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Sara McBrearty is a senior associate on King & Spalding’s International Arbitration team in the Houston office.  She focuses on complex, international commercial and investment disputes arising from long-term and multinational projects. Sara has represented clients in several of the largest international arbitrations on record, and has particular experience in the energy sector.

Sara has acted as counsel in international and domestic arbitration proceedings held under the auspices of most of the major arbitral institutions and rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Singapore International Arbitration Center (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Energy Charter Treaty (ECT), the Cairo Regional Center for International Commercial Arbitration (CRCICA), JAMS and ad hoc cases under the Permanent Court of Arbitration and UNCITRAL Rules.  She has also represented clients in arbitration-related proceedings in U.S. federal courts and Texas state courts.

Sara has substantial experience in complex, multi-jurisdictional disputes in Latin America, Africa, Europe, and Asia in a variety of sectors, including oil and gas, LNG, electricity, private equity, infrastructure, and pharmaceuticals.  Her treaty experience includes investment arbitrations against the governments of Ecuador, Argentina, Italy, Germany, India, South Korea, and Egypt.  Her commercial experience also includes disputes regarding joint ventures, breach of long-term LNG contracts, tax disputes, private equity energy projects, and decommissioning in the Philippines, Brazil, Indonesia, Ecuador, Egypt, Madagascar, and the United States.

Sara also advises clients in cross-border transactions, assessing risks and maximizing investment protections.

Full Bio

Credentials

J.D., The University of Texas School of Law

Texas

French

Matters

Representing a major international oil company in UNCITRAL arbitration involving cost recovery claims arising under a production sharing contract.

Representing a Chinese investor in an ICSID investment treaty arbitration against a South Asian state regarding a billion-dollar asset.

Advising Australia Pacific LNG (APLNG) on an LNG SPA price review negotiation, with a multi-billion-dollar price differential in dispute.

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Matters

Representing a major international oil company in UNCITRAL arbitration involving cost recovery claims arising under a production sharing contract.

Representing a Chinese investor in an ICSID investment treaty arbitration against a South Asian state regarding a billion-dollar asset.

Advising Australia Pacific LNG (APLNG) on an LNG SPA price review negotiation, with a multi-billion-dollar price differential in dispute.

Representing Chevron Corporation in a treaty arbitration against the Republic of Ecuador seated in The Hague, concerning the US $9 billion "Lago Agrio" environmental judgment issued by the Ecuadorian courts, resulting in precedent-setting awards in favor of Chevron, including a finding of denial of justice and treaty breaches by Ecuador's courts, as well as numerous interim measures awards ordering Ecuador to prevent enforcement of the court judgment.

Represented Union Fenosa Gas in an ICSID arbitration against Egypt concerning the Damietta LNG Project. In a 100% victory, the tribunal awarded our client over US $2 billion, finding that Egypt’s unilateral interruption of gas supply to the plant breached Egypt’s treaty commitments to treat UFG’s investments fairly and equitably.

Represented Union Fenosa Gas in two commercial arbitrations against Egypt’s national gas company regarding claims arising from a long-term LNG contract.

Won a $360 million award for Burlington Resources in an ICSID arbitration against Ecuador, arising out of the expropriation of an oil concession and associated counterclaims for alleged environmental contamination.

Representing an Indonesian pipeline operator in an HKIAC arbitration under a long-term LNG contract involving damages in excess of $400 million.

Represented a partner in a pharmaceutical joint venture in a breach of contract arbitration regarding illegal conduct, improper distributions, and intellectual property claims.

Represented a number of private equity funds and their portfolio companies in Energy Charter Treaty disputes involving several European states.

Represented a private equity client in a commercial dispute regarding a technology project in Brazil.

Represented a major US oilfield services and equipment provider in a German contract arbitration and related US litigation.

Served as Secretary of the Tribunal in an ICC commercial arbitration involving an African state and investors in a railroad construction project under the auspices of the World Bank.

Insights

Article · Source: Jus Mundi

September 4, 2020
Arbitration Team of The Month (September) King & Spalding

Energy Law Exchange

March 13, 2020
Coronavirus and Force Majeure Declarations

Newsletter

March 12, 2020
Energy Newsletter March 2020

View all

Matters

Representing a major international oil company in UNCITRAL arbitration involving cost recovery claims arising under a production sharing contract.

Representing a Chinese investor in an ICSID investment treaty arbitration against a South Asian state regarding a billion-dollar asset.

Advising Australia Pacific LNG (APLNG) on an LNG SPA price review negotiation, with a multi-billion-dollar price differential in dispute.

See more
Icon close

Close

Matters

Representing a major international oil company in UNCITRAL arbitration involving cost recovery claims arising under a production sharing contract.

Representing a Chinese investor in an ICSID investment treaty arbitration against a South Asian state regarding a billion-dollar asset.

Advising Australia Pacific LNG (APLNG) on an LNG SPA price review negotiation, with a multi-billion-dollar price differential in dispute.

Representing Chevron Corporation in a treaty arbitration against the Republic of Ecuador seated in The Hague, concerning the US $9 billion "Lago Agrio" environmental judgment issued by the Ecuadorian courts, resulting in precedent-setting awards in favor of Chevron, including a finding of denial of justice and treaty breaches by Ecuador's courts, as well as numerous interim measures awards ordering Ecuador to prevent enforcement of the court judgment.

Represented Union Fenosa Gas in an ICSID arbitration against Egypt concerning the Damietta LNG Project. In a 100% victory, the tribunal awarded our client over US $2 billion, finding that Egypt’s unilateral interruption of gas supply to the plant breached Egypt’s treaty commitments to treat UFG’s investments fairly and equitably.

Represented Union Fenosa Gas in two commercial arbitrations against Egypt’s national gas company regarding claims arising from a long-term LNG contract.

Won a $360 million award for Burlington Resources in an ICSID arbitration against Ecuador, arising out of the expropriation of an oil concession and associated counterclaims for alleged environmental contamination.

Representing an Indonesian pipeline operator in an HKIAC arbitration under a long-term LNG contract involving damages in excess of $400 million.

Represented a partner in a pharmaceutical joint venture in a breach of contract arbitration regarding illegal conduct, improper distributions, and intellectual property claims.

Represented a number of private equity funds and their portfolio companies in Energy Charter Treaty disputes involving several European states.

Represented a private equity client in a commercial dispute regarding a technology project in Brazil.

Represented a major US oilfield services and equipment provider in a German contract arbitration and related US litigation.

Served as Secretary of the Tribunal in an ICC commercial arbitration involving an African state and investors in a railroad construction project under the auspices of the World Bank.

Insights

Article · Source: Jus Mundi

September 4, 2020
Arbitration Team of The Month (September) King & Spalding

Energy Law Exchange

March 13, 2020
Coronavirus and Force Majeure Declarations

Newsletter

March 12, 2020
Energy Newsletter March 2020

View all

Credentials

J.D., The University of Texas School of Law

Texas

French