Leading Practitioners’ Guide to International Oil & Gas Arbitration
PDF of Title Page and T.O.C.
INTRODUCTION
TREATY-BASED ISSUES IN INTERNATIONAL OIL & GAS ARBTRATION
THE ENERGY CHARTER TREATY AND BEYOND
COMMERCIAL ISSUES IN INTERNATIONAL OIL & GAS ARBITRATION
Kevin O’Gorman and Mark Stadnyk
PROCESS AND PROCEDURE IN INTERNATIONAL OIL & GAS ARBITRATION
MISCELLANEOUS
James M. Gaitis is a long-standing member of the State Bar of Texas and a specialist in complex oil & gas/energy arbitrations. As the former Director of the International Dispute Resolution Programme and a Full-Time and Global Faculty Member at the Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee (CEPMLP), Scotland, during 2006-2008 he taught classes in investor-state arbitration and commercial international arbitration and worked extensively with the late Professor Thomas Wälde, the former UN Inter-regional Advisor on Petroleum and Mineral Legislation and EU Jean-Monnet Chair of International Economic, Natural Resources & Energy Law. In private practice he served variously as in-house counsel, lead outside trial counsel, and special outside counsel for a diverse array of domestic and international companies, individuals, and other entities involved in the oil & gas industry.
Over the past 26 years, Mr. Gaitis has been listed on a broad variety of international and domestic arbitration panels, including the AAA National Energy Panel and Large, Complex Case Panel, the ICDR Panel and International Energy Arbitrators Panel, the British Columbia International Commercial Arbitration Centre, and the CPR's Oil & Gas/Energy Panel and Cross-Border Panel. He frequently serves as chair, party-appointed, and list-appointed arbitrator on tripartite panels in international and domestic arbitrations involving all aspects of the oil & gas industry and is a member of the prestigious Energy Arbitrators List. His arbitrations have involved many of the largest oil companies in the world.
A Fellow and former Director of the College of Commercial Arbitrators and a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, Mr. Gaitis is the author of numerous articles and book chapters relating to international and U.S. arbitration law and practice, several of which have been cited repeatedly to the United States Supreme Court, various U.S. federal district and appellate courts, and other courts, such as the Supreme Courts of Texas and Puerto Rico. He served respectively as an Editor and then repeatedly as the Editor-in-Chief of the first, second, and third editions of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (Juris 2006, 2010, 2013). He is a graduate of the University of Notre Dame (BA, cum laude 1976) and the University of Iowa College of Law (JD 1978), where he served as a Note & Comment Editor on The Iowa Law Review.
ABOUT THE CONTRIBUTORS / AUTHORS
Arif Hyder Ali is the Co-Chair of Weil Gotschal International Arbitration practice, which consists of some 30 partners and associates spread across the firm's 21 offices. Mr. Ali is based in the firm's Washington, DC office. He is consistently rated as one of the world's leading international arbitration and public international lawyers by: Chambers and Partners (USA, Global and Latin America), Global Arbitration Review, Who's Who in American Law, Who's Who in Public International Law, The Legal Media Group's Guide to the World's Experts in Commercial Arbitration, Lawdragon, PLC Which Lawyer?, The International Who's Who of Business Lawyers, Washington Super Lawyers, and The International Who's Who of Commercial Arbitration Lawyers. He has also received several awards for client service and results. For example, in 2011, he received the International Law Office's Client Choice Award for International Arbitration (USA); and in 2011, he was decorated by the King of Bahrain with the Order of Bahrain (II) for his role in representing Bahrain in its territorial and maritime border dispute with Qatar before the International Court of Justice. Mr. Ali has represented parties from the United States and Canada, Central and South America, Europe, the Middle East and North Africa, and across Asia in international commercial and investment arbitrations under many of the major international and regional arbitral regimes (e.g., ICC, ICSID, LCIA, UNCITRAL, ICDR, CRCICA, DIAC). He has also represented parties before inter-governmental tribunals, including the US-Iran Claims Tribunal and the United Nations Compensation Commission.
Nigel Blackaby is Global Co-Head of Freshfields' International Arbitration practice. He has acted as counsel and arbitrator in over 100 ad hoc and institutional arbitrations, both commercial and investor-state under bilateral investment treaties, with a focus on Latin America and energy. These include landmark disputes such as CMS v Argentina, BG Group v Argentina, SGS v Pakistan, Iberdrola v Guatemala, Bureau Veritas v Paraguay, Rurelec v Bolivia, Burlington v Ecuador and Repsol v Argentina. He is currently acting in investor-state arbitrations in the energy and infrastructure sectors involving Argentina, Bolivia, Guatemala, Ecuador and Venezuela. Nigel is a former president of the IBA Subcommittee on Investment Arbitration and an editor since 1995 of Arbitration International. He is co-author of the leading treatise Redfern and Hunter on International Arbitration (5th edition, Oxford, 2009), Guide to ICSID Arbitration (2nd edition, Kluwer, 2010), and International Arbitration in Latin America (Kluwer, 2003). He is an Adjunct Professor of Law at the Washington College of Law, American University in Washington, D.C.
Thomas J. Brewer has served as a sole or panelist arbitrator since 1985 in more than eight hundred arbitrations, involving U.S., European, Latin American and Asian parties, in cases administered by AAA, ICDR, JAMS, ICC, LCIA, SIAC and under the UNCITRAL, CPR, Society of Maritime Arbitrators and American Association of Railroads rules, and in numerous other non-administered cases. He often serves as the chair of three-arbitrator panels. He is a member of the ICDR's International Roster of arbitrators and of its International Energy Arbitrators List, the AAA's Large Complex Case and National Energy Panel of arbitrators, and of the CPR Institute's International/Cross-Border panel of arbitrators and Energy, Oil and Gas panel. He frequently serves as an arbitrator in energy and other international commercial arbitrations. He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators. He writes and speaks frequently on arbitration topics, and has been a contributing author to all three editions of the College of Commercial Arbitrators' Guide to Best Practices in Commercial Arbitration (Juris Net). He is a graduate of Dartmouth College, Oxford University, and of the Harvard Law School. He is based in Seattle, Washington, USA.
John P. Bowman is a Partner with King & Spalding LLP in Houston, where he is engaged in an arbitration and litigation practice representing primarily international oil companies and service companies in a wide range of commercial and investment disputes. He is a frequent writer and speaker on international arbitration and international oil and gas topics. He is currently President of the Association of International Petroleum Negotiators and a member of the governing Council of the Texas State Bar Oil, Gas and Energy Resources Law Section. Increasingly, he is called upon to assist IOCs and international NOCs design, draft, negotiate, and assess stabilization mechanisms in upstream and project agreements with host governments and NOCs. Among his recent professional honors, Chambers Global 2014, Chambers USA 2014, Best Lawyer's in America 2015, and International Who's Who of Commercial Arbitration 2014 rank Mr. Bowman as a leader in International Arbitration. Legal 500 U.S. 2014 identifies him among the elite "leading lawyers" in International Arbitration. Who's Who Legal: Energy 2014, Best Lawyers in America 2014, the Guide to the World's Leading Energy Attorneys (11th ed.), and International Who's Who of Business Lawyers Oil & Gas 2014 recognize Mr. Bowman as one of the world's leading oil and gas lawyers. He was awarded the AIPN Education Award for 2010-2011 and 2011-2012 and its Legacy Award for 2012-2013. Mr. Bowman was Adjunct Professor for International Arbitration at the University of Oklahoma College of Law (2012, 2013, 2014). Mr. Bowman is a member of the Advisory Boards of the Institute for Transnational Arbitration and the Institute for Energy Law. He is a Fellow of the College of Commercial Arbitrators and of The Chartered Institute of Arbitrators. He received his J.D. from the University of Kansas School of Law in 1980, where he was Editor-in-Chief of the Kansas Law Review.
Derrick Carson, a Partner in Locke Lord LLP's Houston office, is Chair of the Firm's Construction Law Practice Group and Deputy Chair of the Firm's Energy Dispute Resolution Practice Group. His practice focuses on global dispute resolution, primarily representing clients in the energy, petrochemical, and construction industries. Derrick has tried cases as lead counsel to juries and judges and served as lead counsel on appeals, including arguing cases before U.S. Courts of Appeal. He is well-versed in international arbitration, having represented clients before a host of international arbitral bodies on issues as diverse as development of oil and gas fields, pipeline and offshore rig construction, alternative energy projects, maritime matters, and other contractual disputes. Derrick is currently serving a three-year term on the Executive Committee for the North American Branch of the Chartered Institute of Arbitrators, where he serves as Vice Chair of Arbitrator Training & Education.
Graham Coop is qualified as a barrister and solicitor in New Zealand and as a solicitor in England and Wales. He advises and represents companies, governments and international organisations on international dispute resolution and public international law, with a particular focus on the energy, natural resources and infrastructure sectors. His work on contentious matters has focused on the Energy Charter Treaty, investment treaties, price revisions under long-term energy sale contracts, and maritime boundary delimitation. He has appeared as counsel, advocate and expert before a wide range of international courts and tribunals, including the International Court of Justice, ICSID, the PCA and the ICC. Before joining Volterra Fietta, Graham served for 7 years as General Counsel to the Energy Charter Secretariat, a Brussels-based international organisation responsible for the Energy Charter Treaty. As General Counsel, Graham participated in intergovernmental negotiations on emergency dispute resolution issues and energy transit. He also led the development of the Model Agreements for Cross-Border Pipeline Projects and for Cross-Border Electricity Projects. Graham's career includes over 15 years in private practice. Prior to taking up his post at the ECT, Graham was an international dispute resolution partner in the energy department of the London office of a major international law firm. He has also worked as in-house counsel at a major European gas company and as head of the energy & natural resources department of the Paris office of a major international firm.
