Nils Eliasson

Energy

• Advised Asian energy company on its contractual and investment treaty rights in relation to a dispute with a South East Asian state-owned company. The dispute arises from a Production Sharing Contract. The contract provides for ad hoc arbitration in Singapore under the UNCITRAL Arbitration Rules.
• Advised Asian LNG buyer in relation to gas price review mechanism and risks in the Asia-Pacific LNG market.
• Represented the subsidiary of an Asian State-owned company in the energy sector in two parallel ICC arbitrations in Singapore initiated by its Asian co-shareholder and its parent company. The dispute arose from two agreements related to the development of an oil storage facility and related port facilities in Asia. English law and the law of the Claimants’ State applied.
• Represented Chinese State-owned Enterprise in an SCC arbitration governed by Swedish law arising under a long-term gas supply agreement. Over $2 billion was at stake.
• Represented a U.S. oil and gas company in an arbitration under the UNCITRAL Rules against a sovereign State regarding a production-sharing agreement for the extraction of hydrocarbons. Over $100 million was at stake.
• Represented Chinese oil company in arbitration proceedings in London against a Russian oil company under the LCIA Rules. The dispute concerned pricing issues for oil transportation over the Eastern Siberia Pacific Ocean Oil Pipeline. Over $150 million was at stake.

Construction and Engineering

• Representing heavy equipment supplier and contractor in relation to an arbitration and a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over $2 billion. The law of the country of the projects applies.
• Representing Asian State-owned entity and its joint venture partners in a dispute with a Middle Eastern State-owned entity. The dispute arises from an EPC contract for the construction of a large petrochemical project.
• Represented Asian contractor and its subsidiary, Claimants in parallel HKIAC arbitration proceedings in Hong Kong against an owner company. The dispute arose from an EPC contract and related contracts for the construction of a power plant in the Philippines. Philippines law applied.
• Represented Asian State-owned entity and its subsidiaries in a UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arose from an agreement for the construction of a plant on a turnkey (EPC) basis. The amount at stake exceeded $200 million.
• Represented French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over €6.1 billion was at stake.
• Advising multiple Asian companies in a dispute against an American consortium concerning the construction of a nuclear power plant. Over $3 billion is at stake.
• Represented Chinese State-owned enterprises in a dispute against a European chemical company in an SCC arbitration governed by Swedish law arising out of a series of engineering services contracts for the design and construction of a petrochemical plant. $1.8 billion was at stake.

Business Combination Disputes

• Represented an international professional services company in a dispute with a European consulting company. The dispute concerns the earn out provision of a share purchase agreement. The contract is governed by Danish law and provides for arbitration under the Rules of the Danish Institute of Arbitration.
• Advised a high-profile recording artist and media entrepreneur and their Delaware incorporated company in parallel joint venture disputes with Cayman Islands’ corporate entities. The disputes arose from joint venture agreements concerning media and technology businesses in Mainland China and North America. The agreements were governed by Hong Kong law and provided for HKIAC arbitration in Hong Kong.
• Represented Hong Kong, Cayman Islands and British Virgin Islands corporate entities and directors as Claimants in ICC arbitration and Emergency Arbitrator proceedings in Hong Kong and as Respondents in parallel High Court of Hong Kong proceedings. The dispute arises from a private equity co-investment agreement. Hong Kong law applies.
• Represented a private equity fund and its founder in ICC and HKIAC arbitrations initiated by the fund’s general partner and an alleged investor in the fund, as well as in related domestic court proceedings in multiple jurisdictions. The arbitrations each concerned ownership of various entities in the fund structure. Hong Kong and Cayman Islands law applied.
• Represented a Chinese company in HKIAC arbitration proceedings against a U.S. company concerning a joint venture and technology transfer. Over $150 million was at stake.
• Represented a Sri Lankan company in arbitration proceedings in Singapore under the SIAC Rules against a European supplier and developer of business systems. The dispute concerned the control and management of a Sri Lankan joint venture company and $120 million was at stake.

General Commercial Disputes

• Representing North American technology company, Respondent in an ICC arbitration in Hong Kong brought by an Asian electronics manufacturer. The dispute arises from a manufacturing agreement and related guarantee. Hong Kong law applies.
• Represented Chinese State-owned telecommunication provider, Respondent in SIAC arbitration in Hong Kong. The dispute arose from a long-term services agreement. Singapore law applied.
• Advised an African telecom infrastructure company in a dispute with an African telecom provider. The dispute arose from an infrastructure license agreement. The contract was governed by New York law and provided for ICC arbitration in Paris.
• Represented European company in ICC arbitration proceedings in Singapore against a Chinese company concerning the breach of license agreements for minerals and metal processing technology. Over €100 million was at stake.
• Represented Chinese telecommunication solution provider in five parallel SCC and UNCITRAL arbitration proceedings in Hong Kong and Stockholm against a Ukrainian mobile phone operator. Over $50 million was at stake.

Investment Treaty Arbitrations

• Representing the People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
• Represented a shareholder of Yukos in an investment treaty arbitration against the Russian Federation based on a bilateral investment treaty. Over $75 million was at stake.
• Represented a European energy company in an investment treaty arbitration against a European State under the Energy Charter Treaty and the ICSID Convention. Over €1.4 billion was at stake.

Nils Eliasson, a partner in the firm’s International Arbitration group, advises clients on commercial and investment treaty disputes in Asia and around the world across a wide range of industry sectors, including energy, construction, private equity and telecommunications. In addition to acting as counsel, he is frequently appointed as arbitrator in international proceedings. Nils’ experience as a leading arbitration practitioner is widely recognized by independent legal directories, including Who’s Who Legal, Chambers & Partners, Legal 500, and Best Lawyers.   

