LEGAL

International Arbitration

Experts in commercial and investment arbitration, legal strategy and dispute avoidance

Representative matters

OIL & GAS
Spanish and Egyptian gas companies and a consortium of banks in two Paris-seated ICC arbitrations governed by English law and relating to a gas liquefaction project based in Egypt. The case involved questions of force majeure, hardship and the mandatory application of local laws arising under an LNG tolling contract. One of the world's largest LNG producers in London-seated UNCITRAL arbitration proceedings concerning performance-related claims arising under an LNG sale and supply agreement. An international oil and gas company in ICSID arbitration proceedings against the Government of Bangladesh concerning tax-related disputes arising under a production sharing agreement. A major oil company in a USD 1.1 billion Nigeria-seated ad hoc arbitration regarding the redetermination of shares in Nigeria's largest deep-water oil field. A consortium of Australian LNG Sellers in a USD 1 billion Hong Kong-seated UNCITRAL arbitration against a Chinese LNG buyer, relating to supply issues in one of the largest LNG projects in Australia. A Norwegian subsidiary of a global energy company in Oslo-seated ad hoc arbitration proceedings arising out of a long-term gas supply agreement and involving issues of hardship, price review and reductions in offtake. An Italian energy company in a Paris-seated ICC arbitration arising out of a price reopener in a long-term agreement for the supply of Libyan gas to Italy. An English energy company in a USD 2 billion Geneva-seated UNCITRAL arbitration arising out of a production sharing contract relating to an oil and gas field in North Africa. A subsidiary of a Russian state-owned gas company in a number of consolidated Stockholm-seated SCC arbitration proceedings arising out of the Russo/Ukraine 'gas wars' (including obtaining the largest international arbitration award of 2011 according to American Lawyer Magazine). The Government of Georgia in an ICSID arbitration concerning claims under a BIT and the Energy Charter Treaty relating to alleged investments in the construction of oil and gas pipeline infrastructure and related facilities. An independent oil and gas company in a London-seated LCIA arbitration brought by a drilling rig operator and regarding demobilisation costs. Representing a Bahraini energy company in English law claims arising out of the construction of an offshore floating regasification terminal, including handling the quantum aspects of the case on defects and wilful breach of contract. An international oil and gas company in ICC arbitration proceedings seeking to enforce its rights under a Joint Operating Agreement in respect of one of the largest exploration blocks in Romania.
POWER, UTILITIES AND RENEWABLES
A Saudi-based energy company in USD 250 million Paris-seated ICC arbitration proceedings governed by English law and relating to what was at the time of its construction the world's largest concentrated solar power (CSP) plant. A leading French nuclear company in a EUR 1.42 billion Paris-seated ICC arbitration, covering three disputes related to twenty nuclear power plants in France, which included matters of public policy and nuclear security. A number of investors in an energy-from-waste project in a London-seated IChemE arbitration governed by English law and arising out of an EPC and O&M Contract relating to a waste wood-fired energy-from-waste plant. Three biomass project companies in three consolidated London-seated ICC arbitrations arising under three design-and-build construction contracts for biomass power plants in England, including arguments relating to termination, delay and defects. Dutch and Ukrainian renewables companies in complaint proceedings under the Energy Community Treaty, as well as parallel ICC arbitration, bilateral investment treaty proceedings and regulatory proceedings arising out of the issue of one of the first green bonds in the London market. A major Korean contractor in a Singapore-seated ICC arbitration in respect of claims arising out of the onshore construction contract for one of the world's largest geothermal projects in Indonesia. A Middle Eastern construction company in London-seated LCIA arbitration proceedings relating to the supply of materials to be used in the fabrication of substructures for use in a North Sea offshore wind project. The owner of an aluminium smelter in a Stockholm-seated SCC arbitration concerning claims advanced by an electricity supplier under an electricity supply contract in Sweden. An African mining company in a USD 250 million London-seated UNCITRAL arbitration in relation to disputes arising out of an energy supply contract in Zambia. A Korean project company in a Singapore-seated ICC arbitration in relation to claims arising out of an onshore construction contract for a hydroelectric power project in Indonesia. The Government of India and Maharashtra State Electricity Board in contract and treaty arbitration proceedings concerning the Dabhol CCGT project. An international bank in Tanzanian High Court proceedings and in related ICSID arbitration proceedings regarding disputes concerning ‎a power plant. An international construction company in Dublin-seated ICDR proceedings arising from the alleged termination of an agreement for supply of turbines for use in a renewable energy project. A Swiss smart metering business in Swedish law SCC arbitration proceedings seated in Stockholm, relating to electricity smart meters and regulation in Sweden, and involving questions relating to the application of the Convention on the International Sale of Goods.
MINING
