Timothy Tyler

Counsel
Norton Rose Fulbright US LLP

Houston
United States
T:+1 713 651 3704
Houston
United States
T:+1 713 651 3704
Timothy Tyler

Timothy Tyler

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Biography

Timothy Tyler focuses his practice on international commercial arbitration, investor-state arbitration under treaties and state contracts as well as related US litigation. He represents clients in a variety of industries with an emphasis on the energy value chain, including renewables. He is experienced in drafting international dispute-resolution clauses and procedures and advising clients on how to structure investment holdings into emerging markets to maximize investment-treaty protection.

Tim has been counsel in arbitrations under all major rules, in the major seats, under numerous applicable laws. He has advised on, or been counsel in, investors-state cases under dozens of bilateral investment treaties or free-trade agreements. He also sits as arbitrator in commercial disputes. As an Adjunct Professor at The University of Texas School of Law, Tim has taught international commercial arbitration since 2005 and investor-state arbitration since 2010. 


Professional experience

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JD, cum laude, The University of Texas School of Law, 1994

BA, cum laude, Yale University, 1986

  • New York State Bar
  • Texas State Bar
  • On behalf of owner in multi-billion-dollar infrastructure project in Latin America, defeated construction consortium’s attempt to vacate arbitral awards, obtaining judgment confirming nine-figure international awards and prevailing against appeal.
  • Drafted amicus brief in United States Supreme Court for business organization in support of petitioner in appeal challenging the authority of an international arbitral tribunal to determine the arbitrability of a dispute arising under a bilateral investment treaty
  • Drafted amicus brief in Supreme Court of Texas regarding whether designating AAA Commercial Rules delegates arbitrability decision to arbitrator
  • Successfully represented foreign investor in ICSID annulment proceeding, defending against Argentina’s application to annul award
  • Represented an EPC contractor in an ICC arbitration, seated in Singapore, arising out of a construction project for a coal mining conveyer system in Indonesia; the arbitration primarily concerned changed site conditions in the project area caused by an affiliate of the owner, which prevented project completion; the case settled favorably
  • Obtained award on behalf of a subsidiary of an energy company operating natural gas and refined petroleum products pipelines in an ICDR New York-seated arbitration, under Brazilian law involving breach of contract, against a Brazilian state-owned energy company
  • Represented franchisor in ICDR arbitration seated in Ann Arbor under the law of the United Arab Emirates against franchisee; franchisor terminated the franchise for material breach and prevailed completely on the merits
  • Assisted with the representation of state and state-owned exploration and production entities in two arbitrations under English law, seated in Houston and Stockholm, arising out of two joint ventures between host-government entities and a foreign oil company for the exploitation of oil and gas properties
  • (International Centre for Dispute Resolution [ICDR]) — As respondent’s counsel, represented a major oil and gas company in a breach of contract arbitration arising from oil and gas interest in Papua New Guinea
  • Sole arbitrator in case administered by ICDR under AAA Commercial Rules for sale of goods between US subsidiary of Danish company as seller and US company as buyer, governed by Texas law, seated in Houston
  • Consolidation arbitrator under ICDR Rules governed by Texas law in two cases among various individual claimants and corporate entities and individual respondents arising out of commercial real-estate development

 

International Energy Disputes

  • Represented a European oil and gas company in a production rights dispute an UNCITRAL arbitration with a Central Asian state oil company under the law of that state, administrated by the Stockholm Chamber of Commerce
  • Assisted with the representation of a Central Asian-South American joint-venture company in an arbitration under English law arising out of nonpayment of a settlement agreement for failure to lift delivered crude oil from a Central Asian state-owned refining company
  • Represented consulting firm in an ad hoc arbitration in Stockholm against a Canadian oil company for fees arising out of services rendered in connection with the acquisition and operation of an oil field in Kazakhstan
  • Advised transactional attorneys on dispute-resolution and arbitration issues in firm’s representation of Reliance Industries Limited in Reliance’s acquisitions of interests in Marcellus Shale gas assets and joint ventures to develop those assets
  • (5th Cir.) — Drafted an appellate briefing in Fifth Circuit Court of Appeals for a Central Asian State and state-owned company on the issue of whether nonsignatory state can be bound to arbitrate, under various theories, including whether the state was the alterego of the state-owned company that signed a joint-venture contract to upgrade production of Central Asian oil and gas fields

