REPRESENTATIVE INTERNATIONAL ARBITRATIONS
- ICSID - Registered eight ICSID arbitrations, including the representation of a major oil company against a South American government for violation of privatization-granted fiscal stability guarantees by the imposition of a new provincial tax. Consent to ICSID jurisdiction was based upon a bilateral investment treaty. Currently preparing other ICSID arbitrations against governments from South America and Asia.
- ICC - Representation of Colombian and Bermudan companies owned by large U.S. energy companies in a dispute involving the construction of a power plant in Colombia. Obtained a $14.5 million award. Representation of US companies ICC arbitrations against Caribbean and West African governments.
- IACAC - Successful defense of an Asian state-owned oil company against a $54 million claim for breach of a confidentiality agreement and a joint venture agreement involving oil properties in Peru.
- AAA International Rules - Representation of a U.S. oil company against Canadian and Bahamian companies in a dispute under a shareholders' agreement for funding the minimum work commitment of a company holding an offshore oil concession in West Africa. Obtained a multi-million dollar award.
- UNCITRAL - Arbitrator in an ad hoc arbitration in Geneva using the UNCITRAL Arbitration Rules involving a power purchase agreement in a Latin American project.
- LCIA - Advised a large oil company in a dispute with the operator involving a joint operating agreement and accounting procedure related to a project in South America.
- Iran—U.S. Claims Tribunal - Counsel for companies owned by U.S. nationals in presenting claims against the government of Iran.
- AAA Commercial Rules - Representation of U.S. and Brazilian drilling companies in obtaining a multi-million dollar award against a major oil company involving a drilling project offshore of Brazil.
REPRESENTATIVE ADR EXPERIENCE
- Arbitration - Counsel in numerous domestic and international arbitration proceedings with claims ranging up to $500 million. Acted as sole, presiding, party-appointed and institution-appointed arbitrator in ICC, AAA, CPR, and ad hoc UNCITRAL arbitration proceedings with claims ranging up to $350 million. Authored several reasoned awards, and participated in arbitrations involving multi-phases, including jurisdictional phases, phases delineated by issue and phases decided solely on the documents and briefing.
- Mediation - Counsel for parties in approximately 50 mediations, including a mediation between an Asian state-owned company and private U.S. and Peruvian companies.
- Mini-Trial - Counsel for the defendant in a two-day mini-trial to executives of the parties involving opening and closing statements and presentations by expert witnesses in a case involving a $115 million environmental indemnity claim.
- Summary Jury Trial - Counsel for the defendant in a two-day summary jury trial involving the selection of a jury, opening and closing statements, and presentation of evidence by counsel in a $200 million take-or-pay contract case.
REPRESENTATIVE CASES
Cases Involving Governments & State Enterprises
- Mobil Argentina S.A. v. Argentine Republic, ICSID ARB/99/1 - Arbitration registered before the International Centre for the Settlement of Investment Disputes (ICSID) involving fiscal stability guarantees granted in the privatization of oil and gas properties (ICSID publicly reports case name and brief description). Case settled.
- Enron Corp. v. Argentine Republic, ICSID ARB/01/3 - $600 million ICSID arbitration involving an expropriation and violation of a bilateral investment treaty by the assessment of provincial taxes based on a novel tax theory (ICSID publicly reports case name and brief description).
- Azurix Corp. v. Argentine Republic, ICSID ARB/01/12 - Representation of large international water company in a $450 million ICSID arbitration involving a regulatory expropriation and violation of a bilateral investment treaty for a water concession obtained in a privatization. (ICSID publicly reports case name and brief description).
- Sempra Energy International v. Argentina, ICSID ARB/02/16 - Representation of energy company in $300 million ICSID arbitration involving a violation of a bilateral investment treaty.
- Representation of major international oil company in preparing an ICSID arbitration against a Caribbean government involving breach of contract to extend natural gas licenses, expropriation and violation of bilateral investment treaty. Case settled on the day of filing.
- Preparing a $130 million ICSID arbitration against an Asian government involving the cost recovery provisions of a Production Sharing Agreement.
- Representing an independent oil company in an ICC arbitration against a West African government involving a contract breach arising from the assessment of local taxes exempted by contract and violation of a stabilization clause.
- Representing a major energy company in an ICC arbitration with a Caribbean government involving a $30 million claim for a breach of a power purchase agreement.
- Represented a major energy company in preparing an ICSID arbitration against the government of Panama. Case resolved by court decision.
- Advised an oil company in a dispute with a West African government.
- Successfully defended an Asian state-owned oil company in a $54 million arbitration before the Inter-American Commercial Arbitration Commission involving an oil and gas project in South America.
- Successfully represented a European state-owned oil company in a $440 million lawsuit in federal court in Texas involving a natural gas take-or-pay contract in the North Sea.
