Ruth Byrne, K.C.

Energy and Related Areas

Arbitration

• Representing a minor oil and gas company in an arbitration with respect to the impact of sanctions on its contractual obligations
• Representing a consortium of LNG sellers in a series of arbitrations and negotiations of price reviews under their long-term sales contracts in Asia
• Acting for a major national oil and gas company in an ICC arbitration with respect to violation of its stabilisation rights under a long-term concession agreement by a host government
• Representing a major trading house in two arbitrations and related anti-suit proceedings to restrain a joint venture partner from inhibiting a sale of the former’s interest in the joint venture
• Acting for a major trading and investment house with respect to decommissioning of North Sea assets
• Advising an investor in a major LNG project on its rights in the context of a unitisation dispute
• Advising a European LNG buyer on potential disputes regarding force majeure and a price review with a long-term seller
• Representing a European buyer in a series of substantial gas pricing disputes with one of the world’s largest suppliers of LNG
• Acting for a multinational oil, gas and petrochemical company in emergency ICC arbitration proceedings to restrain a counter-party from acquiring substantial gas assets alone and in breach of exclusive joint bidding arrangements
• Advising an offshore Caribbean private investment company on its rights in oil and gas assets in the light of adverse government actions
• Advising an offshore Caribbean private investment company on its activities and rights with its oil production joint venture partner following the application of sanctions due to the war in Ukraine
• Representing a joint venture company in a significant LNG dispute arising from repeated failures to supply by a seller and involving allegations of misrepresentation
• Representing an asset management firm in a dispute with the buyers of its of oil and gas assets in Central America regarding contingent consideration payable for those assets
• Representing a trading company in two multi billion dollar arbitrations regarding failures in LNG supply during the COVID 19 pandemic
• Representing an oil and gas major in an arbitration in Nigeria on a nine-figure dispute regarding allocation hydrocarbon product at a handling facility
• Defending an oil and gas trader against claims as to the alleged existence of a contract to supply LNG involving questions of authority and custom and practice in the LNG industry
• Advising a major gas supplier on the applicability of force majeure provisions under its long term LNG sales agreements and potential gas pricing disputes
• Representing a major Asian energy company in an LCIA arbitration regarding the break-down of its relationship with a minority partner under a joint operating agreement
• Representing an independent oil company in a dispute with its LNG off-taker regarding quantities to be delivered under their agreed annual deliver program and a long-term sale and purchase agreement
• Advising a North American oil and gas company on its rights of first refusal upon the sale of rights in oilfield concessions in the Middle East
• Representing an energy sector contractor in LCIA proceedings regarding allegations of contractual mistake in the context of indemnity obligations of a major equipment supplier
• Representing an oil and gas company in multi-billion dollar proceedings regarding failure by a co-venturer to pay its share of exploration and development costs under a joint operating agreement and interference with recovery of those costs from government
• Representing two private equity funds in ICC proceedings against an African government regarding force majeure events that led to the failure of a substantial renewables project and advising on related project vehicle restructuring issues
• Defending a leading global provider of energy equipment against claims that milestone payments due against supply of power plant equipment were unenforceable penalties
• Representing an oil and gas drilling contractor in proceedings to recover unpaid contract sums from its former local partner in Nigeria
• Representing a major Asian energy company in a dispute with an international commodities company regarding the impact of sanctions on obligations to deliver LNG
• Advising an oil and gas major in relation to disputed payments for the sale of a significant asset in Latin America