Alexandre de Gramont is a Partner in the International Arbitration Group of Weil, Gotshal & Manges LLP. He has been consistently ranked among the leading international arbitration lawyers in the United States in publications such as Chambers Global, Chambers USA, Benchmark Litigation, The Best Lawyers in America, Washington, DC's Best Lawyers, and The International Who's Who of Commercial Arbitration. Mr. de Gramont has handled a wide variety of energy-related disputes, both in the context of international commercial and investor-state arbitration. In the latter category, he has represented both investors and states in cases arising under bilateral investment treaties, multi-lateral investment treaties (including the Energy Charter Treaty, NAFTA, and CAFTA), investment agreements, and foreign investment laws. Mr. de Gramont received his undergraduate degree from Wesleyan University in 1986 and his law degree from New York University in 1990. His native language is English and he is fluent in French.
Elisabeth Eljuri is Head of Latin America for Norton Rose Fulbright. She is a senior energy practitioner and a member of the international arbitration practice group globally. Elisabeth received her law degree cum laude from UCAB, an LLM from Harvard Law School and is admitted to practice in Venezuela and New York. For years, Who's Who in Oil and Gas has selected Elisabeth as one of the top 10 energy practitioners worldwide, stating that "Eljuri is without question one of the world's leading oil and gas lawyers. . . . Eljuri has provided assistance in high profile disputes and transactions for Fortune 500 energy clients over the course of a fantastic career." Likewise, Chambers Global ranked Elisabeth in Band 1 in Latin America and Star Individual for Venezuela. Also, Who's Who in Commercial Arbitration ranks Elisabeth as a leading arbitration lawyer. Elisabeth frequently acts as co-counsel in international arbitrations, including ICC and ICSID cases. She has also been retained as independent expert in several international arbitrations or proceedings and spoken/published extensively in the area of natural resource disputes. Elisabeth was President worldwide of the AIPN, based in Texas. Elisabeth is also Chair of the Americas Initiative of the Institute for Transnational Arbitration (ITA).
Francesca Fraser is an associate in the London office of Norton Rose Fulbright and a member of the firm's International Dispute Resolution practice group. Her practice to date has focused on international arbitration (including assisting in investor-state matters), with a particular focus on the energy and constructions sectors. In addition to assisting in representing clients in disputes, she is involved in the drafting of arbitration clauses and assisting clients in 'nationality planning', so as to ensure favourable treaty coverage. She is admitted to practice as a solicitor in England and Wales.
Mark W. Friedman is a Partner in Debevoise & Plimpton's International Disputes Resolution Group. Mr. Friedman has represented clients in a wide variety of disputes, including those concerning energy, mining, construction, shareholder relationships, joint ventures, telecommunications, and investments. He has acted as counsel or arbitrator in disputes under the rules of the LCIA, ICC, AAA, ICDR, CPR, UNCITRAL and ICSID. Mr. Friedman has been ranked as a leading individual by Chambers Global, Chambers UK, Chambers USA, The International Who's Who of Commercial Arbitration, The International Who's Who of Commercial Litigation, PLC Which Lawyer? Yearbook, Legal Experts, and as one of the inaugural 45 stars under 45 by the Global Arbitration Review. Among other positions, he is a member of the Court of the London Court of International Arbitration, a member of the editorial board of Dispute Resolution International, and past Co-Chair of the International Bar Association's Arbitration Committee, and corapporteur of the International Law Association's Commercial Arbitration Committee. Mr. Friedman received his B.A. summa cum laude from the University of Massachusetts in 1988 and his J.D. from Yale Law School in 1991.
David R. Haigh, Q.C. is a Senior Partner with the Calgary law firm of Burnet Duckworth & Palmer LLP where he has practiced as a commercial litigation counsel in the Canadian courts and as an advocate and arbitrator in the field of international commercial arbitration. He has served as an arbitrator on numerous international commercial arbitration and investor-state panels. He has, in addition, acted as counsel on a wide variety of arbitration matters, including ad hoc, institutional, private and investor-state disputes. David served as the national chairman of the Canadian ICC Committee for 6 years and as a director of the American Arbitration Association ("AAA") for 12 years. David has been a Fellow of the Chartered Institute of Arbitrators for many years and is now a Chartered Arbitrator. He is also a Fellow of the American College of Trial Lawyers and a Founding Member of the Western Canada Commercial Arbitration Society. David has been recognized as a panelist on the Energy Arbitrators List published by the ICDR. David is also a panelist with numerous well recognized international arbitration centres and has conducted arbitrations in recent years among a large variety of nationals and state entities. David has represented both claimants and states in various investor state matters. David's extensive experience as a leading Canadian litigation counsel has prepared him for a widely based arbitration practice. He has actively participated in disputes involving, among other things: (1) oil and gas, energy related disputes including exploration, production, marketing, storage and pricing disputes and (2) numerous other contractual and corporate/commercial disputes including such subject matters as coal and potash mining, pharmaceuticals, telecommunications and intellectual property. David is frequently referred to in publications as a leading practitioner in this field.
Grant Hanessian is Global Co-Chair of Baker & McKenzie's International Arbitration Practice Group. He has extensive experience as counsel and arbitrator in disputes concerning energy, investment treaty, construction, commodities and other matters. Mr. Hanessian is Vice Chairman of the Arbitration & ADR Committee of the United States Council for International Business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), and is a member the ICC Commission on Arbitration, the ICC Task Force on International Arbitration with States and State Entities, AAA-ICDR International Advisory Committee and its Subcommittee on Revision of the ICDR Rules and the ICDR Advisory Committee on Brazil, New York State Bar Association Task Force on International Arbitration, International Arbitration Club of New York, and Club Español del Arbitraje, and a founding board member of the New York International Arbitration Center. Mr. Hanessian is editor of ICDR Awards and Commentaries (Juris Pub. 2012) and co-editor of Comparison of International Arbitration Rules (American Bar Association Section of International Law, forthcoming 2015), International Arbitration Checklists (Juris Pub., 2nd ed., 2009), Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's International Litigation & Arbitration Newsletter. Mr. Hanessian is recommended by Chambers Global and USA Guides (described as "very experienced, hugely knowledgeable and effective"), Legal 500 (described as "a great practitioner" with a "strong commercial profile"), PLC Which Lawyer, The International Who's Who of Commercial Arbitration and Expert Guide to Leading Practitioners in International Arbitration.
David Harrell is a Partner in Locke Lord LLP's Houston office and serves as Chair of the Firm's International Arbitration Practice Group, Chair of the Firm's Business Litigation and Dispute Resolution Practice Group, and is a member of the Firm's Board of Directors. David has resolved a broad array of domestic and international commercial disputes in the energy, construction, technology, and financial services sectors, including contract disputes, untangling fiduciary and business disagreements, addressing trade secret misappropriation and unfair competition claims and prosecution and defense of fraud claims. His representation of clients across five continents has involved disputes before a variety of arbitral institutions, as well as ad hoc arbitrations. Named a "Super Lawyer" in Business Litigation by Law & Politics each year since 2012, he is a Fellow of the Chartered Institute of Arbitrators, a past Chair of the Chartered Institute's Texas Chapter, and a former Chair of the State Bar of Texas Business Law Section. He also serves as a Tutor for the Chartered Institute's North American Branch.
Ben Holland is a Partner in the International Dispute Resolution Practice Group at Squire Patton Boggs. He focuses on multi-jurisdictional, large scale dispute resolution for energy sector clients around the world. His practice also focusses on disputes arising out of fluctuations in the price of crude oil and the consequential impact on the price of natural gas, LNG, coal and other commodities. Mr. Holland was educated at the University of Oxford.
Professor Doug Jones AO has graduated from the University of Queensland with a combined Bachelor of Arts and Laws degree in 1974, followed by a Master of Laws in 1977. Professor Jones has held appointments to professional bodies including: Past President of the Australian Centre for International Commercial Arbitration (2008-2014) and Fellow, Chartered Arbitrator, and Past President of the Chartered Institute of Arbitrators, London (2011). He holds professorial appointments at the Queen Mary University of London and University of Melbourne.
Gordon E. Kaiser is an independent arbitrator and mediator in disputes involving energy contracts and energy projects including construction, project finance, environment, interconnection and regulatory issues. He served as Vice Chairman of the Ontario Energy Board for six years. He has appeared before Courts and Regulators in six provinces as well as the Federal Court of Canada and the Supreme Court of Canada. As Regulator and Arbitrator he has written over 100 decisions in domestic and international energy disputes. Gordon has served as a sole Arbitrator, Chairman and Party Nominee in arbitrations on power purchase agreements, gas supply contracts, project finance, the construction of transmission lines and the interconnection of solar and wind generation. Gordon is a panel member at the London Court of International Arbitration, Energy Arbitration Chambers in Calgary, the Canadian Transportation Agency in Ottawa, the Chartered Institute of Arbitrators, London England, the JAMS Global Engineering and Construction panel in Washington, DC and the Independent Electricity System Operator in Ontario. He has served as an Adjunct Professor at Queens University, the University of Toronto and the Osgoode Hall Law School. He is a Board Member at the Energy Bar Association, Washington, DC, Co-Chair of the Canadian Energy Law Forum and a Managing Editor of the Energy Regulation Quarterly.