Political Risk Insurance Claims
- Advising various clients on political risk insurance claims with the Overseas Private Investment Corporation and private insurers.
INTERNATIONAL ENERGY ARBITRATIONS
Production Sharing Agreements
- Prosecuting an ICC arbitration against a West African government for violation of the tax stability clauses of a Production Sharing Agreement.
- Representing a large independent oil company in preparing a $130 million ICSID arbitration against an Asian government involving the cost recovery provisions of a Production Sharing Agreement.
- Strategizing a potential $400 million ICSID arbitration against an Asian government for expropriation and breach of a Production Sharing Agreement for failure to authorize a pipeline export project.
- Investigated a claim against a West African government for revoking a 30-day offer to enter into a Production Sharing Agreement after the client prevailed in an international bid for an offshore exploration block.
Privatization Agreements
- Mobil Argentina S.A. v. Argentine Republic, ICSID ARB/99/1 - Registered ICSID arbitration for violation of privatization decrees granting fiscal stability guarantees by novel interpretation of provincial taxes for an oil exploration project (ICSID publicly reports case name and brief description).
- Enron Corp. v. Argentine Republic, ICSID ARB/01/3 - Registered ICSID arbitration for expropriation and violation of bilateral investment treaty by assessment of provincial stamp taxes on natural gas pipeline shipping contracts and privatization agreements through novel interpretations of tax codes (ICSID publicly reports case name and brief description).
- Azurix Corp. v. Argentine Republic, ICSID ABR/01/12 - Registered a $450 million ICSID arbitration against the Argentine Republic involving the privatization of a water concession.
Joint Operating Agreements (JOA)
- Prepared an ICC arbitration for a large U.S. independent energy company against an Argentine oil company involving a JOA preferential rights provision focusing on the stock acquisition of a company that owned oil interests in Argentina.
- Advised a large independent oil company on an LCIA arbitration against a large independent oil company involving a JOA preferential rights provision concerning the exchange of oil property and refinery interests in Venezuela.
- Advised a large independent oil company on an LCIA arbitration against a major oil company involving substantial budget overruns under a JOA accounting procedure for an oil exploration project in Venezuela.
- Prepared an ICC arbitration for a large U.S. independent oil company against an Argentine oil company involving audit rights under a JOA accounting procedure involving oil properties in Guatemala.
Farmout Agreements
- Obtained a multi-million dollar award under AAA International Rules for violation of a farmout agreement by the failure to fulfill the seismic and training minimum work commitments of a Production Sharing Agreement with a West African government.
- Representing a major oil company in an on-going AAA International Rules arbitration for violation of a farmout agreement by the failure to drill minimum work commitment exploration wells offshore of China.
Confidentiality Agreements
- Successful defense of an Asian state-owned oil company against a $54 million claim in an Inter-American Commercial Arbitration Commission (IACAC) arbitration for alleged violation of a confidentiality agreement by the acquisition of oil properties in Peru.
- Preparation of a lawsuit on behalf of an international energy company against a major oil company for violation of a confidentiality agreement relating to an international bid for an offshore block in West Africa.
Drilling Contracts
- Obtained a multi-million dollar award for an international drilling company in a AAA arbitration involving a drilling contract offshore of Brazil involving a fire on a rig, force majeure, dayrates, and mobilization fee.
- Prepared an ICC arbitration for a major offshore drilling company against a Brazilian agent involving fees for obtaining Brazilian government drilling contracts. Case was mediated.
- Prepared a reasoned award as a CPR arbitrator in a case involving the loss of a hole when a drill string was dropped by a drilling contractor.
- Prepared a Society of Maritime Arbitrators arbitration for a major drilling contractor against a shipyard involving the construction of drilling barges.
- Advised on an ICC arbitration involving the inclusion of $50 million of various local taxes in the purchase price of drilling barges for sale to a Latin American state-owned oil company under an option agreement.
- Prepared an ad hoc UNCITRAL arbitration in Japan for a major drilling contractor involving the dropping of a Blow-out Preventor and claimed downtime losses.
POWER PLANT ARBITRATIONS
- Obtained $14.5 million award in ICC arbitration for a consortium of U.S. energy companies as Owner against contractor involving the construction of a power plant in Colombia.
- Representing a large energy company in an ICC arbitration against a Caribbean government involving a $ 30 million claim for a breach of a power purchase agreement.
- Arbitrator in a UNCITRAL Arbitration Rules ad hoc arbitration in Geneva involving a power purchase agreement involving a Latin American state-owned power company.
- Prepared reasoned award as an arbitrator in a AAA Commercial Rules arbitration involving a mine mouth coal mining and supply agreement between a coal mining company and an electric power plant.
CONSTRUCTION ARBITRATIONS
- Obtained $14.5 million award in an ICC arbitration involving the construction of a power plant in Colombia.