• Representing a leading global provider of energy equipment in proceedings regarding its alleged warranty liability for with respect to equipment supplied to an Eastern European power plant
• Representing an oil and gas major in an ICC arbitration regarding the defective design of a floating offshore unit located offshore South America and on related insurance claims
• Representing a junior oil and gas company in an ICC arbitration regarding claims of misrepresentation and duress by a former consultant
• Advising an oil and gas major on its contractual rights with regard to the review of the contract price under a long-term LNG sales agreement in the Asian market
• Advising an oil and gas major in relation to the termination of a longstanding shareholder relationship in Eastern Europe and early resolution of potential LCIA arbitration proceedings in that regard
• Representing a leading global provider of energy equipment in an SCC arbitration under Russian law regarding liability for the supply of spare parts to power stations
• Representing an Employer in urgent ICC proceedings to prevent its contractor injuncting it from drawing down on performance guarantees in connection with a chemical plant construction project
• Representing a junior oil and gas company in an ICC arbitration regarding the existence and value of an alleged minority interest in two production sharing contracts in the Middle East
• Representing an oil and gas company in a series of multi-million dollar disputes under the UNCITRAL Rules arising out of a failed joint venture in Kazakhstan
• Representing a junior oil and gas company in an LCIA arbitration regarding liability for tax in connection with its sale of an interest in an oil field in Western Africa
• Representing an oil and gas major in a dispute under a joint operating agreement with respect to North Sea assets and its entitlement as operator to payment of certain costs from its co-venturers
• Advising a Northern European investor on its rights under a bilateral investment treaty with respect to treatment of its investment in an agro-energy project in sub-Saharan Africa
• Advising a drilling contractor on a dispute with its South East Asian employer regarding termination rights and payments
• Representing a junior oil and gas company in an expedited LCIA arbitration regarding the applicability of pre-emption rights under a joint operating agreement upon the sale of an interest in an oil asset
• Representing a construction company in expedited LCIA proceedings regarding disputed entitlements to draw down on performance guarantees in connection with a project to construct oil processing facilities and civil unrest
• Representing an oil and gas company in an arbitration under the UNCITRAL Rules with regard to claims for breaches of a drilling contract
• Representing an oil and gas major in multi-billion dollar contentious proceedings regarding oil and gas rights in East Africa
• Representing an oil major in a dispute with its drilling contractor regarding fees for stacking and/or termination
• Representing a construction company in an LCIA arbitration regarding a failed road-building project in West Africa
• Advising a property developer on its investment treaty rights in relation to a failed project in West Africa
• Advising a junior international oil and gas company on its rights in a dispute regarding allegedly unpaid cash calls under a joint operating agreement with an oil major
• Advising a major gas infrastructure company on disputes regarding failure to pay sums due under construction and operation contracts on a project in Central Asia and related bank guarantee rights and obligations
• Representing a group of Kuwaiti investors in a multi-million dollar dispute under the ICC Rules regarding a failed joint venture in the oil and gas sector in Kazakhstan
• Representing an Eastern European engineering company in an LCIA arbitration regarding its lender’s disputed rights to execute on various guarantee arrangements
• Representing a major shipping company in ad hoc arbitration proceedings seated in London for the return of a down-payment on a major acquisition that was frustrated by sanctions
• Defending a state entity against claims brought before the Common Court of Justice and Arbitration by an international construction company regarding the delayed construction of a hotel in North Africa

