Calvin Hamilton

Calvin’s Investor State experience covers a wide range of Institutional and AdHoc arbitrations. He has sat on disputes concerning BITs and MITs; International Investment Agreements; ICSID Jurisdictional Requirements; Treaty violations; Treaty-based v Contract-based Rights; Investment protection; Environmental protection; Human Rights and State Immunity.     

Investment CV

As Arbitrator Calvin has seen disputes involving commercial banking agreements; Breach of Distribution, Share Purchase, Shareholders, Participation, Alliance, Franchise, Investment Mutual Funds and other agreements. In addition his experience lies in Financial Swaps Instruments; Detective production lines; Finder’s Fee and Commission payments; Cross-border transactions and joint-venture agreements, share and/or asset purchase, Voice Messaging System Equipment Purchase.     

Corporate & Commercial CV

Calvin’s construction experience lies in termination, modification and suspension; scope of works delays; misrepresentations; overpayments and abatements; breach; damages; change orders; fluctuations; force majeure; frustration; statute of limitations; extension of time claims; defect notifications; remobilization; site inspection vs supporting documents; delay under extension of time claims; estoppel; FIDIC contracts; defective product lines; acceptance & commissioning attempts; final acceptance; limitation of liability claims; timely delivery of production plant; delay penalties; deterioration of plant and equipment; depreciation; engineering costs due to lack of work; engineering charges to complete project; recovery of materials; performance guarantees; recovery of temporary advances; statute of frauds; exemplary or punitive damages.     

Construction CV

His oil and gas experience covers long term gas supply contracts; pricing mechanisms and revisions; price re-opener; pricing and contracts; oil indexed contracts and risks; gas procurement; foreign direct investment; cross border joint-ventures; infrastructure projects; investment protection; boundary disputes; unjust enrichment; entitlement natural resources; state immunity from jurisdiction and enforcement; joint operating agreements; exploration, production sharing agreements and concession agreements; gas and LNG sales agreements; construction and operation of oil and gas production facilities, equipment, pipelines, onshore and offshore engineering power stations; general purchasing conditions; technical and nozzle check requirements; damages; non-associated gas; store transfer and sell agreements; operating expenses; extension of time for relinquishment; misrepresentations; expropriation.     

Oil & Gas CV

Calvin is experienced in renewable energy disputes particularly involving wind and solar power; turnkey contracts; distribution of wind speed values and wind availability; responsibility for testing wind availability; technical specifications; feasibility study of terrain; environmental concerns; access to electrical grid; polycrystalline silicon production; take or pay arrangements; estoppel; bulk and surface impurity specifications; solar grade chunks; size specifications; certifications and packaging; size reduction process; limitation of liability; non-refundable advances; delivery terms; force majeure; photovoltaic plant construction; renewal subsidy regimes; feed-in tariff regimes; claw-back provisions.     

Energy CV

• International arbitration between foreign investor and a Caribbean government, concerning the breach of an investment for citizenship agreement. Seated in St. Kitts.
• International arbitration between a Caribbean government, government agency and foreign investor, concerning housing construction. Seated in Barbados.
• International arbitration between an Italian investor and a Spanish manufacturer of wind terminals concerning defective technology. Seated in Paris.
• International arbitration between a Spanish international bank and an investor concerning the breach of commercial banking agreements. Seated in London.
• 4 concurrent arbitrations involving a major construction company and a contractor concerning construction defects, delays, cost overruns and changed specifications. Seated in Madrid.
• Arbitration between an international home improvement company and a construction company concerning wrongful termination and breach of contract. Seated in Madrid.
• International arbitration under the UNCITRAL Rules between a US manufacturer of electronic units and its Spanish distributor concerning the breach of a distribution agreement. Seated in Minneapolis Minnesota.
• International arbitration between a Moroccan bank and Spanish state-owned insurer of Spanish foreign investments concerning the interpretation of contract provisions and duties and obligations of the insurer. Seated in New York.
• International ad hoc arbitration between a US buyer and a Spanish manufacturing company regarding indemnity claims under an insurance policy. Seated in New York.
• Chair or Sole Panelist on dozens of Domain name disputes.

• Ad hoc arbitration under UNCITRAL Rules between British Virgin Islands Company and a Caribbean State Agency for breach of contract. Seated in St. Lucia.
• Request for Independent Review Process between Turkish investor and ICANN, concerning failure to approve and delegate management responsibilities in a generic top-level domain name. ICDR Rules. Seated in California.
• Ad hoc arbitration under UNCITRAL Rules between US manufacturer of curtainwalls and Bermudan building contractor for breach of payment obligations. Seated in Bermuda.
• Chair in several domain name arbitrations.

• International arbitration between a Spanish international bank and an investor concerning swap instruments with seat in Madrid.
• International arbitration between US multinational and Caribbean privately owned television consortium with seat in New York.
• International arbitration between a UK construction company and a Caribbean state-owned housing development corporation with seat in Port of Spain, Trinidad and Tobago.
• International arbitration between Caribbean state-owned entity and a foreign investor with seat in London.
• International arbitration between Uruguayan and British Virgin Islands parties with seat in Madrid concerning the breach of contract of an investment in mutual funds.
• International arbitration between US companies on the one hand, and French and Swiss companies on the other, with seat in Madrid concerning the breach of a Share Purchase Agreement.
• International arbitration with seat in Zurich, between a Spanish manufacturer and Russian buyer concerning the delivery of a defective production line.

• International Chamber of Commerce (ICC)
• Retired, Senior Lecturer, Faculty of Law, University of the West Indies, Cave Hill Campus
• Former Lecturer, IE Law School, Madrid, Spain
• Member of the Board of Directories of the Spanish Arbitration Club
• Member of the European Advisory Committee of the Fletcher School, Tufts University
• Fellow, Chartered Institute of Arbitrators (FCIArb)
• Past Co-Chair, Madrid Chapter, International Law Section, NYSBA
• Past Vice Chair, Executive Committee of the International Law Section, NYSBA
• Past Vice Chair, Section of International Law, International Commercial Transactions, Franchising and Distribution Committee, ABA
• International Bar Association (IBA)
• American Bar Association (ABA)
• New York State Bar Association (NYSBA)
• Madrid Bar Association (ICAM)
• Chartered Institute of Arbitrators (CIArb)
• London Court of International Arbitration (LCIA)
• Swiss Arbitration Association (ASA)
• Association for International Arbitration (AIA)
• Spanish Arbitration Club (CEA)
• Comite Brasileiro de Arbitragem (CBAr)
• Trinidad and Tobago Dispute Resolution Centre