- Prepared a Society of Maritime Arbitrators arbitration for a major drilling company against a shipyard involving the construction of drilling barges.
- Arbitrator in an ICC arbitration involving the construction of a national athletic stadium in the Caribbean.
ENVIRONMENTAL ARBITRATION AND LITIGATION
- Represented large independent energy company in Central American country in strategizing and defending against a criminal environmental investigation, a human rights prosecutor’s report and massive negative publicity organized by a non-governmental organization (NGO) environmental group attempting to drive the company off its concession in a national park rain forest.
- Defended a seller of natural gas processing plants and pipelines in an AAA arbitration and a two-day mini-trial involving opening and closing statements and presentation of expert witnesses involving a $115 million environmental indemnity claim. Case settled on the basis of a proposal for a fixed cost remediation supported by insurance, which was less than the threshold for the seller’s liability. The client paid nothing.
- Preparation of a $70 million environmental indemnity claim for a buyer against seller of gas processing plants and related facilities.
- Defending an oil refinery seller in a CPR arbitration against environmental indemnity claims.
INTERNATIONAL LITIGATION CASES
- Representing large independent energy company in preparing a strategic plan and defending against a criminal environmental investigation, a human rights prosecutor’s report and massive negative publicity arising out of oil operations in a rain forest national park in Central America.
- Defense of a $54 million lawsuit on behalf of the U.S. subsidiary of an Asian state owned oil company. Obtained a court order compelling arbitration of all claims, all parties and all contracts under the Arbitration Rules of the Inter-American Commercial Arbitration Commission. Anderra Energy Corp. v. SAPET Development Corp., 22 Y.B. Com. Arb. 1079 (1997).
- Defense of a European state-owned oil company in a $440 million lawsuit involving projects in the British sector of the North Sea. The U.S. lawsuit was stayed, and the client prevailed in British court. Case settled on very favorable terms.
- Co-counsel in defending a large independent energy company against a $100 million breach of contract claim involving coal mining concessions in Colombia, South America. Issues included Act of State Doctrine, Forum Non Conveniens, and Colombian law. Partial summary judgment obtained for the client dismissing about 90% of the damage claims. Jury trial on remaining claims resulted in a jury verdict favoring the client on all issues.
- Defense of large independent oil company in a lawsuit involving a net profits interest in a Production Sharing Agreement in Indonesia. Obtained dismissal of the case.
- Defense of large independent oil company in a lawsuit involving a claimed conversion of an oil concession in Guatemala. Obtained dismissal of the case.
- Defense of an oil company in a Texas lawsuit involving an oil and gas project in Kazakhstan.
- Representation of French manufacturer in multi forum, multi country litigation involving a distributor/competitor who sued our client in Texas, and countersuits filed in Paris and Bordeaux, France. Obtained a dismissal of the Texas case for lack of personal jurisdiction, which was affirmed on appeal. The client won its cases in France. Case settled during the enforcement of the French judgment in Texas.
- Defense of several major defense contractors against multi million dollar wrongful death, products liability claims arising out of an Iraqi missile attack on an American naval vessel in the Persian Gulf (Texas counsel). The case was dismissed by a federal court in Galveston on the basis of the political question and state secrets doctrines and was affirmed on appeal.
ENVIRONMENTAL LITIGATION
- Co-counsel in defending energy company in a 12-week trial against claims of natural gas and hydrogen sulfide contamination of water wells from allegedly leaking gas wells, resulting in a jury verdict favoring the client on all issues, a take nothing judgment and an affirmance on appeal.
- Co-counsel in reversing a $204 million judgment involving natural gas and hydrogen sulfide contamination of water wells by allegedly leaking gas wells.
- Obtained summary judgment for the defendant in four cases alleging natural gas and hydrogen sulfide contamination of water wells from allegedly leaking gas wells.
- Party-appointed arbitrator for defendant-seller in a $40 million ad hoc arbitration for environmental indemnity claim concerning 220 retail service stations with alleged leaking underground storage tanks. Authored reasoned award after a three-week arbitration.
- Chairman of AAA arbitral panel in a case involving $27 million environmental and title indemnity claims resulting from the sale of oil & gas properties. Authored reasoned award after a two-week arbitration.
- Defended energy company against groundwater contamination claims involving a pipeline and a gas processing plant in Oklahoma and a pipeline and oil storage tanks in Texas.
REPRESENTATIVE ENERGY LITIGATION
Environmental
- Co-counsel brought in after the verdict to represent a large independent oil company in appealing a $204 million verdict against the company involving environmental claims related to natural gas wells. Appellate court reversed and rendered take-nothing judgment in favor of the client on all issues. Mitchell Energy Corp. v. Bartlett, 958 S.W.2d 430 (Tex. App. – Fort Worth 1997, writ denied).
