Companies in the energy sector undertake high value, often high risk transactions at the cutting edge of current technology. In addition to the technical challenges which arise in this heavily regulated industry, the progressive development of reserves around the globe has led to greatly increased investment into territories with increased political risk.

Aside from this ongoing geographic diversification, our clients are responding to ever changing geo-political/socio-economic movements such as security of supply, repatriation of assets, oil price fluctuations, demand shifts, climate change and increased renewables opportunities to mention just a few. For example, the downward demand shift in 2009 has had a material impact on the viability of many energy projects and has impacted economic viability of contractual provisions, such as take-or-pay, that form the basis of a large number of contractual arrangements.

Despite best business practices, in this dynamic commercial environment, disputes are often unavoidable. When disputes do occur, companies in the energy sector expect their lawyers to be real specialists. They expect their lawyers to understand the industry, the marketplace, and their clients’ immediate concerns.

Our specialist energy disputes team has an unrivalled understanding of the commercial context in which disputes arise in both the national and international arena. We have experience of, and routinely deal with multi-party, multi-jurisdictional arbitration and litigation.  We are aware of the potential negative impact of a claim on both business and morale. We always approach disputes as commercial problems.

Relevant experience includes advising:

• An LNG buyer in a series of high value UNCITRAL arbitrations relating to a price review disputes under long-term LNG sale and purchase agreements valued in excess of US$4 billion 
• An investment company in four LCIA arbitrations relating to some of the first oil concessions in post-war Iraq valued in excess of US$150 million 
• Northern Ireland Electricity in a dispute relating to the proper construction of the charging provisions in a long-term gas supply agreement for the supply of gas to Northern Ireland, leading to the judgment in our client’s favour in the Court of Appeal (Centrica Plc & Anor v Premier Power Ltd [2007] EWCA Civ 1225 (27 November 2007))
• An FPSO charterer in relation to cost and schedule overruns on a US$1.2 billion project offshore Brazil 
• A drilling contractor in an LCIA arbitration relating to a dispute over the early termination of a high efficiency drilling rig by a Middle-Eastern state owned oil company
• An oil exploration company in relation to a dispute arising out of the revocation of a concession agreement for a major oil field in Ukraine following government intervention 
• A power company in relation to an Electricity Arbitration Association arbitration arising out of contractual change in law provisions due to the EU emissions trading scheme 
• An offshore contractor in relation to claims in excess of US$100 million arising out of the construction of sub-sea infrastructure in the Mediterranean
• A major drilling rig owner in a dispute over the termination of a long-term drilling contract in the Middle East worth in excess of US$100 million 
• An international oil and gas company in relation to a dispute with the government of Syria arising out of governmental consents for the building of gas production and transmission facilities
• A major UK mining company in relation to a dispute with power station owners over the contract price under long-term supply agreements worth £100 million
• On an expert determination in relation to changes in costs due to the introduction of the EU Emissions Trading Scheme
• Various mining companies with interests in the Europe and the Russian Federation in relation to privatization agreements, sale and purchase agreements and shareholders agreements