Arbitration

Tim has been a sole arbitrator, party appointed arbitrator, institution appointed arbitrator and tribunal chair in institutional and ad hoc international arbitrations. He has also acted as counsel, mediator, expert witness and strategic advisor in the resolution of a wide range of disputes. Some of the arbitrations that he has been involved in include:

  • An ICC arbitration concerning a pipeline operating agreement between a Turkish company and a consortium of international oil companies that owned a crude oil pipeline between the Caspian and Mediterranean Seas. There were initial claims of approximately US$ 100 million, in addition to a long term multi-billion dollar claim that extended for the life of the contract. The contract was governed by English law with the place of arbitration in London, UK.
  • An ICSID arbitration between an IOC and the Republic of Ecuador involving a Participation Contract, a farmout agreement and a joint operating agreement. Ecuador terminated the Participation Contract alleging that the farmout agreement was an unauthorized transfer of rights resulting in the material breach of the Participation Contract, which allowed it to terminate the Participation Contract. The arbitration resulted in the largest award for an ICSID arbitration at the time.
  • An ICDR arbitration between an American company and a Chinese company involving a farmout agreement and operations management agreement, both of which were governed by Texas law. The disputed agreements related to a production sharing contract in an FSU state. The claims and counterclaims totaled approximately US$ 100 million. The place of arbitration was Houston, Texas, USA.
  • An AAA arbitration involving a leasehold interest sales and assignment agreement for the sale and assignment of natural gas storage rights and gas wells located in a depleted gas field located in California, USA. The parties had total claims and counterclaims of approximately US$ 10 million for breach of contract.

  • An ad hoc arbitration under the Alberta Arbitration Act for a $3 million claim concerning a dispute arising under farmout, joint operating and assignment agreements for a production sharing contract in Egypt.

  • An ICSID arbitration between an IOC and the Bolivarian Republic of Venezuela involving an increase in royalty rates, the levying of an extraction tax, an increase in its income tax rate, and the eventual nationalization of the IOC’s oil and gas projects in the country.

  • Request for emergency relief under the ICDR Arbitration Rules arising out of a re-seller agreement that dealt with the technology for buying and selling online advertising.

  • An ICC arbitration for failure to provide, pursuant to an AMI agreement, the right to acquire an interest in licenses for the exploration and development of oil and gas in an FSU country, which was settled for US$ 4 million.

  • An ICC arbitration for US$ 5.3 million under a joint operating agreement and a sale and transfer agreement involving several oil and gas properties in a South East Asian country. A parallel claim for US$ 1.5 million was successfully made in the courts of the Turks and Caicos.

  • A dispute under an Area of Mutual Interest (AMI) Agreement for an oil and gas property in a Middle Eastern country that settled for US$ 135 million after an ICC arbitration award on the merits.

  • A claim for US$ 8 million under a salvage contract resulting from a terrorist attack on a tanker about to load oil at a Middle East terminal. The salvage contract was a Lloyd’s Open Form that provided for a single arbitrator appointed by Lloyd’s Council using the Lloyd’s Salvage Procedural Rules.

  • An UNCITRAL arbitration administered by the LCIA dealing with claims by a non-operator that the operator was in material breach of its obligations and a counter-claim that the non-operator had failed to pay its cash calls, was in default and therefore had forfeited its interest in the offshore concession located in a Latin American country. The governing law of the JOA was a Latin American civil law jurisdiction with the arbitral venue in Paris.

  • An ad hoc arbitration between an Asian multinational oil company and the national oil company of a West African country arising from cost recovery claims of approximately US$2 billion under a production sharing contract.

  • An ICC arbitration that dealt with the payment of drilling costs running into the hundreds of millions of dollars for an offshore deepwater concession in West Africa that allegedly arose under a Joint Operating Agreement. The JOA was based on the AIPN Model JOA and governed by English law with the place of arbitration in London, UK.