Sophie Lamb is a Partner at Debevoise & Plimpton and Co-Chair of the firm's global energy disputes group. A recognized leader in the field of international arbitration and public international law, Ms. Lamb has acted as adviser and/or advocate in more than one hundred international arbitrations in proceedings involving investment agreements, long term supply relationships, concession agreements, stabilization clauses, tax disputes, price re-openers, gas pipeline and consortium issues, take or pay obligations, hardship/fairness clauses, M&A, JOA, JSBA, joint venture disputes, shareholder agreements, pre-emption rights, share purchase agreements, warranty/indemnity claims and technology licensing rights, among many others. Her diverse international case load has included arbitrations in Europe, Asia and the U.S., many of which have concerned assets or claims valued in excess of $1 billion, subject to a wide variety of applicable law and international treaties. She has also appeared in the UK Supreme Court in addition to sitting as arbitrator in energy disputes, including those involving states and state entities.
Floriane Lavaud is a Member of Debevoise & Plimpton's International Dispute Resolution Group in New York. Her practice focuses on international investment and commercial arbitration and enforcement-related litigation, in particular in the energy and mining sectors. She is admitted to the New York and the Paris Bars, in addition to being a Solicitor in England and Wales. Ms. Lavaud represents clients in arbitrations conducted under the auspices of the main arbitration institutions and in related court proceedings. She has advised clients in a variety of jurisdictions on issues of civil and common law, public international law, treaty and contract interpretation, and maritime boundary. Her expertise also includes the assessment of damages and the enforcement of arbitration awards. Prior to joining Debevoise in 2007, Ms. Lavaud worked at Total, the leading French oil and gas company, as a member of its Exploration & Production legal division. From 2009 to 2011, she clerked for the Honorable Douglas P. Woodlock of the United States District Court in Boston. Ms. Lavaud received an LL.M. degree from the University of Pennsylvania Law School in 2007 and an M.A. in Litigation and Arbitration from the University of Paris II Panthéon-Assas with honors in 2005. She is a native French speaker, is proficient in Spanish and speaks basic Dutch.
Aimee-Jane Lee is an International Counsel at Debevoise & Plimpton. Her practice focuses on investment treaty and complex commercial arbitration and public international law and she is a senior figure in Debevoise's energy disputes group. Ms. Lee has advised private clients and states across multiple jurisdictions (most notably in Asia, Africa, Latin America and Eastern Europe) and a number of industries, with particular expertise in energy. Inter alia, she frequently advises on the international protection of investments (notably under bilateral investment treaties, the Energy Charter Treaty and investor-state contracts) and represents clients in associated disputes, often involving multi-billion dollar claims. In addition to her legal experience, Ms. Lee has passed all three levels of the CFA (Chartered Financial Analyst) exams. She is therefore particularly proficient in advising on disputes involving complex financial analysis, business valuations, and financial instruments and assisting clients with quantum-related aspects of their dispute.
James Loftis Heads Vinson & Elkins' International Dispute Resolution practice and focuses on the arbitration and litigation of international commercial and investor-state disputes and matters involving international law and treaties. His practice includes all aspects of energy, infrastructure development and construction, and disputes under investment laws and treaties, as well as boundary disputes, cross-border technology disputes and sovereign debt. He is a member of the ICC Commission on Arbitration, is listed in Global Arbitration Review, is listed in Legal Media Group's (Euromoney's) Expert Guide to Commercial Arbitration, and is ranked in international arbitration in Chambers Global, Chambers UK, Chambers USA and Legal 500 UK. He is listed in The Best Lawyers in America® for international arbitration. Since 2009, James has been an adjunct professor at the University of Texas School of Law where he teaches international investment law and investor-state and international commercial arbitration. In 2011, he was appointed as Chair of the Advisory Board for the Global Center for Energy, International Arbitration and Environmental Law at the University of Texas. James maintains offices in London and in Houston, and is admitted in Texas, in the Senior Courts of England and Wales, and in the Dubai International Financial Centre Courts.
Joanne Luu is an Associate at Burnet, Duckworth & Palmer LLP in Calgary. She has a broad commercial litigation practice, specializing in international commercial arbitration and securities litigation. Notable matters include assisting in the representation of a consortium of energy companies in a state royalty dispute and acting as tribunal secretary on an international commercial arbitration seated in London. She was also on the legal team for the successful defence in two high profile insider trading cases. Joanne is a believer that the best part of practice is the continued pursuit of knowledge, and seeks to contribute through the presentation and publication of papers. Prior to joining BD&P, Joanne clerked at the Alberta Court of Appeal. She also worked at the Canadian Department of Foreign Affairs and International Trade in Ottawa, where she assisted with both trade policy and negotiations and the development of market plans for Japan and South Korea.
Bernhard Maier is an Associate at Volterra Fietta. Bernhard advises and represents sovereign States, international organisations and corporate clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including treaty interpretation, sovereign immunity and international trade. He has represented claimant and respondent parties in a number of investment disputes under different institutional rules, including ICSID, UNCITRAL, ICC and AAA and has acted as counsel and advocate in two ICSID annulment proceedings relating to energy infrastructure investments. Bernhard also has experience in commercial litigation and arbitration, including under ICC and AAA rules. He has taught the law of foreign investment at University College London and delivered practical training in public international law to government lawyers of a State in the Middle East. Further professional experience includes working in the international dispute resolution group at the Berlin and New York offices of a global law firm. He was also involved in high-level pipeline negotiations between two Central Asian States at the Energy Directorate of the European Commission in Brussels. Bernhard is a member of the bar of New York.
Gustavo Mata is a member of the international arbitration team at the Caracas office of Norton Rose Fulbright and he is also a member of the firm's corporate practice. Mr. Mata joined Norton Rose Fulbright following his graduation in 2011. Since joining the firm Mr. Mata has devoted a large part of his practice to issues of international investment law and arbitration, having acted as co-counsel to foreign investors in more than a dozen ICSID and ICC proceedings involving Venezuela. Mr. Mata also advises numerous clients in cross-border transactions, mergers and acquisitions and international financing operations.
Jorge Mattamouros is an associate in King & Spalding's Houston office, and a member of the firm's International Arbitration Practice Group. Mr. Mattamouros's practice focuses on representing clients in commercial and investment arbitrations, advising companies and public authorities on matters concerning investment promotion and protection, and acting in judicial proceedings in aid of arbitration. Mr. Mattamouros handles or has handled disputes in Africa, Europe, Latin America, and Asia in relation to the oil and gas, energy, mining, infrastructure, and transportation sectors. Mr. Mattamouros advises regularly on disputes relating to projects in or clients from Lusophone jurisdictions. In addition to his work as counsel, Mr. Mattamouros has served as arbitrator and as mediator, and has co-authored expert opinions. Prior to joining King & Spalding, Mr. Mattamouros was a Lecturer at the Porto University Law School.
Gary McGowan serves as arbitrator and mediator in national and international disputes, often complex, high-stakes matters. Before becoming a neutral, McGowan was a business litigator, most notably as a founding partner of Susman Godfrey in Houston. His credentials include:
Directory of Energy Arbitrators, Institute for Energy Law (Dallas).
Fellow, Chartered Institute of Arbitrators (London).
Roster of Arbitrators, Commercial, Large Case, and Oil & Gas Panels, American Arbitration Association.
Panel of Arbitrators, International Centre for Dispute Resolution (New York).
Fellow, College of Commercial Arbitrators.
Fellow and Board Member, American Academy of Civil Trial Mediators.
Texas Panel of Distinguished Neutrals, International Institute For Conflict
Prevention and Dispute Resolution ("CPR") (New York).
CPR's Energy, Oil and Gas Panel of Distinguished Neutrals.
CPR's Insurance Coverage Panel of Distinguished Neutrals.
20th Edition, The Best Lawyers in America, 2014 Houston Mediation "Lawyer of the Year".
International Who's Who of Commercial Mediation 2013 (London).
Panel of Arbitrators, Hong Kong International Arbitration Centre.
Michael McIwrath is Global Chief Litigation Counsel for GE Oil & Gas and has been based at the company's offices in Florence, Italy since 1999. His team is responsible for dispute resolution around the world, and represents the company in mediation and arbitration proceedings and supervises the conduct of court litigation. Michael is co-author, with John Savage, of International Arbitration and Mediation: A Practical Guide (Kluwer Law International 2010), as well as a contributing editor to the Kluwer Arbitration Blog. He is the host International Dispute Negotiation (http://www.cpradr.org), a podcast featuring interviews with leading professionals from different countries and cutting-edge topics in dispute resolution (and recipient of the CEDR Award for Innovation in ADR). Michael is also a member of the board of directors (and past chairman) of the International Mediation Institute (IMI), a non-profit based in the Netherlands that promotes quality, transparency, and ethics in mediation.
Joaquim Tavares de Paiva Muniz is a Partner in Rio de Janeiro and São Paulo of Trench, Rossi and Watanabe Advogados, associated with Baker & McKenzie. His practice includes arbitration and dispute resolution, mergers and acquisitions, corporate law and mining. Graduated in 1996 from Universidade do Estado do Rio de Janeiro. Master of Laws (LL.M.) at University of Chicago in 1999. Passed the New York Bar exam. Member of the board of directors (conselho seccional) of the Rio de Janeiro Bar (OAB/RJ) and chairman of the Arbitration Commission of OAB/RJ. Member of the Arbitration Commission of the Brazilian Bar. Coordinator of the Graduate Course of Arbitration at the Escola Superior de Advocacia -- SA/RJ. Officer of the Brazilian Center of Mediation and Arbitration (CBMA), the largest arbitration chamber of Rio de Janeiro. Author of the books "Arbitration Law of Brazil - Practice and Procedure"- Juris Publishing, "Arbitragem Doméstica e Internacional" (Domestic and International Arbitration) -- Forense e "Curso de Direito Arbitral" (Arbitration Law Course) -CRV. Member of CIArb. Member of the Dispute Board Foundation.
Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in Gray's Inn, London, specialising in international disputes, notably in energy, infrastructure, natural resources and cross-border investment. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Sophie is trained and has practised in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner's Guide (Juris, 2012). She is a regular speaker at conferences and seminars on issues of international arbitration, international investment law and dispute resolution. She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She has created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, and administered under the auspices of McGill University.
Kevin O'Gorman is a Partner at Fulbright & Jaworski LLP (Norton Rose Fulbright). He represents clients in arbitration and litigation cases involving energy, international, commercial, construction, and investor-state disputes. In addition to his client representation work, he regularly serves as arbitrator in domestic and international cases. Kevin is Co-Chair of the Energy Arbitrators List Review Committee. (http://www.energyarbitratorslist.com) He chaired the Disputes Division and International Arbitration Committee of the American Bar Association's Section of International Law, and served on its Council. He has taught as an Adjunct Professor at the University of Houston Law Center and was an elected member of the Council of the State Bar of Texas Section of International Law. Kevin formerly served as Senior Legal Secretary and Team Leader of the Claims Resolution Tribunal for Dormant Accounts in Zurich, Switzerland, which resolved claims against Swiss banks relating to Holocaust-era dormant accounts. At the CRT, he supervised an international team of lawyers and was a member of the Tribunal's Policy Committee. He is a Life Fellow of the American, Texas and Houston Bar Foundations and serves on the board of the Houston International Arbitration Club. Kevin received a J.D. with honors from the University of Michigan Law School and clerked for U.S. District Judge Howell Cobb of the Eastern District of Texas. He has received the Chair's Special Recognition Award from the ABA Section of International Law, and a Certificate of Appreciation from the U.S. Department of State, among other professional honors. Kevin is a member of the Texas and New York bars and is admitted to the roll of solicitors in England and Wales.
Philippe Pinsolle is the Managing Partner of Quinn Emanuel's Paris office. He has acted as counsel in more than 200 international arbitrations, with a particular focus on investor-state arbitrations and commercial disputes involving the energy, power, oil & gas, construction and defence industries. Philippe has served as arbitrator in more than 40 cases, as well as expert witness on arbitration and French law issues. Chambers Global reports that clients have described him as an "outstanding strategist" with a "great tactical sense" and adds that his "pragmatic approach, great intellect and technical prowess set him apart." Philippe has also been praised as an "oil and gas specialist." According to the GAR 100 Survey "Philippe Pinsolle is by many accounts a leader in his generation in Paris--possibly the leader." In 2014, Philippe Pinsolle was recognized by Best Lawyers as a leading practitioner in Arbitration & Mediation and International Arbitration and was awarded the French Arbitration Counsel of the Year prize at the Benchmark and Expert Guides Global Arbitration Awards. He is a graduate of ESSEC, Paris II Panthéon-Assas, and Oxford University (Hertford College). Philippe is admitted to the Bar of England and Wales as a Barrister and is a member of the Paris Bar.
Michael Polkinghorne is a dual-qualified lawyer, resident in Paris where he heads the White & Case office's arbitration group. He is an acknowledged name in arbitration, notably in the area of energy, and has advised clients on projects in South East Asia, the Middle East, Europe, the CIS and North Africa. Having served as counsel and arbitrator in arbitrations conducted under most major institutional and ad hoc rules, Michael's work concentrates on the areas of foreign direct investment and acting for and against states. He is at present advising buyers in several gas-price arbitrations. Michael is a member of the Legal Advisory Task-force of the European Energy Charter Secretariat which has recently prepared a new edition of their Model Intergovernmental and Host Government Agreements for Cross-Border Pipelines. He is the author of the Paris Energy Series, a series of occasional papers dealing with subjects germane to the energy industry. He has also taught at the Paris Bar School and several business schools. Michael is consistently ranked in the top tier of energy practitioners in Paris. He is listed as a leading lawyer in Who's Who Legal, Oil & Gas and named "Energy Lawyer of the Year" at Euromoney's 2014 Global Commercial Arbitration Awards.
Jennifer L. Price, a Partner in King & Spalding's International Arbitration and Litigation and Energy groups, has represented clients, primarily in the energy and power sectors, for more than 25 years in international arbitration and litigation of a wide range of complex commercial and investment disputes. The majority of her cases involve international oil and gas, power, or petrochemical matters, including disputes involving Host Governments, state-owned energy and power companies, production sharing agreement and JOA disputes, and disputes with promoters and local representatives, in both administered and ad hoc arbitration. She is recognized among the Best Lawyers in America and the International Who's Who of Business Lawyers/Global Arbitration Review in International Arbitration, as well as the World's Leading Experts in Commercial Arbitration and World's Leading Women in Business Law. She is also a member of the panel of arbitrators for the Tribunal Arbitral du Sport/Court of Arbitration for Sport.
Caroline Richard is a Senior Associate in Freshfields' International Arbitration Group based in Washington, DC. She represents corporate clients in several international commercial and investor-state arbitrations, with a focus on energy and natural resources disputes. Caroline successfully represented investors in investment treaty arbitrations against Argentina (including Total and National Grid) and Bolivia (including Rurelec plc) and is currently acting on behalf of investors in several pending ICSID arbitrations against Venezuela. Before moving to Washington D.C., Caroline was part of the International Arbitration Group in Freshfields' London and Paris offices. Prior to joining Freshfields, she was a clerk for Justice Deschamps at the Supreme Court of Canada. Caroline has masters' degrees in international law from both Harvard University and Cambridge University, and has common law and civil law degrees from the Université de Montréal. Caroline is an Adjunct Professor at American University's Washington College of Law, where she co-teaches a course on investment treaty arbitration. She is admitted to the bars of Ontario, Canada, New York and Washington DC. She speaks English, French and Spanish.
David W. Rivkin, Co-chair of Debevoise & Plimpton's International Dispute Resolution Group and a Partner in the New York and London offices, is President of the International Bar Association. He has over 30 years' experience in international arbitration and litigation, a large portion of which has involved energy disputes. Mr. Rivkin also represents companies in transnational litigation in the US, including the enforcement of arbitral awards and arbitration agreements. His recent successes include winning US $2.3 billion on behalf of Occidental Petroleum Company in a BIT arbitration against Ecuador (Global Arbitration Review named this award "The Most Important Published Decision of 2012," and the American Lawyer selected it as 2013 Global Dispute of the Year -- Investment Arbitration) and NAFTA arbitration for ExxonMobil and Murphy Oil against Canada. Mr. Rivkin also won (with Debevoise partner Chris Tahbaz), one of the largest ICC arbitration awards ever, worth approximately US $750 million, in his representation of Hyundai Heavy Industries. Mr. Rivkin is consistently ranked worldwide as a top international dispute resolution practitioner. In 2012, the American Lawyer's Am Law Litigation Daily named him one of two "Global Lawyers of the Year." In 2011, the National Law Journal named him one of the country's "Most Influential Attorneys". He is identified as one of the top fourteen international arbitration practitioners worldwide in Chambers Global (2014). Chambers Latin America (2015) calls him "one of the leaders in the international arbitration movement."
Ann Ryan Robertson, International Partner in the Houston office of the global firm of Locke Lord LLP, serves as an arbitrator and advocate in both international and domestic arbitrations. Well-versed in the intricacies of international arbitration, Ms. Robertson was named to Global Arbitration Review's "Who's Who Legal: Arbitration 2015" after independent research with clients and peers identified her as being among the world's leading commercial arbitrators. In 2014, she was named 2014 Lawyer of the Year, International Arbitration--Governmental (Houston) by The Best Lawyers in America. Ms. Robertson is a member of the U.S. delegation to the NAFTA Advisory Committee on Private Commercial Disputes, a Board Member of the American Arbitration Association, a Trustee of the Chartered Institute of Arbitrators and a past member of the International Chamber of Commerce (ICC) Commission on Arbitration. She is a member of both the American Arbitration Association and the International Centre for Dispute Resolution's panel of neutrals. In addition, for over a decade, Ms. Robertson has coached the University of Houston Law Center's Willem C. Vis International Arbitration Moot team which competes each year in Hong Kong.
Samantha J. Rowe is a member of Debevoise & Plimpton's International Dispute Resolution Group. Ms. Rowe is admitted to the New York Bar and also holds a degree in English law. Her practice focuses on international arbitration and litigation, and public international law, with a particular focus on the mining and energy sectors. She represents private clients and States in arbitrations governed by various substantive laws and conducted under the rules of the ICC, SIAC, LCIA, ICSID and UNCITRAL, and in court proceedings in federal and state courts in the United States, including the United States Supreme Court. Ms. Rowe speaks French and Spanish, and basic Portuguese, and frequently handles contentious matters involving these languages. She sits on the Board of Directors of the New York International Arbitration Center (NYIAC). Ms. Rowe received her B.A. (Hons.) with First Class Honors in English Law and French Law from the University of Oxford, Wadham College, a Certificat Supérieur de Droit Français from the Université de Paris II Panthéon-Assas, and an LL.M. in International Legal Studies from New York University.
