Thomas F. Lane

International Arbitration

Thomas has experience representing both States and private companies in international arbitrations cumulatively worth billions of dollars. Thomas ’ experience includes advising:

• An SCC arbitration in which the claimants claimed more than US$6 billion for alleged breaches of the ECT (Littop Enterprises Limited and others v. Ukraine); the tribunal unanimously dismissed the case, which was the largest ever brought against Ukraine, for lack of jurisdiction
• Strabag, a major Austrian construction company, in securing a €100 million arbitral award (including the majority of its legal costs) in an ICSID Additional Facility arbitration against Libya brought under the Libya – Austria BIT (Strabag SE v. Libya)
• A major Malaysian pharmaceuticals and healthcare company in a US$425 million dispute in relation to a joint venture to construct a pharmaceuticals manufacturing facility in the Middle East

Thomas also advises on potential causes of action related to international investments in energy production and infrastructure projects.

Complex Commercial Litigation

Thomas has worked on cases before the English High Court and Court of Appeal, including advising:

• A high net worth individual advancing a complex conspiracy case that additionally involved hotly contested jurisdictional arguments, proceedings in other jurisdictions, and parallel arbitration proceedings
• Certain East Asian airlines in proceedings arising out of a European Commission decision imposing €799 million on air cargo carriers in light of an alleged global price fixing cartel

Sanctions and Regulatory Work

Thomas regularly advises global clients on sanctions issues arising. This includes:

• TP Global in securing OFSI and Jersey licenses for the acquisition of the business and assets of a UK telecoms company, which subject to UK sanctions due to its ownership by sanctioned persons
• A major European energy company on the requirements under Russian law related to the payment for gas in light of EU sanctions rules and guidance
• A major European industrial group on the divestment of its assets in Russia, including compliance with international sanctions and Russian counter-sanctions
• An entertainment company on compliance with US and EU sanctions regarding its contracts with a major entertainment stadium in Europe
• A major international financial institution on the divestment of its assets in Russia, including compliance with international sanctions and Russian counter-sanctions
• An American multinational manufacturer and marketer of home appliances to navigate the interplay of the complex regulatory framework, including U.S. and EU sanctions and export controls, along with Russian countermeasures, imposed following Russia’s invasion of Ukraine 
• A major European international pharmaceutical group on compliance with complex sanctions relating to Russia and Belarus, cutting across multiple jurisdictions, as the laws evolved in real time
• A European packaging company on drafting and implementing a sanctions compliance policy, and on various issues arising from US and EU sanctions
• A major confectionary producer on the proposed repatriation of funds from Russia to the UK in compliance with UK laws and Russian counter-sanctions designed to prevent the flight of Western capital
• Investigating allegations of potential breaches of trade sanctions
• Analyzing disclosures relating to international sanctions, anti-bribery, and anti-corruption issues for major M&A deals
• Negotiating contractual provisions relating to trade sanctions, anti-bribery, and anti-corruption issues for a variety of stakeholders
• Non-profit institutions regarding issues relating to international trade sanctions and anti-terrorist financing

In response to the COVID-19 pandemic, advising a multinational conglomerate on the customs laws and regulatory requirements for importing PPE and medical devices into Europe.

Articles and Presentations

Thomas legal presentation experience includes:

• Co-chairing a legal training session for NGOs regarding anti-money laundering and anti-terrorism

In addition to the articles available on this website, Thomas has provided reports for the prestigious international law publication, ICSID Reports.