Thomas N. Pieper
Civil and common law trained, Thomas Pieper helps mostly European and Latin American parties navigate the murky waters of U.S. proceedings: complex international disputes (arbitration, litigation, mediation), contract drafting (clauses, settlements), and regulatory matters (FCPA-related investigations, due diligence).
Thomas has also represented foreign and domestic corporates and sovereigns before German, Mexican, and U.S. courts. His dual qualification allows Thomas to understand the cultural and legal differences between the various legal systems and, combined with his language skills (German, Spanish, French), to communicate with clients in their native tongue. He has spent significant time during his professional and academic careers in Latin America and Spain. Acknowledging that many a dispute starts with a badly worded contract, he assists clients in drafting proper dispute resolution clauses.
Thomas has arbitrated ad hoc and under the rules of all major organizations, including the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and the Permanent Court of Arbitration (PCA). A variety of laws and regulations applied, from the UNCITRAL rules to Bilateral Investment Treaties (BITs). His work includes enforcement, vacatur, and § 1782 proceedings.
Thomas has specific experience regarding the energy and construction sectors, including oil & gas and project disputes relating to engineering, procurement, and construction (EPC), build, own, operate, transfer (BOOT), and interconnection and transmission line contracts, as well as rate, price, and tariff disputes.
Thomas is a frequent lecturer and published author. He is also the former Chair of the International Section of the New York State Bar Association (NYSBA). Chambers (Latin America) said he "continues to impress sources" and cited his "particular knowledge of the Spanish and Mexican legal systems." He's also listed in Legal 500, and Expert Guides ranks him as a "Rising Star."
"[P]articular knowledge of the Spanish and Mexican legal systems."
"[C]ontinues to impress sources."
Areas of Focus
Represent European utility v. state-owned company from Central America; award confirmed.
Represent German and Peruvian entities regarding nationalization by Bolivia.
Represent Jamaican oil & gas company in disputes over fuel supplies to power barges.
Represent a Brazilian metals trading company against a buyer and its former JV partner (ICDR, New York, Brazilian/New York law).
Represent separate Saudi Arabian entities in two arbitrations with a Latin American OCTG supplier.
Represent investment fund in debentures restructuring dispute (ICC, São Paulo, Bermuda law); related litigation in Brazil, Bermuda, Uruguay, U.S.
Represent natural gas company in billion dollar dispute regarding deliver-or-pay, force majeure issues (ICDR, New York, law of two LatAm countries).
Represent Dubai-based entity in dispute involving development of a port (originally filed as ICSID claim), Dubai.
Represent a foreign sovereign and an instrumentality in U.S. enforcement proceedings relating to an international arbitral award.
Represent Peruvian operator of power transmission line in tax refund dispute with government of Peru.
Advised U.S. real estate investment trust on regulatory/compliance matters regarding real estate portfolio valued at US$800m.
Represent a European gas company in an arbitration involving gas pricing disputes and force majeure issues.
Representing a U.S. insurance company against a Mexican sponsor/concessionaire of a toll road securitization.
Advise U.S. subsidiary of Swiss-based instrumentation and process automation company on compliance issues.
Represent Argentine fund vs. Spanish bank re Internet-related venture award upheld despite "manifest disregard" claim.
Represent Malaysian company against U.S.-based oil & gas company in a dispute involving a joint venture in Qatar.
Represent South American pharmaceutical against U.S. company in dispute about product licensing and distribution in Latin America.
Represent top tennis player before Court of Arbitration for Sport in appeal against sanctions for alleged doping violations.
Advise German winding-up agency on regulatory matters.
Represent Mexican manufacturer against U.S. conglomerate in dispute over joint venture related anti-suit injunction.
Represent natural gas company inB dollar dispute regarding deliver-or-pay, force majeure issues (ICDR, New York, law of two LatAm countries).
The Legal 500
Chambers, Latin American edition
Latest thinking and events
The Impact of U.S. LitigationInternational Commercial Arbitration in New York, Second Edition, Edited by James H. Carter and John Fellas
Hague Convention on Choice of Court Agreements Adds Option For Drafting of Dispute Resolution ClausesInside Counsel
Sponsorships and Speaking Engagements
5th Business Law Forum: Global Integrity Challenges for Enterprise Management — Anti-Corruption and Anti-Money Laundering
09 September 2013
New York, United States