Yulia Selivanova is an independent consultant specialized in energy and trade regulatory affairs. She advises governments, companies and intergovernmental organizations on different aspects of energy regulation and trade in energy. From 2005 to 2013 she worked in the Energy Charter Secretariat where she was responsible for trade issues. She advised the organization and its member states on implementation of the trade provisions of the Energy Charter Treaty and implication of WTO agreements for trade in energy. Before joining the Energy Charter, Ms Selivanova worked for four years for an international law firm Baker & McKenzie in Geneva, focusing on international trade and WTO issues. She also was a consultant in the Rules Division of the WTO, where she conducted research on subsidies, anti-dumping and safeguards for the WTO dispute settlement panels. Ms Selivanova's work in Russia -- in an international law firm and international bank in Moscow -- concentrated on legal support of activities of international companies in Russia. Yulia Selivanova graduated from the International Law Faculty of the Moscow Institute of International Relations (MGIMO), with specialization in international trade law. She obtained the Master of International Law and Economics programme in the World Trade Institute in Bern (Switzerland) and in 2006 earned a Doctorate in Law from the University of Bern. Ms Selivanova's Doctorate thesis focused on energy dual pricing under WTO law in context of Russia's accession to the WTO. Ms Selivanova publishes regularly on a range of trade and WTO issues, in particular trade in energy. In 2011 she edited and published a book "Regulation of Energy in International Trade Law: WTO, NAFTA and Energy Charter".
Murray Smith is currently practising from Vancouver, British Columbia Mr. Smith has extensive experience in commercial litigation and arbitration. He has acted as arbitrator in international commercial arbitrations under AAA (ICDR), ICC, BCICAC and UNCITRAL Rules and has served as chairman, as party appointed arbitrator and as sole arbitrator. Mr. Smith's arbitration work has focused on energy and natural resource related disputes including the distribution of oil field production profits, gas supply contracts for power generation facilities, exploration concession agreements, LNG Sales Agreements and the interpretation of commercial contracts generally. Mr. Smith has been involved in international commercial arbitration legal education programs in England, British Columbia, Yukon, the United States and the Caribbean. Over more than 20 years he has served as the course director for international training programs for experienced arbitrators seeking the Fellowship qualification with the Chartered Institute of Arbitrators. He was a founding member and was Chairman of the North American Branch of the Chartered Institute of Arbitrators from 2005 to 2008. He collaborated with Martin Hunter and Allan Redfern in writing the second edition of the leading text "Law and Practice of International Commercial Arbitration".
Mark Stadnyk is an International Arbitration Advisor at Fulbright & Jaworski LLP (Norton Rose Fulbright). He represents clients in international commercial and investor-state arbitration disputes arising out of numerous industries across the world, including energy, mining, and construction. Mark writes and speaks on various international legal matters. He has co-coached the Harvard Law School Vis International Arbitration Moot team since 2011. Mark also teaches arbitrator training courses for the Houston Maritime Arbitrators Association. He is a qualified arbitrator with the Houston Maritime Arbitrators Association. Mark received his law degrees with high distinction from Oxford University (University College) and Harvard Law School. Mark also studied French and European law at the Université de Paris II: Panthéon-Assas. Mark is a member of the New York Bar, and previously worked on international arbitration matters in Paris. In addition to his legal interests, Mark is an enthusiastic violinist who has performed at Carnegie Hall, Vienna's Musikverein, and the Edinburgh Fringe Festival.
Sven-Michael Volkmer is an associate in the arbitration department of White & Case LLP in Paris. His practice covers investment and commercial arbitration with a focus on energy-related disputes. He has represented and advised several major energy companies in gas price reviews under long-term gas supply agreements. He received an LLM in International Legal Studies from New York University, an LLB in English and European Law from Queen Mary College, University of London, and aCertificat Supérieur de Droit Français from Université Paris II., Mr. Volkmer is a member of the New York Bar and the Paris Bar.
George von Mehren is Chair of the International Dispute Resolution Practice Group at Squire Patton Boggs. A gas and LNG price review specialist, he has acted as lead counsel in numerous disputes involving gas and LNG contracts. Mr. von Mehren has also appeared as advocate and counsel in many additional major international arbitrations involving hydrocarbon supply and pricing issues, bilateral investment treaty claims, construction contract and commercial disputes. Mr. von Mehren was educated at the University of Cambridge and Harvard University, and has written regularly on these topics.
"Practioners may well feel that they struggle in vain to make sense of the torrent of reports of current events in international arbitration. There is so much material, so many complex narratives, such a mosaic of norms found in contracts, laws, and treaties. At some point desolation is likely to set in as we understand that we may read every account that comes our way and still not make sense of the whole, and be reduced to exclaiming with Tennyson that we can only despair of 'Mastering the lawless science of our law, That codeless myriad of precedent, That wilderness of single instances.' Being 'up-to-date', no matter how completely, is not the same thing as being able to give insightful advice. What we need, instead, is perspective. Only then can we discern evolving patterns and know whether our apparently 'codeless myriad of precedent' can be revealed to reflect important analytical shifts or developments in effective practice. What we need, from time to time, is a book like this, collecting the insights of prominent practitioners who have taken the time to stop midstream and reflect on the possible implications of the never-ending stream of headlines and war stories."
--Professor Jan Paulsson
"The Guide includes some of the best essays in the field, bound to assist energy arbitration participants in gaining better perspective on what remains at stake and how to fulfill their respective roles in the process. Counsel, experts and arbitrators will want a copy."
--William (Rusty) Park, Professor, Boston University; President, London Court of International Arbitration; General Editor, Arbitration International
"The authors of the Guide treat key issues arising in energy disputes in a balanced and rigorous way, bringing to bear on their analyses what is probably an unprecedented range of experience. It is an essential work for the academic lawyer as much as the practitioner."
--Peter Cameron FRSE FCIArb, Professor and Director, Centre for Energy, Petroleum and Mineral Law and Policy, Dundee, UK; Co-Director, International Centre for Energy Arbitration.
"This is a timely new work by leading experts with extensive experience in the most important recent cases and developments in international energy arbitration. It is a must have for any modern practitioner in the field."
--Henri C. Alvarez Q.C., Fasken Martineau
"Many of the most significant and historically important international arbitration cases came from the oil sector. As a result, oil & gas companies and their legal advisors have become quite sophisticated at managing risk from the inception of their deal through to the point when a dispute arises. All of this is reflected in the quality and breadth of the analysis and insight provided in The Leading Practitioners' Guide to International Oil & Gas Arbitration. Readers will find that The Leading Practitioners' Guide to International Oil & Gas Arbitration is a most useful reference for achieving success in an international oil & gas dispute."
--Tim Martin, Past President, Association of International Petroleum Negotiators (AIPN) and former Vice-Chair of the International Energy Section of the American Bar Association
"This extensive, highly substantive compendium is a virtual "who's who" of experts in the burgeoning arena of oil & gas arbitration, thoughtfully edited by Jim Gaitis. It is a must-have for an international commercial arbitration library."
-- Professor Thomas Stipanowich, Academic Director, Straus Institute for Dispute Resolution, Pepperdine University School of Law
"These chapters by leading practitioners present insightful perspectives on many key issues arising out of international oil and gas arbitration, with a focus on disputes arising from the past decade of market turbulence. The Guide's timely insights are of value to readers, both seasoned and new to the field of oil and gas arbitration."
--Professor Jacqueline Weaver, A. A. White Professor of Law and Interim Director of the Environment, Energy & Natural Resources Center, University of Houston
James M. Gaitis is a long-standing member of the State Bar of Texas and a specialist in complex oil & gas/energy arbitrations. As the former Director of the International Dispute Resolution Programme and a Full-Time and Global Faculty Member at the Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee (CEPMLP), Scotland, during 2006-2008 he taught classes in investor-state arbitration and commercial international arbitration and worked extensively with the late Professor Thomas Wälde, the former UN Inter-regional Advisor on Petroleum and Mineral Legislation and EU Jean-Monnet Chair of International Economic, Natural Resources & Energy Law. In private practice he served variously as in-house counsel, lead outside trial counsel, and special outside counsel for a diverse array of domestic and international companies, individuals, and other entities involved in the oil & gas industry.
Over the past 26 years, Mr. Gaitis has been listed on a broad variety of international and domestic arbitration panels, including the AAA National Energy Panel and Large, Complex Case Panel, the ICDR Panel and International Energy Arbitrators Panel, the British Columbia International Commercial Arbitration Centre, and the CPR's Oil & Gas/Energy Panel and Cross-Border Panel. He frequently serves as chair, party-appointed, and list-appointed arbitrator on tripartite panels in international and domestic arbitrations involving all aspects of the oil & gas industry and is a member of the prestigious Energy Arbitrators List. His arbitrations have involved many of the largest oil companies in the world.
A Fellow and former Director of the College of Commercial Arbitrators and a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, Mr. Gaitis is the author of numerous articles and book chapters relating to international and U.S. arbitration law and practice, several of which have been cited repeatedly to the United States Supreme Court, various U.S. federal district and appellate courts, and other courts, such as the Supreme Courts of Texas and Puerto Rico. He served respectively as an Editor and then repeatedly as the Editor-in-Chief of the first, second, and third editions of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (Juris 2006, 2010, 2013). He is a graduate of the University of Notre Dame (BA, cum laude 1976) and the University of Iowa College of Law (JD 1978), where he served as a Note & Comment Editor on The Iowa Law Review.
