Energy & Natural Resources Arbitration

Experience

    • A U.S.-based natural resources company in an ICC arbitration against an African State-owned entity relating to the sale of shares in a holding company with significant assets in an African country.
    • Royal Dutch Shell and The Shell Petroleum Development Company of Nigeria in the successful dismissal of claims in the English Court of Appeal regarding alleged oil spills in Ogoniland. Lord Goldsmith QC represented the client as advocate during the High Court and Court of Appeal hearings on the case.
    • Occidental Petroleum Company and Occidental Exploration and Production Company (“Occidental”) in an ICSID arbitration, winning one of the largest ever BIT awards, $1.1 billion ($1.4 billion including interest). The filing of the claim was made two days after Ecuador terminated all of Occidental’s exploration and production rights and seized all of its assets in the country. Ecuador and Occidental have arranged for payment of this award.
    • Occidental Petroleum Corporation in winning over $130 million in damages in a BIT arbitration resulting from Ecuador’s failure to refund VAT payments to Occidental.
    • ExxonMobil and Murphy Oil in a NAFTA claim against the Government of Canada arising from requirements imposed by the Province of Newfoundland and Labrador. The Tribunal handed down its Decision on Liability and on Principles of Quantum ruling in favor of our clients that Newfoundland’s regulations violated NAFTA.
    • Ust-Kamenogorsk Hydropower Plant, a subsidiary of Samruk Energy, as advocates to the appellant in the UK Supreme Court on a landmark arbitration appeal to determine whether the English Court has jurisdiction to grant an anti-suit injunction in circumstances where no arbitration is intended or in prospect.
    • A state-owned entity in a dispute with an Asian state-owned entity arising under a long-term gas supply agreement worth $30 billion.
    • Perenco Ecuador on novel jurisdictional and merits issues in an ICSID arbitration arising out of the Republic of Ecuador’s unilateral increase of its participation to 99% of all revenues from oil sales above a fixed “reference price” and its declaration that Perenco’s contracts had come to an end. In September 2014, the ICSID tribunal ruled that Ecuador breached its contracts with Perenco and violated its obligations under the applicable bilateral investment treaty to provide fair and equitable treatment, not to impede the investment, and against unlawful expropriation.
    • Petrolera Ameriven (a joint venture owned by PdVSA of Venezuela, Phillips Conoco and Chevron Texaco) in five ICC arbitrations involving a petrochemical “upgrader” facility in Venezuela, with over $900 million at stake.
    • Several US companies against a Middle Eastern government and a state-owned company in an ICC arbitration arising from a long-term natural resource concession, as well as other arbitrations arising from oil and gas concessions.