International Arbitration in the Energy SectorPublications
Promoting and Encouraging Trade and Commerce in the Pacific Region Through Dispute ResolutionNews
Joint Venture Disputes
- An ICC arbitration, sited in Madrid and London and governed by Spanish law, between US and Spanish companies. The arbitration involved amounts in dispute exceeding $150 million. The arbitration was settled on terms highly favorable to our client, after it was awarded provisional measures.
- Two ICC arbitrations, sited in Geneva and governed by Turkish and English law, between a leading private equity fund and a Turkish joint venture partner. The dispute involved amounts in dispute exceeding $75 million and was settled on terms highly favorable to our client after it was awarded provisional measures.
- An ICC arbitration, sited in Brussels with German, French and Belgian law applying, involving the break-up of a joint venture between leading European international telecommunications companies with more than $30 billion in dispute. The arbitration was settled on terms highly favorable to our client.
- An LCIA arbitration, sited in London with English and Greek law applying, involving disputes under a shareholder’s agreement between two large telecommunications companies. The arbitration was resolved following a partial award favorable to our client.
- An LCIA arbitration, sited in London with law of a Latin American state applicable, involving disputes arising from a major joint venture in the financial services sector between European and Latin American parties.
- Two ICC arbitrations, sited in Stockholm with Finnish and German law applicable, relating to the dissolution of a joint venture and the violation of non-competition commitments between two major European industrial enterprises.
- An ICC arbitration, sited in Belgrade, involving breaches of agreements relating to a joint venture company.
- An UNCITRAL arbitration, sited in Western Europe, concerning a former joint venture between two of the world’s largest advertising groups.
- Two related ICC arbitrations, sited in London with Spanish law applying, involving disputes over a joint venture company. We act as counsel for a major multinational aerospace and defense company in these disputes.
- A $50 million ICC arbitration between two major mining companies involving termination of a joint venture in Latin America.
Merger and Acquisition Disputes
- An ICC arbitration, sited in Paris under Luxembourg law, between major US and French financial services companies arising from a share purchase agreement. Amounts in dispute exceeded $100 million and the matter was resolved by a final award in favor of our client.
- An ICC arbitration, sited in Geneva, involving disputes over the acquisition of a capital goods business. The dispute settled on very favorable terms for our client.
- An ICC arbitration, sited in London and governed by English law, between an oil field services company and a state-owned company in West Asia concerning acquisition of a plant. The matter is ongoing.
- An LCIA arbitration, sited in London under Dutch and Greek law, arising from an aborted acquisition.
- An arbitration and expert determination involving disputes over purchase price adjustments in a $1 billion acquisition. The dispute was resolved by settlement on highly favorable terms to our client.
- A dispute subject to UNCITRAL Rules and governed by New York law relating to a revenue sharing agreement with a US oil and gas production company. The matter involves claims with potential value in excess of $300 million.
- An ad hoc arbitration, sited in New York, pursuant to the UNCITRAL Rules, and related expert determinations between a European energy company and a Caribbean supplier, concerning the pricing mechanism in a LNG sales contract. The amount in dispute exceeds $500 million. The matter is ongoing.
- An ICC arbitration, sited in London, involving rights to an off-shore oil block in West Africa allegedly valued in excess of $200 million. The dispute involves claims under a Farm-In Agreement, an Operating Agreement and applicable national law. The matter was resolved in favor of our client on all issues in a final award.
- A dispute subject to arbitration under the Arbitration Rules of the Kuala Lumpur Regional Arbitration Centre between a state-owned oil company and a multinational.
- An ad hoc arbitration, sited in Washington, involving disputes between an Asian state and several leading multinational energy companies over a gas supply contract. The arbitration was resolved by an award in our client’s favor.
- Two consolidated ICC arbitration proceedings sited in London, involving disputes under a farm-in agreement between our client (a multinational oil company) and a local indigenous company. The amounts in dispute exceeded $1 billion with English law applying. The Tribunal ruled entirely in favor of our client.
- An ICSID arbitration involving claims by a leading European energy company against a Central American state. The amounts in dispute are unquantified. The matter is ongoing.
- A dispute subject to UNCITRAL arbitration between a European energy company and an Asian state concerning tax and pricing issues, with amounts in dispute in excess of $2 billion. The matter is ongoing.