ABOUT THE CONTRIBUTORS / AUTHORS
Arif Hyder Ali is the Co-Chair of Weil Gotschal International Arbitration practice, which consists of some 30 partners and associates spread across the firm's 21 offices. Mr. Ali is based in the firm's Washington, DC office. He is consistently rated as one of the world's leading international arbitration and public international lawyers by: Chambers and Partners (USA, Global and Latin America), Global Arbitration Review, Who's Who in American Law, Who's Who in Public International Law, The Legal Media Group's Guide to the World's Experts in Commercial Arbitration, Lawdragon, PLC Which Lawyer?, The International Who's Who of Business Lawyers, Washington Super Lawyers, and The International Who's Who of Commercial Arbitration Lawyers. He has also received several awards for client service and results. For example, in 2011, he received the International Law Office's Client Choice Award for International Arbitration (USA); and in 2011, he was decorated by the King of Bahrain with the Order of Bahrain (II) for his role in representing Bahrain in its territorial and maritime border dispute with Qatar before the International Court of Justice. Mr. Ali has represented parties from the United States and Canada, Central and South America, Europe, the Middle East and North Africa, and across Asia in international commercial and investment arbitrations under many of the major international and regional arbitral regimes (e.g., ICC, ICSID, LCIA, UNCITRAL, ICDR, CRCICA, DIAC). He has also represented parties before inter-governmental tribunals, including the US-Iran Claims Tribunal and the United Nations Compensation Commission.
Nigel Blackaby is Global Co-Head of Freshfields' International Arbitration practice. He has acted as counsel and arbitrator in over 100 ad hoc and institutional arbitrations, both commercial and investor-state under bilateral investment treaties, with a focus on Latin America and energy. These include landmark disputes such as CMS v Argentina, BG Group v Argentina, SGS v Pakistan, Iberdrola v Guatemala, Bureau Veritas v Paraguay, Rurelec v Bolivia, Burlington v Ecuador and Repsol v Argentina. He is currently acting in investor-state arbitrations in the energy and infrastructure sectors involving Argentina, Bolivia, Guatemala, Ecuador and Venezuela. Nigel is a former president of the IBA Subcommittee on Investment Arbitration and an editor since 1995 of Arbitration International. He is co-author of the leading treatise Redfern and Hunter on International Arbitration (5th edition, Oxford, 2009), Guide to ICSID Arbitration (2nd edition, Kluwer, 2010), and International Arbitration in Latin America (Kluwer, 2003). He is an Adjunct Professor of Law at the Washington College of Law, American University in Washington, D.C.
Thomas J. Brewer has served as a sole or panelist arbitrator since 1985 in more than eight hundred arbitrations, involving U.S., European, Latin American and Asian parties, in cases administered by AAA, ICDR, JAMS, ICC, LCIA, SIAC and under the UNCITRAL, CPR, Society of Maritime Arbitrators and American Association of Railroads rules, and in numerous other non-administered cases. He often serves as the chair of three-arbitrator panels. He is a member of the ICDR's International Roster of arbitrators and of its International Energy Arbitrators List, the AAA's Large Complex Case and National Energy Panel of arbitrators, and of the CPR Institute's International/Cross-Border panel of arbitrators and Energy, Oil and Gas panel. He frequently serves as an arbitrator in energy and other international commercial arbitrations. He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators. He writes and speaks frequently on arbitration topics, and has been a contributing author to all three editions of the College of Commercial Arbitrators' Guide to Best Practices in Commercial Arbitration (Juris Net). He is a graduate of Dartmouth College, Oxford University, and of the Harvard Law School. He is based in Seattle, Washington, USA.
John P. Bowman is a Partner with King & Spalding LLP in Houston, where he is engaged in an arbitration and litigation practice representing primarily international oil companies and service companies in a wide range of commercial and investment disputes. He is a frequent writer and speaker on international arbitration and international oil and gas topics. He is currently President of the Association of International Petroleum Negotiators and a member of the governing Council of the Texas State Bar Oil, Gas and Energy Resources Law Section. Increasingly, he is called upon to assist IOCs and international NOCs design, draft, negotiate, and assess stabilization mechanisms in upstream and project agreements with host governments and NOCs. Among his recent professional honors, Chambers Global 2014, Chambers USA 2014, Best Lawyer's in America 2015, and International Who's Who of Commercial Arbitration 2014 rank Mr. Bowman as a leader in International Arbitration. Legal 500 U.S. 2014 identifies him among the elite "leading lawyers" in International Arbitration. Who's Who Legal: Energy 2014, Best Lawyers in America 2014, the Guide to the World's Leading Energy Attorneys (11th ed.), and International Who's Who of Business Lawyers Oil & Gas 2014 recognize Mr. Bowman as one of the world's leading oil and gas lawyers. He was awarded the AIPN Education Award for 2010-2011 and 2011-2012 and its Legacy Award for 2012-2013. Mr. Bowman was Adjunct Professor for International Arbitration at the University of Oklahoma College of Law (2012, 2013, 2014). Mr. Bowman is a member of the Advisory Boards of the Institute for Transnational Arbitration and the Institute for Energy Law. He is a Fellow of the College of Commercial Arbitrators and of The Chartered Institute of Arbitrators. He received his J.D. from the University of Kansas School of Law in 1980, where he was Editor-in-Chief of the Kansas Law Review.
Derrick Carson, a Partner in Locke Lord LLP's Houston office, is Chair of the Firm's Construction Law Practice Group and Deputy Chair of the Firm's Energy Dispute Resolution Practice Group. His practice focuses on global dispute resolution, primarily representing clients in the energy, petrochemical, and construction industries. Derrick has tried cases as lead counsel to juries and judges and served as lead counsel on appeals, including arguing cases before U.S. Courts of Appeal. He is well-versed in international arbitration, having represented clients before a host of international arbitral bodies on issues as diverse as development of oil and gas fields, pipeline and offshore rig construction, alternative energy projects, maritime matters, and other contractual disputes. Derrick is currently serving a three-year term on the Executive Committee for the North American Branch of the Chartered Institute of Arbitrators, where he serves as Vice Chair of Arbitrator Training & Education.
Graham Coop is qualified as a barrister and solicitor in New Zealand and as a solicitor in England and Wales. He advises and represents companies, governments and international organisations on international dispute resolution and public international law, with a particular focus on the energy, natural resources and infrastructure sectors. His work on contentious matters has focused on the Energy Charter Treaty, investment treaties, price revisions under long-term energy sale contracts, and maritime boundary delimitation. He has appeared as counsel, advocate and expert before a wide range of international courts and tribunals, including the International Court of Justice, ICSID, the PCA and the ICC. Before joining Volterra Fietta, Graham served for 7 years as General Counsel to the Energy Charter Secretariat, a Brussels-based international organisation responsible for the Energy Charter Treaty. As General Counsel, Graham participated in intergovernmental negotiations on emergency dispute resolution issues and energy transit. He also led the development of the Model Agreements for Cross-Border Pipeline Projects and for Cross-Border Electricity Projects. Graham's career includes over 15 years in private practice. Prior to taking up his post at the ECT, Graham was an international dispute resolution partner in the energy department of the London office of a major international law firm. He has also worked as in-house counsel at a major European gas company and as head of the energy & natural resources department of the Paris office of a major international firm.
Alexandre de Gramont is a Partner in the International Arbitration Group of Weil, Gotshal & Manges LLP. He has been consistently ranked among the leading international arbitration lawyers in the United States in publications such as Chambers Global, Chambers USA, Benchmark Litigation, The Best Lawyers in America, Washington, DC's Best Lawyers, and The International Who's Who of Commercial Arbitration. Mr. de Gramont has handled a wide variety of energy-related disputes, both in the context of international commercial and investor-state arbitration. In the latter category, he has represented both investors and states in cases arising under bilateral investment treaties, multi-lateral investment treaties (including the Energy Charter Treaty, NAFTA, and CAFTA), investment agreements, and foreign investment laws. Mr. de Gramont received his undergraduate degree from Wesleyan University in 1986 and his law degree from New York University in 1990. His native language is English and he is fluent in French.
Elisabeth Eljuri is Head of Latin America for Norton Rose Fulbright. She is a senior energy practitioner and a member of the international arbitration practice group globally. Elisabeth received her law degree cum laude from UCAB, an LLM from Harvard Law School and is admitted to practice in Venezuela and New York. For years, Who's Who in Oil and Gas has selected Elisabeth as one of the top 10 energy practitioners worldwide, stating that "Eljuri is without question one of the world's leading oil and gas lawyers. . . . Eljuri has provided assistance in high profile disputes and transactions for Fortune 500 energy clients over the course of a fantastic career." Likewise, Chambers Global ranked Elisabeth in Band 1 in Latin America and Star Individual for Venezuela. Also, Who's Who in Commercial Arbitration ranks Elisabeth as a leading arbitration lawyer. Elisabeth frequently acts as co-counsel in international arbitrations, including ICC and ICSID cases. She has also been retained as independent expert in several international arbitrations or proceedings and spoken/published extensively in the area of natural resource disputes. Elisabeth was President worldwide of the AIPN, based in Texas. Elisabeth is also Chair of the Americas Initiative of the Institute for Transnational Arbitration (ITA).
Francesca Fraser is an associate in the London office of Norton Rose Fulbright and a member of the firm's International Dispute Resolution practice group. Her practice to date has focused on international arbitration (including assisting in investor-state matters), with a particular focus on the energy and constructions sectors. In addition to assisting in representing clients in disputes, she is involved in the drafting of arbitration clauses and assisting clients in 'nationality planning', so as to ensure favourable treaty coverage. She is admitted to practice as a solicitor in England and Wales.
