International Arbitration

Oil & gas disputes are often cross-border and can raise a variety of complex issues, often involving multiple laws. Our expertise in oil and gas disputes covers the full spectrum of issues, including non-supply, force majeure, price review, tolling structures, licensing and project operational issues. We have experience of disputes across a wide range of a agreements including joint operating agreements, production sharing agreements, gas sales and purchase agreements and LNG tolling contracts.

• 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.
• 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 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 English energy company in a US$2 billion Geneva-seated UNCITRAL arbitration arising out of a production sharing contract relating to an oil and gas field in North Africa.
• A West African LNG producer in a US$550 million London seated UNCITRAL arbitration concerning non-delivery of LNG cargoes.
• An LNG joint venture on all aspects of a US$2 billion arbitration seated in Singapore relating to construction delays and defect claims in regard to a gas transmission pipeline. The matter involved a multi-disciplined international team comprising of teams across offices in Brisbane, Sydney, Canberra, Hong Kong, Singapore, London, Glasgow and Milan.

We have extensive experience in power, utilities and renewables disputes, including in relation to concentrated and pv solar power plants, nuclear power plants, energy-from-waste plants and biomass power plants.

• A Saudi-based energy company in US$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 €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.
• A solar farm proponent in an ICC arbitration regarding multimillion dollar claims and counterclaims in relation to delays to the construction, connection and commissioning of one of the largest solar farms in Australia.

Our experience in the mining sector includes advising in relation to commodity supply contracts, mining concession rights, mine rehabilitation, financing of mining projects and investment treaty claims.

• An aluminium mining company in a London-seated LCIA arbitration relating to US$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 US$58 million London-seated LMAA arbitration arising out of a long-term coal supply agreement.
• 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.
• The Government of Guinea in various claims relating to revocation of iron ore mining concessions.
• A UK listed international mining company in relation to shareholders disputes concerning the exercise of pre-emption rights for a Zambian copper mine.

We have significant experience in construction and infrastructure project disputes. In particular, we have acted in arbitration proceedings in relation to various construction-related claims in the oil & gas, energy and renewables sectors. 

• A major oil and gas company in a A$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 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. 
• A Bahraini energy company in English law governed, London-seated ICC proceedings relating to the construction of an offshore LNG regasification terminal and floating storage unit, including dealing with claims relating to delay, defects, variation orders and complex quantum issues.
• An engineering and construction joint venture in an arbitration under the ACICA Rules relating to defects arising from the engineering and construction of a A$1.6 billion road infrastructure PPP Project.

Our experience in relation to M&A transactions, joint ventures and shareholder disputes includes breach of contract claims, warranty and indemnity claims and shareholder disputes regarding pre-emption rights.

• 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 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 US$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 pharmaceutical logistics company in Munich-seated DIS arbitration proceedings in relation to the disputed purchase price following an M&A transaction.

We have acted in arbitration proceedings in relation to both manufacturing and consumer products disputes, including disputes in the energy and telecommunications industries.

• 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.

Our experience in public international law and investor state arbitration includes acting for and against states in high-profile and complex claims under contracts and various Bilateral and Multilateral Investment Treaties, including the Energy Charter Treaty. In particular, we have acted in disputes in relation to investments in the oil & gas, power and renewables sectors.

• 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.
• 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.
• The Government of India and Maharashtra State Electricity Board in contract and treaty arbitration proceedings concerning the Dabhol CCGT project.
• A consumer products business in an ICSID claim against Ukraine regarding actions of domestic competition authorities.