- Co-counsel in defending large independent oil company against multi-million dollar environmental claims of landowners in North Texas. Twelve-week jury trial resulted in a jury verdict favoring the client on all claims.
Class Actions
- Defense of large independent energy company in a class certification hearing involving alleged underpayment of royalties for natural gas, condensate and liquids. Argued class certification issues on appeal.
- Defense of large independent oil and gas company against several class action lawsuits in various states alleging federal and state antitrust and breach of contract claims involving the alleged underpayment of royalties on crude oil and natural gas by the use of posted prices and indexes and seeking tens of millions of dollars in damages.
Qui Tam
- Defense of large independent energy company against a qui tam claim in federal court in Texas alleging the underpayment to the federal government of royalties on crude oil.
- Defense of large independent energy company against a qui tam claim in federal court in Wyoming against the underpayment to the federal government of royalties on natural gas.
Antitrust
- Defending a major offshore drilling contractor in an industry-wide antitrust class action involving allegations of wage fixing.
- One week trial of an antitrust case involving a large independent oil and gas company in federal court in Amarillo (local counsel).
Joint Operating Agreement
- Defense of a $69 million lawsuit involving a preferential-right provision in a joint operating agreement and claims of tortious interference and specific performance. Obtained summary judgment on all claims, which was affirmed on appeal. IMCO Oil & Gas Co. v. Mitchell Energy Corp., 911 S.W.2d 916 (Tex. App. - Fort Worth 1995, no writ).
Farmout Agreement
- Representation of Fortune 500 energy company in a two week trial in Kansas involving claims of breach of a farm out agreement, mistake and fraud. Argued appeal before Kansas Supreme Court.
Natural Gas Mismeasurement
- Defense of a case involving claims of mismeasurement of natural gas and condensate by the use of an orifice meter at the wells.
Output Contract
- Defense of natural gas gathering company against breach of contract and fraud claims. Plaintiff sued for $170 million in past damages and declaratory judgment relief that could have reduced the contracts' value to the clients by about $350 million over the remaining life of the agreements. Obtained summary judgment on UCC § 2.306 output contract issue, and plaintiff dismissed its fraud claim on eve of summary judgment hearing on that issue. Remainder of case (involving replacement of dedicated area gas lost in compression and processing) settled on favorable terms with the client paying nothing.
- Defense of large independent energy company in a case involving $35 million in claims for breach of contract, breach of the duty of good faith and violation of UCC § 2.306 (output contract provision). Obtained summary judgment for the client.
Take-or-Pay
- Defense of an interstate natural gas pipeline company against a $200 million take or pay natural gas contract claim. Obtained change of venue. Non binding summary jury trial resulted in a verdict favoring the client on all issues (50 issues submitted to jury). Settled on favorable terms, and obtained indemnification by another party of 75% of the settlement amount.
- Representation of an interstate natural gas pipeline company in a case involving take or pay claims and counterclaims in excess of $50 million. The case involved state court lawsuits filed in Hidalgo County and Dallas County, an appeal to the Corpus Christi Court of Appeals, a federal lawsuit in El Paso, and proceedings before the Federal Energy Regulatory Commission. Following a 12 day hearing, a temporary injunction was obtained on behalf of the client against a major interstate pipeline company, requiring the latter to take and pay for gas. Case involved a take or pay contract breach, a FERC Order 380 defense, and claims that the defense did not apply because of implied agency, integrated contract, and third party beneficiary. Settled on favorable terms, with the client effectively paying nothing, and the major interstate pipeline company agreeing to indemnify 75% of any liability for certain other cases.
- Defense of a major Texas intrastate pipeline company in a take or pay case involving alleged damages in excess of $100 million. Partial summary judgment was obtained dismissing essentially all take or pay claims against the client. The remainder of the case settled on favorable terms, with another defendant paying 97% of the settlement amounts.
Gas Supply Contract
- Representation of largest Mississippi corporation in prosecuting $525 million suit against major oil company for breach of gas supply contract. Case settled through gas sales providing the client with about 94% of the economic benefit claimed in the suit.
Wrongful Death & Personal Injury
- Defense of oil well operator in a one week jury trial involving a $1 million wrongful death claim for negligence and products liability arising out of a frac tank accident. Take nothing jury verdict rendered in favor of the client.
- Defense of large independent oil company in a personal injury case brought by four workers who were severely burned in a gas well explosion and fire.
Employment
- Defense of major energy corporation against terminated employee's claims of wrongful dismissal, breach of contract, defamation, invasion of privacy, intentional and negligent infliction of emotional distress, and conspiracy, which arose out of a failed drug test. Obtained summary judgment for the client on all claims, which was affirmed on appeal. Minckler v. Exxon Corp., No. 05-95-01015-CV, 1997 Tex. App. LEXIS 343 (Tex. App. - Dallas Jan. 30, 1997, no writ).
