Transnational Litigation

Tim has been responsible for the litigation strategy in a variety of national courts that dealt with the resolution of complex, multi-jurisdictional disputes, including:

  • A series of claims (called Acciones Populares & Acciones Contractuales) for the recalculation and redistribution of royalties totaling US$ 6 million made in the district courts of a Latin American country by the local government against an international oil company (IOC) and the national oil company (NOC).

  • Claim in the Dutch courts for US$ 97.5 million for an alleged drainage of oil from the claimants’ block by the defendants’ group which had an adjacent block in the North Sea.

  • A claim of more than US$ 10 million for the failure of two turbogenerator units at the claimant’s central oil processing facilities in the Middle East. The purchase order provided for Alberta law but did not specify the forum. The equipment originated in the United States, the units failed in the Middle Eastern country, the claimant’s company was incorporated in Jersey, Channel Islands and the defendant’s company was a wholly owned Canadian subsidiary of a U.S. multinational. The defendant settled and replaced the failed turbogenerators.

  • Multiple claims for US$ 27 million in damages suffered to a pipeline located in a Middle East country from a flash flood. The claims for the defective design and construction of the pipeline were against three contractors under four different contracts with different governing law and dispute resolution mechanisms, including courts and arbitration. In addition, there was a claim under an insurance contract governed by New York law.

  • Successfully defended a Middle East government in a European court on the basis of a sovereign immunity defence. This involved a claim of Euro 12 million arising from an alleged contract to provide the urban planning design for a multi-billion dollar economic city.