Eva Chan represents a wide variety of clients in litigation and international arbitration matters, including advising in complex commercial and investment disputes arising out of international business transactions and other cross-border affairs.
Ms. Chan has appeared before the American Arbitration Association (AAA)/International Center for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and tribunals constituted under the Arbitration Rules for the United Nations Commission of International Trade Law (UNCITRAL).
She serves as secretary to the Working Group on Cybersecurity in International Arbitration, formed by the International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention and Resolution, which received the Best Development 2018 award by Global Arbitration Review.
Ms. Chan is active in pro bono matters, and has obtained asylum for clients on grounds of religious and political persecution, and also has represented clients in cases brought under the Hague Convention on International Child Abduction.
Ms. Chan’s litigation and arbitration experience includes representing:
- a Brazilian aircraft manufacturer in a dispute against a U.S. aircraft manufacturer involving the termination of both a multibillion dollar merger agreement and large joint venture agreement;
- Encana/Ovintiv, a Canadian energy company, in a dispute with Occidental Petroleum concerning the sharing of an International Centre for Settlement of Investment Disputes (ICSID) award arising from Ecuador’s 2006 expropriation of Block 15 (an oil project in the Ecuadorian Amazon);
- Dutch affiliates of Nextera in proceedings in the U.S. District Court for the District of Columbia to enforce a 2019 ICSID arbitration award of over €290 million against Spain, arising from violations of the Energy Charter Treaty;
- Atlantic LNG Co. of Trinidad and Tobago in successfully defending a $250 million claim by an affiliate of Gas Natural Fenosa in an UNCITRAL arbitration based in New York, involving a dispute concerning a long-term LNG supply contract with favorable merits and fees awards;
- an LCIA arbitration on behalf of Japanese telecommunications company NTT Docomo, resulting in a $1.2 billion award against Tata Sons Limited of India, involving subsequent enforcement proceedings in India, England and New York, allowing Docomo to collect the award in full;
- Starr International Company, Inc. in a takings case against the U.S. government in the U.S. Court of Federal Claims seeking recovery of in excess of $40 billion; and
- the estate of an Asian multibillionaire in respect of claims in excess of US$20 billion brought to trace trust assets, in multiple proceedings in the U.S., Asia and Bermuda.
Panelist, Fourteenth Annual Investment Treaty
Arbitration: A Debate & Discussion — “Evidence
of Systemic Reform; True or False?” (June 2020)
Moderator, North American Launch of the
2020 Cybersecurity Protocol for International Arbitration, New York International
Arbitration Center (November 2019)
Moderator, Written Advocacy in International Arbitration, Harvard Law School
Panelist, Issues of Cybersecurity in International Arbitration, Penn Law International
Arbitration Conference (April 2018)