Mark W. Friedman is a Partner in Debevoise & Plimpton's International Disputes Resolution Group. Mr. Friedman has represented clients in a wide variety of disputes, including those concerning energy, mining, construction, shareholder relationships, joint ventures, telecommunications, and investments. He has acted as counsel or arbitrator in disputes under the rules of the LCIA, ICC, AAA, ICDR, CPR, UNCITRAL and ICSID. Mr. Friedman has been ranked as a leading individual by Chambers Global, Chambers UK, Chambers USA, The International Who's Who of Commercial Arbitration, The International Who's Who of Commercial Litigation, PLC Which Lawyer? Yearbook, Legal Experts, and as one of the inaugural 45 stars under 45 by the Global Arbitration Review. Among other positions, he is a member of the Court of the London Court of International Arbitration, a member of the editorial board of Dispute Resolution International, and past Co-Chair of the International Bar Association's Arbitration Committee, and corapporteur of the International Law Association's Commercial Arbitration Committee. Mr. Friedman received his B.A. summa cum laude from the University of Massachusetts in 1988 and his J.D. from Yale Law School in 1991.
David R. Haigh, Q.C. is a Senior Partner with the Calgary law firm of Burnet Duckworth & Palmer LLP where he has practiced as a commercial litigation counsel in the Canadian courts and as an advocate and arbitrator in the field of international commercial arbitration. He has served as an arbitrator on numerous international commercial arbitration and investor-state panels. He has, in addition, acted as counsel on a wide variety of arbitration matters, including ad hoc, institutional, private and investor-state disputes. David served as the national chairman of the Canadian ICC Committee for 6 years and as a director of the American Arbitration Association ("AAA") for 12 years. David has been a Fellow of the Chartered Institute of Arbitrators for many years and is now a Chartered Arbitrator. He is also a Fellow of the American College of Trial Lawyers and a Founding Member of the Western Canada Commercial Arbitration Society. David has been recognized as a panelist on the Energy Arbitrators List published by the ICDR. David is also a panelist with numerous well recognized international arbitration centres and has conducted arbitrations in recent years among a large variety of nationals and state entities. David has represented both claimants and states in various investor state matters. David's extensive experience as a leading Canadian litigation counsel has prepared him for a widely based arbitration practice. He has actively participated in disputes involving, among other things: (1) oil and gas, energy related disputes including exploration, production, marketing, storage and pricing disputes and (2) numerous other contractual and corporate/commercial disputes including such subject matters as coal and potash mining, pharmaceuticals, telecommunications and intellectual property. David is frequently referred to in publications as a leading practitioner in this field.
Grant Hanessian is Global Co-Chair of Baker & McKenzie's International Arbitration Practice Group. He has extensive experience as counsel and arbitrator in disputes concerning energy, investment treaty, construction, commodities and other matters. Mr. Hanessian is Vice Chairman of the Arbitration & ADR Committee of the United States Council for International Business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), and is a member the ICC Commission on Arbitration, the ICC Task Force on International Arbitration with States and State Entities, AAA-ICDR International Advisory Committee and its Subcommittee on Revision of the ICDR Rules and the ICDR Advisory Committee on Brazil, New York State Bar Association Task Force on International Arbitration, International Arbitration Club of New York, and Club Español del Arbitraje, and a founding board member of the New York International Arbitration Center. Mr. Hanessian is editor of ICDR Awards and Commentaries (Juris Pub. 2012) and co-editor of Comparison of International Arbitration Rules (American Bar Association Section of International Law, forthcoming 2015), International Arbitration Checklists (Juris Pub., 2nd ed., 2009), Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's International Litigation & Arbitration Newsletter. Mr. Hanessian is recommended by Chambers Global and USA Guides (described as "very experienced, hugely knowledgeable and effective"), Legal 500 (described as "a great practitioner" with a "strong commercial profile"), PLC Which Lawyer, The International Who's Who of Commercial Arbitration and Expert Guide to Leading Practitioners in International Arbitration.
David Harrell is a Partner in Locke Lord LLP's Houston office and serves as Chair of the Firm's International Arbitration Practice Group, Chair of the Firm's Business Litigation and Dispute Resolution Practice Group, and is a member of the Firm's Board of Directors. David has resolved a broad array of domestic and international commercial disputes in the energy, construction, technology, and financial services sectors, including contract disputes, untangling fiduciary and business disagreements, addressing trade secret misappropriation and unfair competition claims and prosecution and defense of fraud claims. His representation of clients across five continents has involved disputes before a variety of arbitral institutions, as well as ad hoc arbitrations. Named a "Super Lawyer" in Business Litigation by Law & Politics each year since 2012, he is a Fellow of the Chartered Institute of Arbitrators, a past Chair of the Chartered Institute's Texas Chapter, and a former Chair of the State Bar of Texas Business Law Section. He also serves as a Tutor for the Chartered Institute's North American Branch.
Ben Holland is a Partner in the International Dispute Resolution Practice Group at Squire Patton Boggs. He focuses on multi-jurisdictional, large scale dispute resolution for energy sector clients around the world. His practice also focusses on disputes arising out of fluctuations in the price of crude oil and the consequential impact on the price of natural gas, LNG, coal and other commodities. Mr. Holland was educated at the University of Oxford.
Professor Doug Jones AO has graduated from the University of Queensland with a combined Bachelor of Arts and Laws degree in 1974, followed by a Master of Laws in 1977. Professor Jones has held appointments to professional bodies including: Past President of the Australian Centre for International Commercial Arbitration (2008-2014) and Fellow, Chartered Arbitrator, and Past President of the Chartered Institute of Arbitrators, London (2011). He holds professorial appointments at the Queen Mary University of London and University of Melbourne.
Gordon E. Kaiser is an independent arbitrator and mediator in disputes involving energy contracts and energy projects including construction, project finance, environment, interconnection and regulatory issues. He served as Vice Chairman of the Ontario Energy Board for six years. He has appeared before Courts and Regulators in six provinces as well as the Federal Court of Canada and the Supreme Court of Canada. As Regulator and Arbitrator he has written over 100 decisions in domestic and international energy disputes. Gordon has served as a sole Arbitrator, Chairman and Party Nominee in arbitrations on power purchase agreements, gas supply contracts, project finance, the construction of transmission lines and the interconnection of solar and wind generation. Gordon is a panel member at the London Court of International Arbitration, Energy Arbitration Chambers in Calgary, the Canadian Transportation Agency in Ottawa, the Chartered Institute of Arbitrators, London England, the JAMS Global Engineering and Construction panel in Washington, DC and the Independent Electricity System Operator in Ontario. He has served as an Adjunct Professor at Queens University, the University of Toronto and the Osgoode Hall Law School. He is a Board Member at the Energy Bar Association, Washington, DC, Co-Chair of the Canadian Energy Law Forum and a Managing Editor of the Energy Regulation Quarterly.
Sophie Lamb is a Partner at Debevoise & Plimpton and Co-Chair of the firm's global energy disputes group. A recognized leader in the field of international arbitration and public international law, Ms. Lamb has acted as adviser and/or advocate in more than one hundred international arbitrations in proceedings involving investment agreements, long term supply relationships, concession agreements, stabilization clauses, tax disputes, price re-openers, gas pipeline and consortium issues, take or pay obligations, hardship/fairness clauses, M&A, JOA, JSBA, joint venture disputes, shareholder agreements, pre-emption rights, share purchase agreements, warranty/indemnity claims and technology licensing rights, among many others. Her diverse international case load has included arbitrations in Europe, Asia and the U.S., many of which have concerned assets or claims valued in excess of $1 billion, subject to a wide variety of applicable law and international treaties. She has also appeared in the UK Supreme Court in addition to sitting as arbitrator in energy disputes, including those involving states and state entities.
Floriane Lavaud is a Member of Debevoise & Plimpton's International Dispute Resolution Group in New York. Her practice focuses on international investment and commercial arbitration and enforcement-related litigation, in particular in the energy and mining sectors. She is admitted to the New York and the Paris Bars, in addition to being a Solicitor in England and Wales. Ms. Lavaud represents clients in arbitrations conducted under the auspices of the main arbitration institutions and in related court proceedings. She has advised clients in a variety of jurisdictions on issues of civil and common law, public international law, treaty and contract interpretation, and maritime boundary. Her expertise also includes the assessment of damages and the enforcement of arbitration awards. Prior to joining Debevoise in 2007, Ms. Lavaud worked at Total, the leading French oil and gas company, as a member of its Exploration & Production legal division. From 2009 to 2011, she clerked for the Honorable Douglas P. Woodlock of the United States District Court in Boston. Ms. Lavaud received an LL.M. degree from the University of Pennsylvania Law School in 2007 and an M.A. in Litigation and Arbitration from the University of Paris II Panthéon-Assas with honors in 2005. She is a native French speaker, is proficient in Spanish and speaks basic Dutch.
Aimee-Jane Lee is an International Counsel at Debevoise & Plimpton. Her practice focuses on investment treaty and complex commercial arbitration and public international law and she is a senior figure in Debevoise's energy disputes group. Ms. Lee has advised private clients and states across multiple jurisdictions (most notably in Asia, Africa, Latin America and Eastern Europe) and a number of industries, with particular expertise in energy. Inter alia, she frequently advises on the international protection of investments (notably under bilateral investment treaties, the Energy Charter Treaty and investor-state contracts) and represents clients in associated disputes, often involving multi-billion dollar claims. In addition to her legal experience, Ms. Lee has passed all three levels of the CFA (Chartered Financial Analyst) exams. She is therefore particularly proficient in advising on disputes involving complex financial analysis, business valuations, and financial instruments and assisting clients with quantum-related aspects of their dispute.
