Energy & Natural Resources Arbitration

Experience

    • A leading infrastructure and engineering contractor in a dispute under a Construction Management Agreement related to a mixed-use development project in a Caspian state.
    • The International Court of Arbitration® of the International Chamber of Commerce as amicus curiae in support of Chevron Corporation’s opposition to the confirmation of an Egyptian arbitral award before the U.S. District Court for the Northern District of California.
    • Freeport-McMoRan and Sociedad Minera Cerro Verde in an ICSID arbitration brought against the Government of Peru under the United States–Peru Free Trade Agreement, with claims in excess of US$1 billion. The dispute arises out of the Government’s imposition of royalties, taxes, and penalties and interest against Sociedad Minera Cerro Verde—one of the world’s most productive copper mines.
    • Bulyanhulu Gold Mine Limited and Pangea Minerals Limited, subsidiaries of Acacia Mining plc, in a mining arbitration against the Government of the United Republic of Tanzania seated in London under the UNCITRAL Rules.
    • An international oil company regarding a boundary dispute impacting its oil concession.
    • A U.S. energy company and its Central American subsidiary in disputes related to construction of a wind farm in Central America.
    • Albaniabeg Ambient and Costruzioni in ICSID proceedings against Albania arising out of claimants’ investments in a waste management and renewable energy production plant.
    • A South American power company in a dispute arising out of delays and defects in the construction of a hydroelectric power plant.
    • A Peruvian power company in a dispute arising out of defects in the generators installed in a new dual-fuel power plant.
    • An international oil and gas company in litigation in the Southern District of New York to recognize and enforce an ICSID arbitration award that was rendered in 2012 against a Latin American country.
    • The Republic of Korea in ICSID arbitration filed by IPICI and Hanocal.
    • Francesco Becchetti and five other Italian investors in ICSID proceedings against Albania arising out of claimants’ investments in a hydroelectric plant and a media company, winning a historic order of provisional measures suspending criminal and extradition proceedings, and resulting in a favorable award.
    • An engineering and commissioning contractor in an AUS$2 billion ICC Singapore arbitration concerning the disputed termination of an EPC subcontract to build a captive Combined Cycle power station on an LNG facility.
    • 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.
    • A Chinese EPC contractor in an ICC arbitration concerning the construction of a coal-fired power generation facility in Central America, with more than $1 billion at stake.
    • 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, prevailing 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. Perenco is now entitled to approximately US$435 million, net of cost recovery and other factors, which is the largest compensation amount that any investment tribunal has awarded against Ecuador for its imposition of Law 42.
    • 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 U.S. 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.
    • General Electric in resolving disputes with multiple customers whose contracts involving sanctioned countries were cancelled when GE acquired a subsidiary. Some of the disputes led to arbitration or domestic litigation, and many others were resolved amicably.
    • An Asian solar cell manufacturer in a dispute under the LCIA Rules involving claims for breach of contract and under the CISG for over $200 million, leading to a successful settlement.
    • A Russian natural resources company in asserting claims against a defaulting purchaser.
    • A multinational EPC power plant contractor consortium relating to responsibility for a collapsing hillside in an Asian project.
    • An oil and gas company in its successful protection of its ownership interest in a Latin American oil and gas joint venture.