with secondment of employees for helping to remediate effects of California wildfires;
  • Representation of Berkshire Hathaway Energy in bidding for one of the largest U.S. municipal utility authorities (power and water).
  • Representation of JBIC in connection with advisory matters on U.S. energy and infrastructure.

Transmission

  • Representation of major U.S. utility group in connection with formation of $800M JV with regional utility for development, construction, and financing of new transmission line (together with contemplated expansion into planned upgrades and other transmission lines).
  • Representation of major U.S. utility group in contemplated purchase (from PE owners) of 100% of membership interests of owner of 125-mile long 500kV AC transmission line under construction.
  • Representation of major U.S. utility group in sale of $1.2 billion of operating transmission company interests into JV with infrastructure funds for transmission assets located in Northeast, Southwest, Midwest, and West (including analysis of rate recovery issues and existing partner ROFO rights).
  • Representation of DFC (Development Finance Corporation) in financing transmission system improvements in Pakistan.
  • Representation of ADWEA in connection with transmission matters in the UAE/GCC.
  • Representation of generation project developer in permitting, construction, and financing of 31 km transmission line.

Oil & Gas/LNG

Mr. Nelson’s oil & gas/LNG experience includes representation of sponsors, lenders, contractors, and private equity investors in downstream, midstream, upstream (onshore and offshore), LNG, and other types of transactions, including project development, construction, and financing; investments; M&A; and major construction and investment disputes.

Examples of his oil & gas experience include:

Downstream

  • The Dow Chemical Company and Mitsui in the development, project financing, and construction of a chlor-alkali facility in Freeport, Texas, a project that earned Financial Times Innovative Lawyers recognition. A senior Dow treasury official described it as a benchmark transaction with impeccable execution and exemplary teamwork combined with the fastest ever project finance timeline.”
  • Representation of supermajor oil & gas company in connection with JV (with Qatar Energy) for development, construction, and financing of $10 billion downstream project on US Gulf Coast.
  • Representation of supermajor oil & gas company in connection with JV (with Qatar Energy) development, construction, and financing of $9 billion downstream project in Qatar.
  • Representation of supermajor oil & gas company in connection with contemplated $15 billion downstream acquisition (global).
  • Representation of supermajor oil & gas company in connection with contemplated $4 billion downstream acquisition on U.S. Gulf Coast.
  • Representation of supermajor oil & gas company in connection with various matters related to downstream JV.
  • Representation of Dow Chemical in the development and construction of a $6 billion series of petrochemical facilities on the U.S. Gulf Coast (Louisiana and Texas), as well as related JV and financing matters.
  • Representation of major Japanese trading house in bidding for acquisition of interest in ammonia production facility on the Texas Gulf Coast.
  • Representation of Dow Chemical in the development, construction, and financing of an ethylene cracker facility in Texas and in connection with the development of a related ethylene glycol production plant being developed by a Kuwait Petroleum/Dow Chemical joint venture.
  • Representation of Mitsui and Dow Chemical in connection with the construction of dock works, berthing facilities, tanks, and related pipelines on the U.S. Gulf Coast for the storage and shipment of petrochemical and chemical products.
  • Representation of major international contractor in connection with $6 billion refinery project in India, including related port and trans-shipment facilities for oil products, chemicals, and LPG.
  • Representation of Dow Chemical in connection with structuring of international downstream joint ventures with Middle Eastern NOC and exchanges/sales of interests in those JVs.
  • Representation of project sponsor in connection with construction, financing, intermediation, and tolling matters in connection with $3 billion refinery restart project in the Caribbean.
  • Representation of Dow Chemical in connection with $15 billion Sadara petrochemical project in the Kingdom of Saudi Arabia (including port facilities, buildings, and pipelines related to chemicals/ petrochemicals produced at the facility).
  • Representation of Freepoint Commodities in connection with crude oil intermediation, including related supply, offtake, and terminal services agreements.
  • Representation of Freepoint Commodities in connection with providing environmental credits to Texas refinery, including Renewable Identification Numbers (RINs) related to biomass-produced diesel and other renewable fuels.
  • Representation of Reliance (India) in connection with joint venture/licensing agreements with U.S. company relating to downstream activities in India and elsewhere in Asia/MENA.
  • Representation of Dow Chemical in the $5 billion sale of its chlor-alkali assets to Olin Corporation (Reverse Morris Trust transaction) and related ethylene sale and storage agreements.
  • Representation of Dow Chemical in connection with contemplated JVs for production of biogas.
  • Representation of Occidental in connection with $250M sale of downstream facility in Michigan.
  • Representation of U.S. oil & gas/chemical companies in connection with investments and projects related to “green” fuels and “green” chemical production.
  • Representation of LyondellBasell in connection with restructuring of certain downstream operations in the United States.
  • Representation of Arclight in connection with contemplated financing of cracker project.
  • Representation of project sponsor in contemplated methanol plant development and financing.
  • Representation of producer of industrial gas recycling systems in negotiations with host facilities.

