Claudia Annacker is a partner based in the Paris office.
Ms. Annacker’s practice focuses on international litigation and arbitration and public international law matters, including investor-state disputes, disputes involving international organizations, state succession issues and state immunity, as well as disputes before the European Court of Human Rights.
Ms. Annacker is a visiting professor at the Paris West University Nanterre, where she teaches a course in investment treaty arbitration and an adjunct professor at the University of Vienna, where she teaches advanced research seminars in international responsibility and international dispute settlement.
Her experience in international arbitration includes representation of:
- The Russian Federation in three UNCITRAL arbitrations initiated by the former majority shareholders of Yukos Oil Company under the Energy Charter Treaty. The claims total more than US$ 100 billion and are thought to be the largest arbitrations in amount in dispute.
- The Arab Republic of Egypt in an ICSID arbitration commenced by H&H Enterprises Investments, Inc. concerning alleged violations of the US-Egypt bilateral investment treaty with respect to an investment in a tourist resort.
- OAO Gazprom in an UNCITRAL arbitration against the Republic of Lithuania under the Russia-Lithuania bilateral investment treaty. The arbitration concerns the forced divestiture of AB Lietuvos Dujos’ natural gas transmission operations and assets. AB Lietuvos Dujos, in which OAO Gazprom is a shareholder, is the largest integrate natural gas distribution company in Lithuania.
- DP World in an ICSID arbitration against the Republic of Peru under a concession agreement for the development and operation of the South Pier of the Port of Callao and the UK-Peru bilateral investment treaty. The claims concern DP World’s exclusion from the tender for the concession for the operation of the North Pier and the impact of the terms of the North Pier concession on DP World’s operation of the South Pier terminal.
- The Argentine Republic, together with the Procuración del Tesoro de Argentina, in an ICSID arbitration brought by more than 180,000 holders of interests under multiple Argentine bonds under the Italy-Argentine bilateral investment treaty. The claims seek billions of dollars in damages.
- OJSC Tatneft in an UNCITRAL arbitration under the Russia-Ukraine bilateral investment treaty arising out of a raider takeover of Ukraine’s largest refinery, in which OJSC Tatneft was a shareholder. The arbitral tribunal rejected all of Ukraine’s jurisdictional and admissibility defenses in a Partial Award of September 28, 2010.
- The Russian Federation in an arbitration under the Stockholm Chamber of Commerce Rules initiated by RosInvestCo, a former minority shareholder in Yukos Oil Company, under the UK-Soviet bilateral investment treaty.
- EDF International in an ICC arbitration commenced by a company wholly owned by the State of Baden-Württemberg. The dispute arises out of the State of Baden Württemberg’s acquisition of EDF’s shareholding in Energie Baden-Württemberg AG (“EnBW”). Claimant alleges that the purchase price it paid for EDF’s stake in EnBW was excessive and involved State aid in violation of EU competition law.
- The Republic of Iraq in the successful dismissal of an arbitration brought by a German State-owned company under the Austrian Chamber of Commerce Rules concerning claims under financial arrangements in violation of the financial sanctions imposed by the UN Security Council on the Saddam Hussein regime.
- The Government of Japan in proceedings commenced by Australia and New Zealand, first before the Tribunal for the Law of the Sea and then before an arbitral tribunal formed under the UN Convention on the Law of the Sea, relating to international fishing right. The claims of Australia and New Zealand were dismissed on jurisdictional grounds.
- The Bank for International Settlements in proceedings before an arbitral tribunal established pursuant to the Agreement signed at The Hague on January 20, 1930 commenced by the Bank’s former private shareholders seeking additional compensation for the mandatory redemption of their shares.
Her experience in international litigation includes:
- The Republic of Slovenia in proceedings before the Grand Chamber of the European Court of Human Rights initiated by Croatian citizens relating to the distribution of the former Yugoslavia’s guarantee of foreign-currency deposits among the successor States. The Grand Chamber confirmed the Chamber’s decision to strike the cases. New proceedings were initiated before the European Court of Human Rights by Bosnian individuals against all five successor States and are currently pending before the Grand Chamber.
- The Argentine Republic in numerous litigations brought, inter alia, in Austria, Germany, Switzerland and Italy, by bondholders affected by the Argentine Republic’s default on approximately US$ 80 billion in external indebtedness. The proceedings involve complex questions of State immunity.
- LHB Internationale Handelsbank in proceedings before German courts brought by the Republic of Croatia concerning the distribution of bank deposits of the former National Bank of Yugoslavia among the successor States to Yugoslavia.
- Ljubljanska banka d.d. and Nova Ljubljanska banka d.d. before Austrian, Italian and German courts in disputes concerning liabilities arising out of the dissolution of Yugoslavia.
Ms. Annacker is distinguished by
Chambers Global (Global) for her public international law expertise and by
Chambers Global (Global, Europe and France) and
Chambers Europe (Europe and France) for her international arbitration expertise.
Ms. Annacker joined the firm in 1998, became counsel in 2005, and became a partner in 2009. From 1998 to 2001, she was resident in the Brussels office, and from 2001 to 2004 in the New York office. Ms. Annacker received a Ph.D. degree,
summa cum laude, from the University of Vienna in 1992. She received a
venia legendi et docendi for public international law from the University of Vienna in 1997.
Ms. Annacker is a member the Bar in Paris, and a member of the International Law Association, American Society of International Law, European Society of International Law and German Society of International Law.