Nils acts as counsel in commercial and investment treaty disputes conducted under the auspices of the Hong Kong International Arbitration Center (HKIAC), International Chamber of Commerce (ICC), Singapore International Arbitration Center (SIAC), London Court of International Arbitration (LCIA), the International Centre for Settlement of Investment Disputes (ICSID), China International Economic and Trade Arbitration Commission (CIETAC), Vienna International Arbitration Center (VIAC), German International Arbitration Institute (DIS) and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), as well as in ad hoc proceedings under the UNCITRAL Arbitration Rules.

Nils’ experience includes disputes related to joint ventures, mergers and acquisitions, energy, oil and gas, infrastructure, construction, engineering, license disputes, telecommunications, and real estate. He has also handled investment treaty arbitrations under various bilateral investment treaties and the Energy Charter Treaty. He serves as Vice-Chair of HKIAC and is a member of the HKIAC Council.

Nils has been presiding arbitrator, sole arbitrator, co-arbitrator and emergency arbitrator in international arbitration proceedings under the rules of the ICC, HKIAC, SCC, KCAB, CIETAC, and UNCITRAL in disputes arising from sales agreements, supply agreements, joint ventures, asset transfer agreements, share subscription and share purchase agreements, shareholder agreements and ship building contracts.

Nils was named “Lawyer of the Year” for Arbitration and Mediation (International Firms) in Beijing by Best Lawyers in China (2020). He is also featured as a Global Leader in Who’s Who Legal: Arbitration, which describes him as a “‘very smart’ arbitration specialist who is highly recommended for his impressive experience handling disputes under various arbitral rules from HKIAC to ICC and LCIA” (2020). Previous editions note that “Nils Eliasson comes ‘highly recommended’ thanks to his ‘practical approach and strong legal mindset’.” Chambers Asia-Pacific 2021, where he is ranked in Band 1, noted that “Nils Eliasson is held in high esteem for his veteran experience on investment treaty arbitrations, construction and project development disputes and commercial disputes for both domestic and international corporates.” A client reports: “He's a brilliant lawyer who is extremely smart and talented, but very humble with clients and very present while working with us.”

Recent Publications

• “Levelling the International Arbitration Playing Field: Outcome-Related Fee Structure Reform in Hong Kong and Singapore,” Asian Dispute Review, April 2021 (with E. Taylor)
• “The Strong Foundations on which Hong Kong’s Status as a Leading Seat of International Arbitration Rests Remain Intact,” Hong Kong Lawyer, April 2021
• “Investment Treaty Remedies,” Managing ‘Belt and Road’ Business Disputes (M. Moser and C. Bao eds., Kluwer, 2021)
• “Chinese Outbound Investments in the Belt and Road: What Protection Do China’s Investment Treaties Have to Offer?,” International Arbitration: When East Meets West: Liber Amicorum Michael Moser (N. Kaplan, M. Pryles, C. Bao eds., Kluwer, 2020)
• “Some Reflections on Hong Kong from an Investment Treaty Perspective,” Forward!, - B?e???! – Framåt! – Essays in Honour of Prof Dr Kaj Hobér (Lustus, 2019) 
• “Review of Investment Treaty Awards by Municipal Courts,” Arbitration under International Investment Agreements 2 (Oxford, 2nd ed., 2018)  “China’s Investment Treaty Programme: Past, present and future,” China Business Law Journal, Apr. 2017, at 23 (with E. Jacomy)
• “Hong Kong,”  Asia Arbitration Guide (Respondek & Fan, 3rd ed., 2017)
• “Investment Arbitration and Hong Kong,” Arbitration in Hong Kong: A Practical Guide (Chief Justice Ma & D. Brock eds., 2nd, 3rd and 4th ed., Sweet & Maxwell, 2011, 2014 and 2017)

Speaking Engagements

• “Will Asia Change International Arbitration?,” Maxwell Conversations, October 2021
• “Let's talk arbitration in the Philippines,” HKIAC Virtual Brown Bag Series, April 2021
• “Making Virtual Hearing Work,” Roundtable discussion (Chair), Hong Kong, March 2021
• “Sovereign States and Foreign Investors: How to Mitigate (the new) Risks of Disputes?,“ ICC Belgium /CEPANI webinar, December 2020
• “Year One of the New Normal: What has changed, what must change, and are these changes here to stay?,” 9th Asia-Pacific ADR Virtual Conference - The New Arbitration Landscape: 2020 and Beyond, November 2020 
• “HKIAC’s Virtual Hearing Capabilities and Hong Kong as seat of Arbitration,” HKIAC-JIDRC Collaborative Webinar, September 2020
• “Win-Win Collaboration of ADRs,” Shanghai International Arbitration Summit organized by SHIAC, Shanghai, November 2019 
• “Recognition and Enforcement of the Arbitration Agreement - Article II of the New York Convention,” 3rd UNCITRAL Asia Pacific Judicial Summit 2019, Hong Kong, November 2019 
• “How urgent is emergency relief? Predictability and substantive standards,” Launch of the ICC Commission Report on Emergency Arbitrator Proceedings, Seoul, September 2019
• “Investment Arbitration – Issues and Insights” panel discussion, at the BIICL (British Institute of International and Comparative Law) conference on International Dispute Resolution: Reflections and Redirections, Hong Kong, July 2019
• “Key features of the new 2018 HKIAC Administered Arbitration Rules,” co-led panel discussion with representatives of the HKIAC, HKIAC Road Show Event, New York, June 2019
• “Arbitrator conflicts and challenges,” at the HKIAC | LCIA Joint Seminar: Arbitrator appointments, conflicts and challenges, Hong Kong, January 2019
• Debate on the Future of ISDS: Arbitration vs Mediation, Hong Kong Forum - 60th Anniversary of New York Convention, Hong Kong, September 2018