Midstream

  • Representation of sponsors of Texas-Mexico natural gas pipeline in project development and financing matters.
  • Representation of utility in sale of natural gas pipelines.
  • Representation of lenders in connection with Los Ramones II pipeline financing.
  • Representation of Carlyle in contemplated $750M debt financing of pipeline facilities.

Upstream

  • Representation of IFC in connection with financing of offshore oil project in Nigeria.
  • Representation of commercial banks in “B” tranche of IFC-led offshore oil project financing in Cameroon (including analysis of oil terminal facilities and arrangements at the port of Douala).
  • Representation of European E&P company in connection with its oil & gas interests in India (including acting as co-first chair in related arbitrations aggregating $11.3 billion – see Dispute Resolution).
  • Representation of Mitsui in connection with pre-salt Brazilian offshore oil investments.
  • Representation of Arclight in contemplated financing of production platform in U.S. Gulf Coast.
  • Representation of Royal Dutch Shell in connection with its Alaska offshore oil drilling program.
  • Representation of Riverstone in connection with investment in offshore oil terminal services company.
  • Representation of participants in oil exchange agreement transactions.
  • Representation of participants in terminal services transactions.

LNG

  • Representation of Middle Eastern national oil company in connection with contemplated investment in $45 billion LNG project under development on U.S. Gulf Coast.
  • Representation of Korean company in sale of LNG project interests in South America.
  • Representation of Dow Chemical in connection with its ownership interest in Freeport LNG and the conversion of Freeport LNG from an import to an export facility.
  • Representation of BHP Billiton in its bid to acquire Freeport LNG (BHP eventually withdrew from the auction since it wished to acquire the entire facility, not simply an interest in it).
  • Representation of Bechtel in connection with LNG FEED and EPC contracting and financing-related provisions.
  • Representation of Chiyoda in connection with contracting to build LNG facilities.
  • Representation of project sponsor in connection with development, construction, and financing of LNG-power integrated facility in Panama.
  • Representation of JV (including Bechtel and GE) in connection with LNG sales contracts with ADGAS and Oman LNG.
  • Representation of Osaka Gas in connection with its entry into LNG purchase agreement relating to Sakhalin LNG.
  • Representation of project sponsors in first-ever project financing (as opposed to conventional ship financing) of LNG carrier.
  • Representation of Hawaii Gas in connection with importation of containerized LNG.
  • Representation of major shipping company in connection with negotiations with oil major for supply of marine LNG fuel.
  • Representation of major shipping company in development of marine fuel acquisition templates in advance of IMO 2020.
  • Representation of British Columbia in connection with its development and bidding process for LNG export facilities.

Other Oil & Gas

  • Representation of energy companies in connection with the formation of a joint venture for pursuing brownfield methods of creating emissions credits and enhancing project profitability, and the negotiation and execution of global investments for the joint venture (including renovation of gas pipeline networks in Uzbekistan to cut down on substantial leakage and financing waste-methane recovery project in Thailand).
  • Representation of developer of modular gasoline stations in financing and sale negotiations with supermajor oil & gas company.

Infrastructure

Mr. Nelson’s infrastructure work in the Americas, Africa, Asia, Europe, and the Middle East has focused on public-private partnerships (P3s) and use of innovative methods for project planning, development, construction, and financing in industrial/manufacturing projects, transportation (airports, intermodal ports and terminal facilities, rail, toll roads), mining, sports/entertainment, telecoms, and water. Salient examples of his infrastructure work include