- An LCIA arbitration, sited in London with English law applying, involving the breach of a joint study and bid agreement between two leading international oil companies, with amounts in dispute exceeding $250 million. The arbitration was resolved by an award in our client’s favor.
- A UNCITRAL arbitration involving disputes between a Central African state and a foreign investor in the energy sector. The matter is ongoing.
- A conciliation and mediation under ICSID rules in a dispute between a US oil company and a Caribbean nation over termination of a cooperation agreement.
- An ICSID arbitration and expert determination involving pricing disputes under a complex set of agreements between an operator and a state-owned oil company.
Construction and Engineering Disputes
- An ICC arbitration, sited in Geneva and governed by Swiss law, between a leading US information technology company and a Latin American telecommunications company and a UN agency. The arbitration involved amounts in dispute exceeding $100 million, and the matter is ongoing.
- An ICC arbitration, sited in Madrid, between a defense contractor and a Spanish software company. The arbitration involved intellectual property and software issues and was settled on terms highly favorable to our client.
- A number of separate ICC and ad hoc arbitrations, sited in London, The Hague and Geneva with Dutch, English and Swiss laws applicable, involving disputes over construction of power plants in Western Europe and Africa.
- An ad hoc arbitration, sited in London, involving claims for faulty construction of a Latin American chemicals plant. The dispute settled on highly favorable terms.
- An ICC arbitration, sited in The Hague, involving disputes over a consortium agreement on a major infrastructure project.
- A $40 million ICC arbitration, sited in London, involving a construction dispute between an Asian state entity and the Western supplier of turn-key plant. The dispute was resolved on highly favorable terms following several preliminary rulings in favor of our client.
- A $1 billion construction arbitration under UNCITRAL rules between a major multinational petroleum company and a Middle Eastern state arising from the destruction of a refinery. The arbitration was resolved by an award in our client's favor.
- Two consolidated ICC arbitrations, sited in New York, between a leading American capital goods manufacturer and two Colombian companies involving the sale of aircraft equipment in Colombia.
- An ICC arbitration sited in Seoul, Korea, with Korean law applicable, involving an indemnification dispute concerning the sale of automobile equipment to a major Korean manufacturer.
- An ICC arbitration, sited in London, involving disputes over construction of a steel mill.
- A mediation and Commercial Court litigation involving a leading US manufacturer in complex and high stakes proceedings arising from alleged breaches of a joint collaboration agreement, involving claims in excess of £3.5 billion.
- An ICC arbitration regarding the establishment of a pan-European data service for consumers, involving a major Swiss watch and consumer electronics manufacturer The arbitration is sited in London, with German law applying. Proceedings commenced in late 2007 and are ongoing.
- A $40 million ad hoc arbitration, sited in London, under a Bermuda Form insurance policy. The arbitration was settled on highly favorable terms.
- An AAA arbitration, sited in Washington with District of Columbia law applying, involving claims of expropriation and violations of international law in connection with an investment in the Middle East. The arbitration resulted in an award in favor of our client on all issues.
- A multiparty ICC arbitration with English and Texas law applicable, arising from a political risk insurance policy. The arbitration involved more parties than any other ICC arbitration to date and was settled on favorable terms.
- An ad hoc arbitration, sited in London with English and Indian law applying, involving US, English and Indian parties. The arbitration involved issues of English insurance and contract law, with the IBA Rules of Evidence applying.
- Representation of a leading North American manufacturing corporation in ongoing disputes with a major European insurer in relation to coverage for a medical incident in the United States.
- An ad hoc international arbitration seated in Bermuda under a Bermuda Form policy, governed by New York substantive law, involving one of the largest US insurance companies.
Intellectual Property Disputes
- A multiparty ICC arbitration, sited in London with Indian and Texas law applicable, involving claims in excess of $100 million under a technology transfer agreement between US and Asian parties.
- An AAA arbitration, sited in London with English and European Community competition law applicable, involving claims under a distribution agreement between US and European parties.
- A $45 million arbitration sited in Stockholm under Stockholm Arbitration Institute Rules with Russian and New York law applying. The arbitration involved claims by a Russian purchaser against a North American supplier. The dispute was settled on highly favorable terms.