Commercial Litigation

• Representing a major shipping company in a commercial litigation regarding the breach of non-compete and other fiduciary obligations by a former consultant
• Representing an oil and gas major in Commercial Court proceedings regarding the interpretation of the contract for the sale of substantial European assets and the consideration payable for those assets
• Representing a group of Saudi investors in proceedings in the Channel Islands with respect to a failed real estate project and involving alleged breaches of fiduciary duty
• Successfully defending a junior oil and gas company in Commercial Court proceedings involving allegations of fraud and duress and subsequent Court of Appeal proceedings on related claims regarding contractual interpretation of termination rights (Monde Petroleum SA v WesternZagros Limited [2016] EWHC 1472 (Comm) and [2018] EWCA Civ 25)
• Representing a leading global provider of energy equipment in proceedings regarding liability for a series of unplanned outages at a UK power plant

Fraud, Enforcement, Challenges to Awards and Asset Tracing

• Representing a trading company in proceedings to enforce a substantial arbitral award in the Commercial Court and the Court of Appeal (Nigeria LNG Ltd v Taleveras Petroleum Trading DMCC [2025] EWCA Civ 457; AZ v BY [2024] EWHC 1847 (Comm))
• Representing Union Fenosa Gas in successful proceedings for the recognition of its USD 2+ billion ICSID award against Egypt, involving issues of sovereign immunity and the correct approach to recognition of ICSID awards in England & Wales (Union Fenosa Gas v Arab Republic of Egypt [2020] EWHC 1723 (Comm))
• Representing a judgment creditor in a series of hearings to recover a USD 2+ billion judgment debt resulting from a substantial international fraud and involving applications maintain/extend freezing injunction relief, including by the exercise of Chabra jurisdiction
• Representing three defendants to claims for the misselling of certain financial instruments/conspiracy and successfully challenging the jurisdiction of the English courts on their behalf (Tsareva v Ananyev [2019] EWHC 2414 (Comm))
• Representing a major international mining company in multi-jurisdictional proceedings to enforce two substantial arbitral awards, securing various assets freezes and attachments, and related insolvency proceedings against the relevant counterparties
• Advising bond-holders on the enforcement of a substantial New York judgment in the English courts and internationally
• Advising a well-known multinational on proceedings in New York, London and Central Africa on disputes arising from alleged bribery and corruption in connection with a major power project in sub-Saharan Africa
• Representing a trading company in freezing injunction and substantive proceedings in the Commercial Court regarding allegedly fraudulent transactions in West Africa
• Representing a major shipping company in five UNCITRAL arbitrations and English Commercial Court proceedings to recover the proceeds of a fraudulent scheme
• Representing the defendant sovereign wealth fund in a billion-dollar claim in the English Commercial Court arising out of alleged breach of contract, duress and misrepresentation, in particular successfully overturning summary judgment at an appeal hearing before Burton J (Catalyst Managerial Services v Libya Africa Investment Portfolio, unreported).
• Representing the Claimant in claims brought in the English Commercial Court for fraudulent misrepresentation, in particular appearing at hearings securing a worldwide freezing injunction and to resist an application for security for costs (Terra Raf Trans Traiding Ltd v Aidar Assaubayev & Ors, unreported)
• Defending an oil and gas company against the attempted appeal under Section 69 of the Arbitration Act 1996 of an arbitral award concerning a failed joint venture in Kazakhstan
• Appearing in the Commercial Court on jurisdictional issues and to secure evidence with respect to a London-seated international arbitration (Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm))
• Appearing in the Commercial Court on a challenge to an award under Section 67 of the Arbitration Act 1996 and on an application for security in related court proceedings (Monde Petroleum SA v Westernzagros Ltd. [2015] EWHC 67 (Comm))
• Representing a major oil and gas company on a challenge to an arbitral award brought in the English Commercial Court under section 68 of the Arbitration Act 1996 and related security applications (PT Transportasi Gas Indonesia v ConocoPhillips (Grissik) Ltd [2016] EWHC 2834 (Comm))
• Representing a mining company in English court proceedings to enforce a USD 1 billion + award against a Latin American State
• Appearing in the Commercial Court to secure an order for the recognition of an ICC award for damages arising from a failed joint venture in Nigeria
• Representing a major shipping company resisting the attempted appeal of an arbitral award under Section 69 of the Arbitration Act 1996 before the Commercial Court
• Representing a Moldovan investor in proceedings to enforce a USD half billion dollar award in the Commercial Court and related applications for security (Stati v Kazakhstan [2015] EWHC 2542 (Comm); [2017] EWHC 1348 (Comm))
• Defending an oil and gas company against worldwide freezing order applications in the Commercial Court during the pendency of a related arbitration
• Advising an African investment fund on strategy to recover substantial sums owed by a loan debtor in Nigeria
• Representing an Indian car manufacturer to resist proceedings brought in the English Commercial Court by its former U.S. distributor to challenge and appeal a final UNCITRAL arbitration award in its favour under Sections 68 and 69 of the Arbitration Act 1996, including successful applications for security for costs and in the amount of the award
• Representing the claimant, an international construction company, in multi-jurisdictional proceedings to enforce an ICC arbitration award against an African State, including appearing to secure third party debt orders in the English Commercial Court
• Representing an oil and gas major in proceedings to enforce an arbitral award under the SIAC Rules before the English Court and to obtain urgent worldwide freezing order relief in support of that enforcement
• Representing an award creditor in proceedings to execute the award against assets of a South East Asian State and related freezing injunction proceedings
• Representing a group of investors from the Middle East in proceedings in the English and Cayman Islands Courts involving claims for breach of fiduciary duty and fraud
• Life Sciences/Sports/IP and Related Areas

