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Timothy J. Tyler
Timothy J. Tyler
Counsel — International Dispute Resolution & Arbitration
Counsel — International Dispute Resolution & Arbitration

Timothy J. Tyler

Timothy J. Tyler
Houston

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

Timothy J. Tyler

Experience Highlights

  • (U.S.) — 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

  • Successfully represented El Paso International Company defending against Argentina’s application to annul the ICSID award in El Paso’s favor; the annulment was dismissed affirming our client’s 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 U.S. subsidiary of Danish company as seller and U.S. 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

  • 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

  • Assisted with the representation of a 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

  • Advising client on potential claims regarding intellectual property under investment chapters of free trade agreements with East Asian nation

  • Represented a U.S. 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 Joy Mining Machinery Limited 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 U.S. 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

  • 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

  • Assisted in the representation of a U.S. 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

  • Representing a Central American public authority in an ICC arbitration (Miami seat)  over a dispute arising from a contract

  • Advised an EPC contractor on U.S. 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

  • 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 U.S. Renewable energy company regarding potential disputes under EPC and guarantee arrangements

  • Advised renewable energy company contractor in dispute with subcontractor

  • Advise Asia-based client on EPC contracts for wind farms in southern African country

  • Advise Asia-based client in dispute over wind turbines in a midwestern state in the United States

Credentials

  • The University of Texas School of Law, J.D., cum laude, 1994 (Editor in Chief, Texas International Law Journal)
  • Yale University, B.A., English cum laude, 1986
  • Briefing Attorney to Justice Nathan L. Hecht, Supreme Court of Texas, Austin, 1994–1995
  • Who’s Who Legal (Law Business Research Ltd.), Arbitration; 2015–2017
  • Legal 500 U.S., Dispute Resolution – International Arbitration, 2018 and 2019
  • Legal 500 Latin America, International Arbitration, 2013 and 2014
  • The Best Lawyers in America© (BL Rankings, LLC), International Arbitration–Commercial and Governmental (Houston), 2011–2023
  • Global Arbitration Review, GAR 100: “Lawyer to Know,” 2010
  • 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
  • Texas
  • New York
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • German (fluent)
  • French (fluent)
  • Spanish (basic knowledge)