International Arbitration

Oil and gas disputes are often cross-border issues, raising a variety of complex issues and involving multiple laws. Our extensive experience with 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 worked on a wide range of agreements, including joint operating agreements, production-sharing agreements, gas sales and purchase agreements, and LNG tolling contracts.

Our global representative experience includes:

• An Asian company in ICC arbitration proceedings seated in Singapore for claims for contractual price revision arising under a long-term sale and purchase agreement governed under English law for delivery of LNG to Korea
• A major Chinese energy and petrochemical company in a shareholder dispute with a European integrated energy company operating internationally about an alleged breach of English-law contractual good-faith obligations in an LCIA arbitration seated in London, involving claims in excess of $5 billion
• An international gas company in an SCC arbitration in relation to claims concerning long-term contracts for the supply and transit of gas to Europe, including defending a $12 billion claim for revision of the transportation tariff
• An international gas company in an SCC arbitration with a Stockholm seat concerning the supply of natural gas to Europe with claims of $50 billion arising out of Swedish contract and EU competition law and including a claim for price review
• Spanish and Egyptian gas companies and a consortium of banks in two Paris-seated ICC arbitrations governed by English law and about 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 $2 billion Geneva-seated UNCITRAL arbitration arising out of a production-sharing contract on an oil and gas field in North Africa
• A West African LNG producer in a $550 million London-seated UNCITRAL arbitration concerning non-delivery of LNG cargoes
• An LNG joint venture on all aspects of a $2 billion arbitration seated in Singapore about construction delays and defect claims concerning a gas transmission pipeline; the matter involved a multidisciplinary, international team comprising lawyers from across Ashurst Perkins Coie 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 photovoltaic (PV) solar power plants, nuclear power plants, energy-from-waste plants, and biomass power plants.

Our global representative experience includes:

• A joint venture partner a major state-owned enterprise, focusing on engineering in a series of disputes concerning the operation of a power generation plant in Southeast Asia
  
• 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 20 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 on 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 about 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.

Our global representative experience includes:

• The government of Kenya in the successful defense of a bilateral investment treaty claim valued at $2 billion brought under the auspices of ICSID by investors in the mining sector seeking to exploit reserves of niobium and rare earth (Cortec v. Republic of Kenya, ICSID Case No. ARB 15/29)
  
• An aluminum mining company in a London-seated LCIA arbitration relating to $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 $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 about the revocation of iron ore mining concessions
  
• A U.K.-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 and gas, energy, and renewables sectors. 

Our global representative experience includes:

• A government in claims resulting from the termination of EPC contracts in connection with a multibillion-dollar project to upgrade a commuter rail system
  
• A major Central Asian oil and gas company in connection with a dispute over a project relating to the construction of a jack-up drilling rig, including claims for delays and variations, and design responsibility
  
• 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 US$18.5 billion LNG project in Australia
  
• A Spanish subsidiary of a leading U.K. construction group in a Madrid-seated arbitration involving 11 counterparties under the Spanish Court of Arbitration Rules (Corte Española de Arbitraje), about 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, on 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 London-seated ICC proceedings governed by English law and on the construction of an offshore LNG regasification terminal and floating storage unit, including dealing with claims about delay, defects, variation orders, and complex quantum issues
  
• An engineering and construction joint venture in an arbitration under the ACICA Rules on 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.

Our global representative experience includes:

• A major energy company in multibillion-dollar claims brought by its European partner concerning the interpretation and effect of the English law shareholders agreement governing their South American-based joint venture
• A major sports company in relation to disputes concerning shareholder agreements and corporate documentation
• A major oil and gas enterprise in a multibillion-dollar dispute against a global energy company in relation to a shareholders' agreement governing its joint venture relationship in Latin America
• An international telecoms company in potential Paris-seated ICC proceedings relating to the discovery of accounting irregularities affecting 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 $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.

Our global representative experience includes:

• 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 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 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 and gas, power, and renewables sectors.

Our global representative experience includes:

• An Eastern European state in a €1.5 billion investment arbitration under UNCITRAL Rules concerning alleged investments in the mining sector
  
• A German DAX 30 company, Heidelberg Materials, and its subsidiaries in France, Italy, and Morocco in an ICSID arbitration against the Arab Republic of Egypt
  
• The government of Kenya in the successful defense of claims valued at more than $2 billion brought in an ICSID investment treaty dispute about the government's alleged wrongful termination of a mining license (Cortec v. Republic of Kenya, ICSID Case No. ARB 15/29)
  
• The government of Georgia in an ICSID arbitration concerning claims under a BIT and the Energy Charter Treaty on 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 the 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