  • Representation of Bechtel in connection with Houston port modernization project.
  • Representation of Actus Lend Lease in connection with development and financing of $4 billion Schofield military housing privatization project in Hawaii and $1 billion Hickam military housing privatization project in Hawaii.
  • Representation of developer and Bechtel in connection with U.S. wastewater privatization project.
  • Representation of construction company participant in contemplated P3 California high-speed rail development.
  • Representation of developer of cold storage facilities and light industrial/warehouse projects.
  • Representation of project sponsor in development and financing work for Underwater World at Pier 39 in San Francisco.
  • Representation of U.S. rare earths mining company in connection with development and construction of processing and magnet manufacture facility (related to EV batteries) as well as related process facility improvements.
  • Representation of Korean company developing $7B steel project in Louisiana with respect to acquisition of energy (including green energy) for the project.
  • Representation of project developers in connection with construction of dock works, berthing facilities, tanks, and related pipelines on the U.S. Gulf Coast for storage and shipment of petrochemical and chemical projects; later representation of private equity fund in connection with potential purchase of facilities.
  • Representation of Mandarin Oriental in hotel development and financing activities in the Americas.
  • Representation of DFO/MSD Capital (Michael Dell’s family office) in connection with negotiation of construction agreements relating to various projects, including $175M renovation of Four Seasons Hualalai in Hawaii, 35-story office/retail project in Austin TX (JV with Trammell Crow), luxury housing developments in Cabo San Lucas.
  • Representation of Blackstone (California counsel) in connection with Extended Stay Americas and Merlin Entertainment acquisitions/dispositions and related financings.
  • Representation of winning bidder (Manila Water – Ayala/Bechtel consortium) in first Asian water privatization project (Metro Manila), and subsequent work on upstream and downstream construction and O&M work in connection with modernization of water and wastewater systems.
  • Representation of mining company in connection with development of infrastructure facilities (including power) in DRC.
  • Representation of major internet company in connection with potential large-scale cable development and installation project in Africa.
  • Representation of Masdar in connection with involvement in comprehensive multi-party early- and later-stage development of $25 billion Masdar City (“green new city” planned by Sir Norman Foster).
  • Representation of Bechtel in connection with matters related to Jubail Industrial City planned city in Kingdom of Saudi Arabia.
  • Representation of UAE/Abu Dhabi in connection with Formula One Grand Prix race (Abu Dhabi).
  • Representation of UAE/Abu Dhabi in connection with development of Ferrari World theme park.
  • Representation of Alterra Partners (Bechtel/Singapore Changi Airport Enterprise JV) in San Jose (Costa Rica) airport privatization and modernization.
  • Representation of client in negotiations relating to proposed light rail project in Delhi, India.
  • Representation of a Brazilian mining and infrastructure company in the development and construction of mining, pipeline, and port facilities.
  • Representation of lender in connection with toll road financing in India (Panvel Bypass).
  • Representation of private equity group in purchase of interests in Indian toll road projects.
  • Representation of Bechtel/Mahindra & Mahindra in first Indian water privatization project.
  • Representation of Ford Motor in connection with development and construction of automobile factory in Europe.
  • Representation of U.S. chemical company in connection with development and construction of factory in Asia.
  • Representation of developer in connection with intermodal port project in India.
  • Representation of Larsen & Toubro in formation of, and investments by, infrastructure development fund.
  • Representation of infrastructure fund investor in Indian cell tower installation and maintenance company. 
  • Representation of handset developer for Globalstar dual mode (CDMA/GSM) satellite phone project, including licensing negotiations with Qualcomm.

Mining

In the mining sector, Mr. Nelson has represented sponsors, lenders, investors (including private equity investors), and contractors in mining and processing projects in Africa (Guinea and DRC), Asia (Indonesia), Central Asia (Kazakhstan and Tajikistan), Latin America (Argentina, Brazil, and Chile), and North America (Canada and United States), including cobalt, copper, gold, gold tailings, iron ore, lithium, nickel, rare earths, and silver projects – including some of the largest such projects in the world. His work includes project development, construction, and financing; product sales agreements; refining matters; and ongoing operational issues. He has also counseled companies such an BHP Billiton (its Global Legal Construction group) on cutting-edge dispute resolution techniques and optimal ways of dealing with arbitration and other disputes that they face, and has also written about methods of containing the major cost overruns that many large-scale mining projects experience.

Lender-Side Experience

Mr. Nelson’s lender-side experience in energy and infrastructure/mining includes representation of IFC, other multilateral finance institutions, national financing institutions (such as China Development Bank JBIC, and OPIC/DFC), and commercial banks. He also has substantial experience in working with regional development banks, development finance institutions, and ECAs, including the African Development Bank, Asian Development Bank, CESCE, COFACE, ECGD, Hermes, K-EXIM, NEXI, ONDD, SACE, and US-EXIM.

Arbitration and Dispute Resolution

On the dispute resolution front, Mr. Nelson has served as an advocate (typically as first-chair or second-chair) or arbitrator in over fifty arbitrations including ICC, ICDR, ICSID, LCIA and UNCITRAL cases ($5M-$11.3B in dispute), which have included construction disputes (over thirty), shareholder and joint venture agreement disputes, bilateral investment treaty and political risk insurance claims, intellectual property disputes and other contractual claims. In connection with Mr. Nelson’s work as chief counsel for Bechtel and GE on the eight international arbitrations (over $6 billion at stake) with respect to the Dabhol energy project in India, Judge Stephen Schwebel, former President of the International Court of Justice and also an advisor to Bechtel and GE, termed Mr. Nelson “the great fund of insight and acuity – and legal imagination – on the facts and law of the case.” Mr. Nelson’s recent dispute resolution work includes serving as first chair or co-first chair in the following matters:

  • Tesla in a successful ICC arbitration involving solar power/battery storage projects in Mexico.
  • a Japanese/U.S. joint venture in connection with the successful resolution of a $350 million construction dispute in Texas.
  • A U.S. solar developer in a dispute with a foreign PV module supplier regarding contract and warranty breaches.
  • an energy company claimant in a bilateral investment treaty arbitration proceeding with the Government of India that resulted in dismissal of tax claims against claimant amounting to approximately $10 billion and grant of a $1.3 billion award to the claimant.

He has also served as chief global construction counsel for Dow Chemical, in which capacity he has developed their primary construction forms and led the trainings for their global construction team, including extensive work on how best to avoid construction disputes (particularly in megaprojects) and how to deal with them when they do occur. He has also done similar work with Bechtel.