- A $90 million ICC arbitration, sited in London, involving technology transfers between two US parties and one Asian party.
- An ICC arbitration, sited in Zurich between two computer software producers involving claims of copyright infringement and competition law violations.
- An arbitration under ICC rules, sited in Geneva, between two chemical companies in a dispute over intellectual property rights.
- An arbitration under ICC rules between a US high technology company and a Scandinavian manufacturer over misappropriation of trade secrets.
- A complex arbitration under ICC rules, sited in Geneva, between industrial equipment manufacturers, raising issues of EU, US, and other competition laws.
- Related LCIA and ad hoc arbitrations, sited in London, between Latin American and Western European shipping lines, raising issues of competition and unfair trade practice law.
- An ICC arbitration, sited in Zurich with English and Swiss law applying, involving disputes between two major European enterprises over control of a joint venture company valued at more than $1 billion. At our request, the arbitration was conducted on a fast-track basis, proceeding from Terms of Reference to a successful award in less than three months.
- A series of related ICC arbitrations, sited in Geneva with Italian and Swiss law applying, involving the break-up of a telecommunications joint venture between German, French, and Italian parties, involving claims in excess of $10 billion.
- Two related arbitrations sited in Vienna under the Rules of Arbitration of the International Arbitral Center of the Federal Economic Chamber in Vienna. The arbitrations involve disputes over control of a major telecommunications joint venture, with Polish and Austrian law applying.
Public International Law
- The Abyei Arbitration between the Government of Sudan and our client the Sudan People’s Liberation Movement/Army under the auspices of the Permanent Court of Arbitration, concerning boundary delimination issues arising out of a peace agreement seeking to end decades of civil war in Southern Sudan. The proceedings were webcast live and archived footage is on the Permanent Court of Arbitration’s website.
- An arbitration, sited in London, under the auspices of the Permanent Court of Arbitration between two African nations over territorial sovereignty.
- Disputes between an aerospace company and a Middle Eastern state involving claims under a bilateral investment treaty and contractual instruments.
- An ICSID arbitration, sited in Washington with international law applicable, involving multiple disputes between a European multinational and an Asian State, with amounts in dispute exceeding $100 million.
- A $100 million ICC arbitration, sited in London, involving a European/Japanese consortium and an Asian state.
- An arbitration, sited in Stockholm, under ICC Rules, between an international energy company and a Central Asian state.
- An ICSID arbitration between a multinational petroleum company and an Asian state.
- An ICSID annulment case involving a challenge to an ICSID arbitration award made in an expropriation dispute between two Hong Kong companies and the government of a Middle Eastern nation.
- An arbitration between an international environmental nonprofit organization and a European government over an attack on the organization’s property and personnel.
- Arbitrations before the Iran-United States Claims Tribunal in The Hague.
- WilmerHale’s International Arbitration group is frequently cited as one of the world’s top teams in its field with individuals and partners highly ranked across all leading directories. Recent group accolades include:
- “One of the best firms that I have dealt with so far in the international arbitration space. They are at the top of their game and are very client and service-oriented.”Chambers UK 2018 (Ranked in Band 1)
- “The firm is thorough, extremely knowledgeable in arbitration and very pleasant to work with—we consider them to be at the forefront of international arbitration issues.” Chambers UK 2017 (Ranked in Band 1)
- “Outstanding international arbitration practice with an enviable track record handling complex institutional and ad hoc arbitrations. Significant experience in joint venture disputes and in the oil and gas sector.” Chambers UK 2016 (Ranked in Band 1)
- “Extremely highly regarded group of practitioners with particular strength in London and Washington, DC” and “Outstanding international arbitration practice with an enviable track record handling complex institutional and ad hoc arbitrations.” Chambers Global 2016 (Ranked in Band 2)
- “The arbitration practice is outstanding—very professional and able to blend the commercial with the technical aspects of a case.” Chambers USA 2016 (Ranked in Band 3)
- “They are creative and very detailed. They had a very impressive strategic approach, with numerous ideas of how to move forward. They’re on top of their cases and prepare incredibly well.” Chambers Global 2015 (Ranked in Band 2)
- Gary Born, Steven Finizio and Franz Schwarz were selected by their peers for inclusion in the sixth edition of The Best Lawyers in the United Kingdom
- Gary Born was the exclusive recipient of the 2012, 2014 and 2016 Client Choice Award for Arbitration in the UK from International Law Office (ILO). John Pierce was the exclusive recipient of the 2016 Client Choice award for Arbitration in the US.