  • An ad hoc arbitration under UNCITRAL Arbitration Rules for a mining dispute with claims ans counterclaims of approximately $35 million. The governing law was Saudi/Shari’ah with the arbitration venue in Riyadh, Saudi Arabia.

  • An ICC arbitration between a large Russian operating company and a major American oilfield service company over a turnkey drilling contract in the Middle East with claims in the tens of millions of dollars. The contract was governed by English law with the place of arbitration in Paris, France.

  • An LCIA arbitration on a joint operating agreement multi-million dollar dispute amongst multiple parties that involved the drilling of a well in a North African oil & gas concession. The contract was governed by English law with the place of arbitration in London, UK.

  • An ICC arbitration arising under a Partnership Agreement for the construction of a clean hydro energy project in Western Canada.

  • An ICC arbitration that dealt with a stock sale and a preferential right under an oil & gas JOA (based upon the AIPN Model JOA) in a Latin American country.

  • An ad hoc arbitration under the Alberta Arbitration Act for a claim of nearly $40 million under a farmout agreement for exploration and production contracts in a Latin American country. The place of arbitration was Calgary, Canada. The contract was governed by Alberta law.

  • Multi-billion dollar construction dispute under an ad hoc arbitration for the design, procurement and building of a major educational institution in Saudi Arabia under a series of cost-plus construction contracts with a total value of $4.5 billion.

  • Disputes of approximately US$ 22 million and US$ 38 million under an ICC arbitration resulting from extra costs incurred by contractors under lump sum construction contracts arising from the bankruptcy of a vendor pre-selected by the owner/operator under its approved vendors list and which they were required to use under the contracts’ terms. The contracts were governed by English law with the place of arbitration in London, UK.

  • An ICC arbitration involving an American oil service company and a Saudi company that dealt with a multimillion-dollar joint venture agreement governed by Saudi law, which provided petroleum services in the Kingdom of Saudi Arabia. The place of arbitration was Houston, Texas, USA.

  • An UNCITRAL arbitration administered by the ICDR with its legal seat in Houston, Texas, involving a dispute between a major US oil company and a major European engineering company arising from multiple contracts governed by Texas law. There were 50+ claims and counterclaims totaling US$ 300 million for cost overruns and deficiencies in the design and build of a deep draft, semi-submersible oil production facility and mooring system in the Gulf of Mexico, USA.

  • Claim of approximately US$ 100 million under a lump-sum procurement and construction contract governed by Saudi law under an ad hoc arbitration for a state of the art building in Saudi Arabia.

  • Delay impact claim of US$ 2.2 million under an ICC arbitration in London, UK arising under a lump sum EPC contract governed by English law that resulted from the late delivery of equipment from a vendor pre-contracted by the owner/operator and assigned to the contractor.

  • A multi-billion dollar claim in an arbitration administered by an Egyptian arbitration institute in Cairo arising from a dispute concerning the ownership of land located in a GCC country.

  • A dispute on the ownership of scrap material arising from the construction of a US$ 1.6 billion gas fired power plant under a turn key construction contract governed by English law that provided for an UNCITRAL ad hoc arbitration with its venue in London, UK.

  • Application in the Saudi Administrative Court of Appeal to annul an arbitration award of approximately US$ 8 million issued by a Saudi tribunal with its venue in Saudi Arabia arising out of a construction contract governed by Saudi law.

  • A claim of approximately US$ 8 million for extra pilings that were required because the actual subsoil conditions allegedly materially differed from the conditions that an experienced and competent contractor could reasonably have foreseen prior to entering into the contract. The contract provided for English law and a multi-step dispute resolution process that included an ICC Dispute Review Board and an ICC arbitration in London, UK.

  • Warranty claims of more than US$ 8 million arising from damaged gas compressors supplied under an EPC contract, which was governed by English law under an ICC arbitration in London, and a purchase order, which was governed by English law in the English courts.