 

Foreign investment protection and disputes

  • Advising client on potential claims regarding intellectual property under investment chapters of free trade agreements with East Asian nation
  • Represented a US company bringing claims against the Republic of Ecuador under an Ecuador-United States bilateral investment treaty; the claims resulted from state interference in the claimant’s operation of two power barges
  • Advised an international machinery industry company on, and drafted briefing in, investor-state arbitration under a United Kingdom-Egypt bilateral investment treaty in ICSID, in a matter related to a contract for mining equipment
  • Advised various energy and construction companies structuring holdings to maximize investment-treaty protection for investments into various states, including Cameroon, China, Colombia, Costa Rica, Egypt, Equatorial Guinea, Ghana, Honduras, Iraq, Mauritania, Mexico, Mozambique, Morocco, Oman, Saudi Arabia, Sierra Leone, Suriname, Uzbekistan and Venezuela; concentrated advice on the interface between bilateral investment treaties and tax considerations, as well as “post-event” planning
  • Advised a US company and drafted demand letters concerning possible treaty-based claims against a Central American state based on the state’s unexpected taxation of the company’s capital gain on the sale of its subsidiary

 

Commercial ventures/Contracts

  • Advised on an international commercial arbitration, based on a contract for mining equipment between a UK company and a North African company, before the Cairo Regional International Arbitration Centre
  • Represented US company in an international arbitration in Singapore, under Singaporean law, against a pulp-and-paper company for breach of contract for the sale of paper-making machines
  • Advised Swedish air brake manufacturer on, and drafted motions for, injunction and discovery in aid of arbitration in Southern District of New York; briefed appellate jurisdiction issue in Second Circuit
  • Gave strategic advice on and briefed two motions to vacate international arbitration awards in Southern District of New York
  • Assisted in briefing purchase price adjustment dispute before accountants, seated in US, arising from acquisition of an appliance manufacturer

 

International construction disputes

  • Representing a Central American public authority in an ICC arbitration (Miami seat) over a dispute arising from a contract for a bridge
  • Represented an EPC contractor in an ICC arbitration, seated in Singapore, arising out of a construction project for a coal mining conveyer system in Indonesia; the arbitration primarily concerned changed site conditions in the project area caused by an affiliate of the owner, which prevented project completion; the case settled favorably
  • Advised an EPC contractor on US law and ICC arbitration issues for dispute over a cogeneration facility in the Netherlands against claims of malpractice, cost overruns and delays
  • Advised a Central American public authority on arbitration and dispute-resolution issues

 

Renewable energy

  • Represent manufacturer of solar-energy components in London-seated ICC-Rules contract dispute with European-based solar-plant general contractor, concerning warranty obligations for solar plant in Australia; Case settled at pleading stage
  • Advised US Renewable energy company regarding potential disputes under EPC and guarantee arrangements
  • Advised renewable energy company contractor in dispute with subcontractor
  • Advised Asia-based client on EPC contracts for wind farms in southern African country
  • Advised Asia-based client in dispute over wind turbines in a midwestern state in the United States

 

