International Economic Disputes
Investment Law│Economic Sanctions│Commercial Arbitration
About
Kevin Clement is an independent counsel specialized in international economic disputes involving corporations, States, State-owned enterprises, and foreign investors, as well as geoeconomic regulatory matters, particularly the imposition of economic sanctions and foreign investment controls. He was previously an associate in the International Arbitration Group of Freshfields Bruckhaus Deringer in Paris and trained with the international arbitration practices of Python Peter in Geneva and Schellenberg Wittmer in Zurich.
Kevin earned his JD at Georgetown University in Washington, DC. He further holds an LLM in International Dispute Settlement (MIDS) from the Graduate Institute in Geneva and a BA in Economics from George Mason University in Virginia. He is currently completing his doctorate with the international law faculty of the University of Vienna, where his research focuses on the regulation of State capitalism in international economic law.
Kevin is admitted to the Bar in New York. He speaks English, French, German, and Russian.
experience
Kevin has over ten years of experience advising States, State-owned enterprises, individuals, corporations, and NGOs in a wide array of international economic law matters. He has significant experience in investor-State dispute settlement and commercial arbitration proceedings under major rules, including ICSID, ICC, SCC, and UNCITRAL. These disputes span a variety of industries and regions, with a particular focus on energy, finance, and construction disputes in the CIS, Eastern Europe, and Eastern Mediterranean regions.
Much of Kevin’s experience involves politically sensitive regulatory matters affecting foreign investors and geoeconomic policy issues like the imposition of economic sanctions. In addition to his work as counsel, he has assisted and served as Secretary to high-profile arbitral tribunals resolving complex disputes, predominantly involving parties from Russia and Eastern Europe in the construction and energy industries.
Scroll down to view some of Kevin’s representative advisory experience.
Representative experience includes advising:
—Eastern European State in two investment treaty claims (UNCITRAL) concerning regulatory actions taken in the banking sector
—European biotech company on compliance with US sanctions imposed against Russia
—Italian engineering & construction company in ICC proceedings arising out of the construction of a fertilizer plant complex in the United States
—American and Polish investors in two investment treaty arbitrations (ICSID and UNCITRAL) against Egypt following the destruction of the “Peace Pipeline” and cessation of gas supply from Egypt to Israel during the Arab Spring
—European cyber security firm in investment treaty and commercial arbitration matters relating to its operations in Ukraine
—Foreign investor in investment treaty proceedings (ICSID) against an African State concerning the construction of a port in the Red Sea
—French energy company in ICSID annulment proceedings relating to award against Argentina in the gas and electricity transport sector
—European energy and engineering firms in ICC proceedings relating to an oil exploration joint venture in Kazakhstan
—Foreign investor against an Eastern European State in investment treaty claim (UNCITRAL) arising out of a mining project
—Public interest groups lobbying the US government in negotiation of trade and investment provisions of the Trans-Pacific Partnership Agreement
—State-owned enterprise on regulatory matters relating to the acquisition of European agricultural technology company
—Egyptian midstream gas merchant in CRCICA arbitration against Egyptian State-owned oil and gas enterprises relating to the repudiation of gas supply agreement in the wake of the Arab Spring
—Egyptian midstream gas merchant in ICC tripartite arbitration with Egyptian State-owned oil and gas enterprises and Israeli State-owned electricity enterprise in contract dispute concerning the cessation of gas supply from Egypt to Israel in the wake of the Arab Spring
—Russian shareholders in ICC proceedings concerning a joint venture for the construction of a solar power plant in Japan
—European oil and gas company in series of ICC gas price review arbitrations relating to gas supply from Russia
—European cement group in post-merger price review proceedings
—European reinsurers on compliance with US Foreign Corrupt Practices Act in connection with payments to secure release of hostages
—European State in asset tracing and multi-jurisdictional enforcement of judgements and arbitral awards
—European engineering firm in ICC proceedings relating to provision of turbomachinery systems to plant in Russia