Arbitration

• Representing an English Premier League Club in a claim for damages arising from breach of financial fair play rules by another club (Burnley Football & Athletic Company Limited v Everton Football Club Company Limited PLJP 2023/3)
• Representing an international healthcare provider in an LCIA arbitration regarding disputed obligations to pay deferred consideration following a business acquisition
• Representing an Asian life sciences company in an ad hoc arbitration regarding alleged breaches of contractual prohibitions on distribution of its pharmaceuticals in certain territories and related allegations of duress and fraud
• Representing a drilling contractor in LCIA proceedings regarding the apportionment of liability for alleged patent infringement
• Advising a major engineering company on several disputes regarding allegedly patented technology in the ship-building sector and alleged liability for defects in that technology
• Representing an Asian life sciences company in an UNCITRAL arbitration regarding exclusive development and distribution rights with respect to pharmaceutical products
• Representing a pharmaceuticals company in a dispute regarding the break-down of its relationship for the joint development of cancer treatments
• Representing an Indian manufacturing company in ICC arbitration proceedings seated in New Delhi regarding liability for allegedly defective electronic components and related proceedings with insurers.
• Representing a well-known multinational in LCIA proceedings regarding the alleged breach of a distributorship agreement for medical products in the Middle East
• Advising a sports federation in relation to claims against a competitor for anti-competitive behaviour and interference with contractual rights
• Representing a manufacturing and retail business in a series of LCIA arbitration proceedings seated in London and related litigation in Italy arising from an M&A transaction
• Representing a Latin American company in LCIA proceedings arising out of the alleged breach of an agreement for the distributorship of books and other publications
• Representing a Saudi company in a multi-million dollar ICC arbitration claim for breach of a publishing licence

Litigation

• Representing an international manufacturer in a series of claims regarding alleged defects in its household products
• Representing a medical device manufacturer in English court proceedings regarding alleged breach of supply contracts
• Representational an international pharmaceutical company in multi-jurisdictional proceedings regarding alleged patent infringement (Otsuka Pharmaceutical Co. Ltd v GW Pharma Ltd & Anor [2022] EWCA Civ 1462)
• Representing a medical device multinational in a series of proceedings regarding alleged product liability with respect to its surgical devices
• Defending a small business against multiple claims of breach of copyright in connection with web-based imagery
• Representing a Middle Eastern technology company in English court proceedings to restrain its counterparty from drawing down on a bank guarantee

Arbitral Appointments

• Sitting as Chair on the arbitration of a fintech dispute
• Sitting as Co-Arbitrator in six related arbitrations (ultimately consolidated) in the DIFC regarding disputed bond and guarantee obligations on a major construction project
• Sitting as Co-Arbitrator in an LCIA arbitration with respect to disputed put and call rights for the sale of certain shares
• Sitting as Sole Arbitrator on a dispute regarding the remedies applicable upon a buyer’s failure to pay for and take delivery of a commodity during volatile market conditions arising during the pandemic
• Sitting as Chair on an arbitration regarding the alleged under-delivery of contractual quantities of gas and wrongful retention of advance payments against delivery

Ruth Byrne KC focuses on international commercial and investment disputes, across an array of industry sectors and specialisms including energy, sports, mining, life sciences, fintech, fraud and enforcement.  

Ruth has advised clients on disputes arising in multiple jurisdictions and has appeared as counsel in 100+ arbitrations as well sitting regularly as arbitrator.  She also appears frequently in the English High Court, in particular in proceedings in support of arbitration, as well as more generally in international commercial litigation.  Recognised in several legal directories over the years, Ruth is described as “superb”, “an exceptional litigator”, “an excellent advocate wise beyond her years” and “a persistent, credible case builder”.  Clients note her “ability to marshal enormous doses of information, retain key facts, be diligent and patient, and follow through as if it were her personal matter – her analysis is always based on facts, the law and the cultural sensibilities of the jurisdictions involved” and that she is “very strategic in her thinking and able to pare down arguments to what's important”.

Ruth writes and speaks regularly on a variety of international arbitration topics.  Ruth is a member of the ICC UK Selection Subcommittee and a former YIAG Co-Chair.