An aluminium mining company in a London-seated LCIA arbitration relating to USD 50 billion commodity supply contracts. The case was described by Global Arbitration Review as "one of the largest Russia-related disputes ever heard in London" and by The American Lawyer's 2015 Arbitration Scorecard as one of the 10 biggest international arbitrations surveyed. One of the largest Australian pure coal producers in a USD 58 million London-seated LMAA arbitration arising out of a long-term coal supply agreement. A syndicate of twenty lenders in an approximately AUD 1 billion Singapore-seated SIAC arbitration in relation to disputes concerning the financing of numerous Australian coal projects and a related debt-to-equity swap upon the borrower's default. An Australian copper and zinc mining company in a London-seated LCIA arbitration arising out of the rehabilitation of a zinc mine in the context of technological change, including disputes regarding 'End of Life' of mine and care and maintenance provisions. Dutch and Singaporean investors in relation to BIT claims arising out of the reclassification of gold and copper mining land in Mongolia as environmentally protected. A leading global resources company in relation to the investment treaty implications of an USD 375 million acquisition in Sierra Leone. The Government of Kyrgyzstan and its state-owned gold mining company in relation to potential investment treaty claims relating to the Kumtor gold mining project. The Government of Kenya in ICSID arbitration proceedings arising out of revocation of a niobium and rare earth mining permit The Government of Guinea in various claims relating to revocation of iron ore mining concessions.
CONSTRUCTION AND INFRASTRUCTURE
A major oil and gas company in a AUD 1 billion Singapore-seated UNCITRAL arbitration relating to construction-related claims and operational disputes on the downstream elements of a market-leading USD 18.5 billion LNG project in Australia. A Spanish subsidiary of a leading UK construction group in a Madrid-seated arbitration involving eleven counterparties under the Spanish Court of Arbitration Rules (Corte Española de Arbitraje), relating to disputes arising from the Haramain High Speed Rail Project that links Makkah-Al-Mukarama and Al-Madinah-Al-Munawarah. A Japanese construction company in defending claims in Singapore-seated ICC arbitration proceedings, arising from the construction of a polycrystalline silicon plant, which produced solar-grade polysilicon, in Sarawak, Malaysia. A subcontractor in a DIAC arbitration seated in Dubai and involving claims against a contractor relating to termination, de-scoping of work, payment and liquidation of bonds arising from a hotel construction project in the UAE.
M&A, JOINT VENTURE AND SHAREHOLDER DISPUTES
An international telecoms company in potential Paris-seated ICC proceedings relating to the discovery of accounting irregularities impacting the veracity of representations and warranties included in a share purchase agreement. An international shipping company in relation to warranty claims arising out of a share purchase and joint venture agreement and relating to alleged non-compliance with anti-bribery and corruption laws. An international energy company in a Singapore seated SIAC arbitration in relation to warranty and indemnity claims arising out of M&A transactions in New Zealand and Malaysia. An infrastructure investment company in three separate arbitration proceedings (worth USD 544 million in total) commenced before the Court of Arbitration of the Madrid Chamber of Commerce, in relation to shareholder disputes and breach of contract claims arising from the termination of a sale and purchase agreement. A UK listed international mining company in relation to shareholders disputes concerning the exercise of pre-emption rights for a Zambian copper mine. A pharmaceutical logistics company in Munich-seated DIS arbitration proceedings in relation to the disputed purchase price following an M&A transaction. An international polymer business on warranty claims arising out its purchase of a plastics manufacturing company subject to English law and ICC arbitration.
MANUFACTURING AND CONSUMER PRODUCTS
A Swiss multinational gas and electricity appliances manufacturer in a Stockholm-seated arbitration under the Stockholm Chamber of Commerce Arbitration Rules relating to a major Swedish smart meter roll-out project. A tobacco company in relation to its manufacturing business in Ukraine and changes to advertising regulations, involving Ukrainian court proceedings and claims under applicable BITs. A middle-eastern energy company in London-seated UNCITRAL arbitration proceedings relating to its dispute with the manufacturer of gas turbines used in its plants in Ghana. A UAE-based mobile-satellite service provider in a Paris-seated ICC arbitration relating to an insurance claim arising from constructive total loss of a satellite. A Saudi Arabian communications satellite operator in a London-seated LCIA arbitration relating to a joint venture dispute concerning satellite television in the Middle East. A Saudi Arabian communications satellite operator in a London-seated ICC arbitration concerning disputes about the fees arising from a transponder lease agreement governed by the principles of the International Institute for the Unification of Private Law (UNIDROIT). A central European telecommunications company in ICC arbitration proceedings arising out of an interconnection agreement governed by Albanian law. A multinational communications company in relation to disputes arising under project agreements with mobile network operators as part of an international connectivity project. A British betting and gambling company in relation to claims against a gambling software development company, arising from the technical failures of an online gambling system to be introduced for compliance with regulatory requirements set by the UK Gambling Commission.

I view Ashurst as an excellent firm - their employees are excellent without exception. Their people manage to combine competence and professionalism while remaining approachable at all levels. CHAMBERS AND PARTNERS UK 2022: INTERNATIONAL ARBITRATION

"Ashurst is involved, attentive, astute and impressively experienced," and members of the team "put you at ease" and provide "objective legal advice that takes a global view on achieving our technical and commercial outcomes". Chambers & Partners Singapore 2022: International Arbitration

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The partners and associates go above and beyond what is required or expected to achieve consistently fantastic results for clients. They are a dream to work with. Legal 500 Australia 2021: Arbitration