- Best Lawyers in America named James Carter “New York City Arbitration Lawyer of the Year” in the 2014 and 2017 editions of their peer-review publication.
- Named “Law Firm of the Year” in International Arbitration in the U.S. News - Best Lawyers® “Best Law Firms” rankings in the 2013, 2014 and 2015 editions.
- Recipient of the 2013 OGEMID’s “Diversity” Award for the International Arbitration Group’s Intern Program and voted runner-up for the “Creativity” Award for our Scholar-in-Residence Program.
- Gary Born has been awarded Global Arbitration Review’s inaugural “Advocate of the Year” prize. In addition to the GAR award, in the past Mr. Born has been selected by the Legal Media Group as the “World’s Best International Litigator."
- Since its inception in 2008, have been named amongst the world’s top international arbitration practices within Global Arbitration Review’s GAR 30 list.
- Named Pro Bono Team of the Year at The Lawyer Awards 2010 in London for the group’s work on behalf of The Sudan People’s Liberation Movement/Army.
- Gary Born’s book International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 3rd ed. 2010) was voted the “Book of the Year” for international dispute resolution by members of the Oil-Gas-Energy-Mining-Infrastructure Dispute Management (OGEMID) Network. Born also received the “Book of the Year” award in 2009 for his treatise International Commercial Arbitration .
- In the 2011-2015 “Best Law Firm” rankings by U.S. News - Best Lawyers®, the firm’s international arbitration practice was ranked in the first-tier nationally and in Boston and New York. The practice was also ranked in the second-tier in Washington DC.
- In 2010, Partner Franz Schwarz was awarded the inaugural Swiss Arbitration Association’s (ASA) Prize for Advocacy in International Arbitration. The award, established in 2008, was given for the first time at ASA’s annual conference in Geneva on 29 January 2010.
- Gary Born and Rachael Kent are recognized in the most recent edition of Legal Media Group’s Guide to the World’s Leading Experts in Commercial Arbitration.
- Rachael Kent is recognized as a leading practitioner in Expert Guide’s 2010 edition of Guide to the World’s Leading Women in Business Law.
- Gary Born, John Pierce and Franz Schwarz are recognized in the latest edition of Legal Media Group’s Best of the Best: Commercial Arbitration.
- Gary Born, Rachael Kent, John Pierce and Franz Schwarz are recognized as leading lawyers in the most recent edition of Global Arbitration Review’s Who’s Who Legal: Arbitration.
- Chambers Global 2012-2017 recognized our “creative and detailed" international arbitration practice as having a “stellar multinational team” who receives “praise for their international approach, attention to detail and impressive cross-examination techniques,” is “thorough, extremely knowledgeable in arbitration and very pleasant to work with,” and has a “stellar reputation for handling a portfolio of big-ticket, highly complex institutional and ad hoc arbitrations.”
- Chambers USA 2011-2017 recognized our international arbitration practice, calling us “outstanding [and] very professional,” “one of the best law firms in international arbitration,” “excellent advocates,” and “an impressive firm, home to talented lawyers who provide an excellent service.” New York-based lawyers John Pierce, James Carter and DC-based lawyer Rachael Kent are individually recognized as leaders in the field.
- Chambers UK 2012-2018 recognized our International Arbitration Practice as “one of the most impressive” in the market and “outstanding,” “with an enviable track record.” London-based lawyers Gary Born, Steven Finizio and Franz Schwarz were praised for knowledge and experience in all aspects of the field.
- The Legal 500 UK 2016 recognized WilmerHale as a top tier law firm in dispute resolution: international arbitration, and highly recommends the firm in nine other categories. WilmerHale’s International Arbitration Practice was named “Firm of the Year” in 2013.
- The Legal 500 US 2013 applauded our international arbitration practice “for excellence on response times, business acumen and industry knowledge,” and stated “WilmerHale is a great firm and clearly world class.”