Karel Daele is partner in the international arbitration group. He advises and represents clients in arbitrations under the International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), the UN Commission on International Trade Law (UNCITRAL), the Belgian Centre for Mediation and Arbitration (CEPINA) rules and in ad hoc arbitrations. Karel also acts as an arbitrator.

His experience encompasses a range of dispute types in various sectors such as the oil and gas industry, water utilities, power generation and distribution, construction and infrastructure, telecoms and general commercial disputes. Having lived and worked in East Africa for several years, he has also specialist knowledge of Africa related matters, both legally and culturally.

Karel is a member of the Chartered Institute of Arbitrators, LCIA, YIAG, the World Banks’ Expert Consultative Group of the Investment Across Borders project and various other arbitration organisations. His arbitration and Africa work is acknowledged in international legal directories such as the International Who's Who in Commercial Arbitration and Chambers & Partners.

Karel has authored the reference work Challenge and Disqualification of Arbitrators in International Arbitration and contributed to several books including Arbitration in Africa – A Practitioner's Handbook. He has also published numerous articles in national and international legal journals on unfair competition, contract law, distribution, dispute resolution and piracy and counterfeiting.

Experience

Foreign Investment Arbitration:

• Acting for the investor in RSM Production Corporation v. Cameroon, a pending ICSID conciliation proceeding (ICSID No. CON/11/1) in relation to disputes arising out of a hydrocarbons exploration and exploitation contract.
• Acting for the respondent in Standard Chartered Bank Hong Kong v. Tanzania Electric Supply Company Limited, a pending ICSID arbitration (ARB/10/20) under a PPA, involving a tariff dispute.
• Represented the respondent in Standard Chartered Bank v. Republic of Tanzania, an ICSID arbitration (ARB/10/12) under the UK-Tanzania BIT. The Award of Tribunal of 2 November 2012, dismissing the case for lack of jurisdiction, is publicly available on the ICSID website.
• Represented the claimant in Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited, an ICSID arbitration (ARB/98/8) under a PPA, involving a failed power project.
• Represented an African state in an ICSID arbitration which was never registered by the Secretary-General following the state's preliminary jurisdictional objections.
• Advised an African state in the initial stages of an ICSID arbitration under a petroleum concession, involving the termination of oil exploration rights.
• Represented the respondent in Biwater Gauff (Tanzania) Limited v. Republic of Tanzania, an ICSID arbitration (ARB/05/22) under the UK-Tanzania BIT, involving a failed water and sanitation project. The Award of the Tribunal of 24 July 2008, dismissing the claim for compensation, is publicly available.

Commercial Arbitration:

• Sitting as an arbitrator in a USD 200 million UNCITRAL arbitration between an African conglomerate and an African state in relation to a failed power infrastructure project.
• Acting for an Israeli investor in a dispute with the Government of Zambia over the unilateral termination of a 20 year concession to design, build, operate and transfer border control infrastructure.
• Acted for the claimant in an ad hoc arbitration under the Tanzanian Arbitration Act in relation to the termination of a partnership agreement.
• Acted for a Spanish respondent in an ICC arbitration initiated by a Kenyan dairy producer, in a case involving the sale of contaminated milk products to the UN peace keeping troops in East-Africa.
• Represented an African water authority in an UNCITRAL arbitration initiated by a multinational water company, in a case involving the termination of a water and sanitation operation and lease agreement.
• Acted for an African state in an ad hoc arbitration under the Rules of the European Development Fund arising out of a road construction contract.
• Represented a contractor in an ad hoc arbitration under the Rules of the Tanzanian Construction Council against the employer.
• Represented an Asian car manufacturer in an ICC arbitration against an exclusive distributor.
• Successfully represented a Dutch bank in a CEPINA arbitration arising out of the sale of its retail outlets.

Languages

• English, French, Dutch, (basic) German

Career History

• Mishcon de Reya (London), Partner
• Mkono & Co Advocates (Tanzania), Partner
• Wilmer Hale (Brussels), Counsel
• Freshfields Bruckhaus Deringer (Brussels), Senior Associate
• Stibbe (Brussels), Associate

Professional Memberships

• Registered European Lawyer (Solicitor Regulatory Authority (SRA), UK).
• Solicitor at the Bar of Brussels (Belgium).
• Chartered Institute of Arbitrators, Member.

Articles and Publications

• Challenge and Disqualification of Arbitrators in International Arbitration (2012), Alphen aan den Rijn, Kluwer Law International, 1-539.
• 'Africa's track record in ICSID proceedings', www.kluwerarbitrationblog.com, 30 May 2012.
• 'Investment treaty arbitration: similar challenges, different outcome‘, Global Arbitration Review, 21 March 2012.
• 'Author of forthcoming study on arbitrator disqualification explains why ICSID arbitrators are so difficult to unseat' (interview), Investment Arbitration Reporter, 8 June 2011.
• 'Arbitration in Tanzania', with N. Mkono & D. Krips, Practical Law Arbitration Handbook (2011), 163-168.
• 'Arbitration in Tanzania', Global Arbitration Review - Getting the Deal Through - Arbitration (2010), 330-334.
• 'Arbitration in Tanzania', with W. Kapinga & S. Seifert, Global Arbitration Review - Getting the Deal Through - Arbitration (2009), 297-301.

Speaking Engagements

• 'Destination Africa: New York Convention Roadshow and Investment Arbitration', American Bar Association, 26 April 2013, New York (USA).
• 'The African Dream', BDO and DMJ Legal Seminar, 12 February 2013, London (UK).
• 'Conflicts of Interests and Challenge of Arbitrators', LCIA African Users' Council Symposium on International Commercial Arbitration, 1-2 February 2013, Lagos (Nigeria).
• ‘Investment Disputes Involving African States‘, Kluwer 2nd International Arbitration and Mediation Conference, 7-8 June 2012, Hong Kong.
• Africa and International Law: Taking Stock and Moving Forward Conference, Albany Law School and the African Interest Group of the American Society of International Law, 12-14 April 2012, Albany (USA).
• Contemporary Topics in Investment Arbitration Conference, Association of International Arbitration, 22 October 2010, Brussels (Belgium).