Pro bono

  • Represented an asylum applicant, pro bono, in removal/asylum proceedings, including at full evidentiary hearing. The Government agreed to dismiss the case
  • Who’s Who Legal, Arbitration, Law Business Research Ltd., 2015 – 2017
  • Legal 500 US, Dispute Resolution – International Arbitration, The Legal 500, 2018 – 2019
  • Legal 500 Latin America, International Arbitration, The Legal 500, 2013 – 2014
  • The Best Lawyers in America: International Arbitration – Commercial and Governmental (Houston), The Best Lawyers in America (BL Rankings, LLC), 2011 – 2023
  • GAR 100: “Lawyer to Know,” Global Arbitration Review, 2010
  • Co-author, “ICDR (2021)—Introduction to the ICDR—commencing arbitration—responding to arbitration; The tribunal—appointment, challenges and powers; Multi-party arbitration, joinder and consolidation; Evidence; Procedure; Interim and emergency relief; and Costs and security for costs; ICDR (2014) (co-author); Enforcing a New York Convention Award in the USA (2014)” Lexis PSL Practice Notes
  • Co-author, “King’s X in Mexico’s Round One,” Oil & Gas Fin. J., June 9, 2015
  • Co-editor, “Arctic Region: Boundaries, Resources and the Promise of Co-operation,” OGEL Special Issue, 2012
  • Co-author, “Gaps in the Ice: Maritime Boundaries and Hydrocarbon Field Development in the Arctic,” OGEL, 2012
  • Co-author, “Developing Arctic Hydrocarbon Resources: Delineating and Delimiting Boundaries for Field Development in the Arctic,” The Regulation of Continental Shelf Development: Rethinking International Standards, Martinus Nijhoff, 2013
  • Co-author, “The Hague Convention on Choice of Court Agreements: Creating Room for Choice in International Cases,” 33 Houston J. Int’l L. 1, 2010
  • Co-author, “Beyond Consent: Applying Alter Ego and Doctrines to Bind Sovereign Parents,” Multiple Party Actions in International Arbitration: Consent, Procedure, and Enforcement, Oxford Univ. Press, 2009
  • Co-author, “Finality over Choice: Hall Street Associates, L.L.C. v. Mattel, Inc.,” 25 J. Int’l Arb. 613-22, 2008
  • Co-author, “Accounting for Uncertainty in Discounted Cash Flow Valuation of Upstream Oil and Gas Investments,” 25 J. Energy and Natural Res. L. 268-302, 2007
  • Co-author, “Arbitrating International Oil and Gas Disputes: Practical Considerations,” International Oil and Gas Ventures: A Business Perspective, AIPN, 2000
  • Presenter, “Arbitration: Planning and Drafting,” South Texas College of Law Symposium on International Arbitration, Finance, and Investment – Houston, October 20, 2023
  • Presenter, “Top 10 Developments in International Arbitration in 2023,” Annual Conference of the Atlanta Intternational Arbitration Society,Atlanta, October 3, 2023
  • Presenter, “2022 Year in Review: International Arbitration Blockbusters and Flops (with Energy Bonus),” ITA-ICC-IEL Joint Conference on International Arbitration, Houston, January 20, 2023
  • Panelist, “Investment Disputes,” AIPN/ICDR Conference – Dispute Resolution in the International Oil and Gas Business, Houston, October 25, 2019
  • Presenter, “Administrative Rescission under the Energy Reform,” US-Mexico Bar Association Conference, Houston, November 5, 2015
  • Presenter, “Arctic Oil and Gas Development: Cross Boundary Fields,” Regulation of Continental Shelf Dev’t, Halifax, June 22, 2012
  • Presenter, “International Legal Framework of Arctic Oil & Gas Development,” Center for Strategic & Int’l Studies, Washington, July 12, 2011
  • Presenter, “Treaty Planning and Insurance to Protect Assets in Emerging Markets: The Case of China,” ABA International Section Fall Meeting – Brussels, September 25, 2008
  • Presiding Officer, “Arbitration and National Courts: Conflict and Cooperation,” The Hague, May 14, 2007
  • Speaker, “Structuring Energy Projects for Investment Treaty Protection: Pitfalls and Guidelines,” Rocky Mountain Mineral Law Foundation and IBA, Buenos Aires, May 2007
  • Speaker, “Protecting Assets by Nationality Planning,” African Venture Capital Association Annual Meeting, Dakar, November 6, 2006
  • Adjunct Professor, The University of Texas School of Law, 2005 − present
  • Chair: State Bar of Texas International Law Section, 2012 – 2013; Counsel Member: 2006 – 2013
  • Fellow: Chartered Institute of Arbitrators (London), 2006 – present
  • Vice President: Houston International Arbitration Club, 2005 – present
  • Council Member: Chartered Institute of Arbitrators (North American Branch), 2005 – 2007; State Bar of Texas International Law Section 2006 – present
  • Member: American Bar Association, International Law Section 2006 – present