James Loftis Heads Vinson & Elkins' International Dispute Resolution practice and focuses on the arbitration and litigation of international commercial and investor-state disputes and matters involving international law and treaties. His practice includes all aspects of energy, infrastructure development and construction, and disputes under investment laws and treaties, as well as boundary disputes, cross-border technology disputes and sovereign debt. He is a member of the ICC Commission on Arbitration, is listed in Global Arbitration Review, is listed in Legal Media Group's (Euromoney's) Expert Guide to Commercial Arbitration, and is ranked in international arbitration in Chambers Global, Chambers UK, Chambers USA and Legal 500 UK. He is listed in The Best Lawyers in America® for international arbitration. Since 2009, James has been an adjunct professor at the University of Texas School of Law where he teaches international investment law and investor-state and international commercial arbitration. In 2011, he was appointed as Chair of the Advisory Board for the Global Center for Energy, International Arbitration and Environmental Law at the University of Texas. James maintains offices in London and in Houston, and is admitted in Texas, in the Senior Courts of England and Wales, and in the Dubai International Financial Centre Courts.
Joanne Luu is an Associate at Burnet, Duckworth & Palmer LLP in Calgary. She has a broad commercial litigation practice, specializing in international commercial arbitration and securities litigation. Notable matters include assisting in the representation of a consortium of energy companies in a state royalty dispute and acting as tribunal secretary on an international commercial arbitration seated in London. She was also on the legal team for the successful defence in two high profile insider trading cases. Joanne is a believer that the best part of practice is the continued pursuit of knowledge, and seeks to contribute through the presentation and publication of papers. Prior to joining BD&P, Joanne clerked at the Alberta Court of Appeal. She also worked at the Canadian Department of Foreign Affairs and International Trade in Ottawa, where she assisted with both trade policy and negotiations and the development of market plans for Japan and South Korea.
Bernhard Maier is an Associate at Volterra Fietta. Bernhard advises and represents sovereign States, international organisations and corporate clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including treaty interpretation, sovereign immunity and international trade. He has represented claimant and respondent parties in a number of investment disputes under different institutional rules, including ICSID, UNCITRAL, ICC and AAA and has acted as counsel and advocate in two ICSID annulment proceedings relating to energy infrastructure investments. Bernhard also has experience in commercial litigation and arbitration, including under ICC and AAA rules. He has taught the law of foreign investment at University College London and delivered practical training in public international law to government lawyers of a State in the Middle East. Further professional experience includes working in the international dispute resolution group at the Berlin and New York offices of a global law firm. He was also involved in high-level pipeline negotiations between two Central Asian States at the Energy Directorate of the European Commission in Brussels. Bernhard is a member of the bar of New York.
Gustavo Mata is a member of the international arbitration team at the Caracas office of Norton Rose Fulbright and he is also a member of the firm's corporate practice. Mr. Mata joined Norton Rose Fulbright following his graduation in 2011. Since joining the firm Mr. Mata has devoted a large part of his practice to issues of international investment law and arbitration, having acted as co-counsel to foreign investors in more than a dozen ICSID and ICC proceedings involving Venezuela. Mr. Mata also advises numerous clients in cross-border transactions, mergers and acquisitions and international financing operations.
Jorge Mattamouros is an associate in King & Spalding's Houston office, and a member of the firm's International Arbitration Practice Group. Mr. Mattamouros's practice focuses on representing clients in commercial and investment arbitrations, advising companies and public authorities on matters concerning investment promotion and protection, and acting in judicial proceedings in aid of arbitration. Mr. Mattamouros handles or has handled disputes in Africa, Europe, Latin America, and Asia in relation to the oil and gas, energy, mining, infrastructure, and transportation sectors. Mr. Mattamouros advises regularly on disputes relating to projects in or clients from Lusophone jurisdictions. In addition to his work as counsel, Mr. Mattamouros has served as arbitrator and as mediator, and has co-authored expert opinions. Prior to joining King & Spalding, Mr. Mattamouros was a Lecturer at the Porto University Law School.
Gary McGowan serves as arbitrator and mediator in national and international disputes, often complex, high-stakes matters. Before becoming a neutral, McGowan was a business litigator, most notably as a founding partner of Susman Godfrey in Houston. His credentials include:
Directory of Energy Arbitrators, Institute for Energy Law (Dallas).
Fellow, Chartered Institute of Arbitrators (London).
Roster of Arbitrators, Commercial, Large Case, and Oil & Gas Panels, American Arbitration Association.
Panel of Arbitrators, International Centre for Dispute Resolution (New York).
Fellow, College of Commercial Arbitrators.
Fellow and Board Member, American Academy of Civil Trial Mediators.
Texas Panel of Distinguished Neutrals, International Institute For Conflict
Prevention and Dispute Resolution ("CPR") (New York).
CPR's Energy, Oil and Gas Panel of Distinguished Neutrals.
CPR's Insurance Coverage Panel of Distinguished Neutrals.
20th Edition, The Best Lawyers in America, 2014 Houston Mediation "Lawyer of the Year".
International Who's Who of Commercial Mediation 2013 (London).
Panel of Arbitrators, Hong Kong International Arbitration Centre.
Michael McIwrath is Global Chief Litigation Counsel for GE Oil & Gas and has been based at the company's offices in Florence, Italy since 1999. His team is responsible for dispute resolution around the world, and represents the company in mediation and arbitration proceedings and supervises the conduct of court litigation. Michael is co-author, with John Savage, of International Arbitration and Mediation: A Practical Guide (Kluwer Law International 2010), as well as a contributing editor to the Kluwer Arbitration Blog. He is the host International Dispute Negotiation (http://www.cpradr.org), a podcast featuring interviews with leading professionals from different countries and cutting-edge topics in dispute resolution (and recipient of the CEDR Award for Innovation in ADR). Michael is also a member of the board of directors (and past chairman) of the International Mediation Institute (IMI), a non-profit based in the Netherlands that promotes quality, transparency, and ethics in mediation.
Joaquim Tavares de Paiva Muniz is a Partner in Rio de Janeiro and São Paulo of Trench, Rossi and Watanabe Advogados, associated with Baker & McKenzie. His practice includes arbitration and dispute resolution, mergers and acquisitions, corporate law and mining. Graduated in 1996 from Universidade do Estado do Rio de Janeiro. Master of Laws (LL.M.) at University of Chicago in 1999. Passed the New York Bar exam. Member of the board of directors (conselho seccional) of the Rio de Janeiro Bar (OAB/RJ) and chairman of the Arbitration Commission of OAB/RJ. Member of the Arbitration Commission of the Brazilian Bar. Coordinator of the Graduate Course of Arbitration at the Escola Superior de Advocacia -- SA/RJ. Officer of the Brazilian Center of Mediation and Arbitration (CBMA), the largest arbitration chamber of Rio de Janeiro. Author of the books "Arbitration Law of Brazil - Practice and Procedure"- Juris Publishing, "Arbitragem Doméstica e Internacional" (Domestic and International Arbitration) -- Forense e "Curso de Direito Arbitral" (Arbitration Law Course) -CRV. Member of CIArb. Member of the Dispute Board Foundation.
Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in Gray's Inn, London, specialising in international disputes, notably in energy, infrastructure, natural resources and cross-border investment. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Sophie is trained and has practised in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner's Guide (Juris, 2012). She is a regular speaker at conferences and seminars on issues of international arbitration, international investment law and dispute resolution. She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She has created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, and administered under the auspices of McGill University.
Kevin O'Gorman is a Partner at Fulbright & Jaworski LLP (Norton Rose Fulbright). He represents clients in arbitration and litigation cases involving energy, international, commercial, construction, and investor-state disputes. In addition to his client representation work, he regularly serves as arbitrator in domestic and international cases. Kevin is Co-Chair of the Energy Arbitrators List Review Committee. (http://www.energyarbitratorslist.com) He chaired the Disputes Division and International Arbitration Committee of the American Bar Association's Section of International Law, and served on its Council. He has taught as an Adjunct Professor at the University of Houston Law Center and was an elected member of the Council of the State Bar of Texas Section of International Law. Kevin formerly served as Senior Legal Secretary and Team Leader of the Claims Resolution Tribunal for Dormant Accounts in Zurich, Switzerland, which resolved claims against Swiss banks relating to Holocaust-era dormant accounts. At the CRT, he supervised an international team of lawyers and was a member of the Tribunal's Policy Committee. He is a Life Fellow of the American, Texas and Houston Bar Foundations and serves on the board of the Houston International Arbitration Club. Kevin received a J.D. with honors from the University of Michigan Law School and clerked for U.S. District Judge Howell Cobb of the Eastern District of Texas. He has received the Chair's Special Recognition Award from the ABA Section of International Law, and a Certificate of Appreciation from the U.S. Department of State, among other professional honors. Kevin is a member of the Texas and New York bars and is admitted to the roll of solicitors in England and Wales.
Philippe Pinsolle is the Managing Partner of Quinn Emanuel's Paris office. He has acted as counsel in more than 200 international arbitrations, with a particular focus on investor-state arbitrations and commercial disputes involving the energy, power, oil & gas, construction and defence industries. Philippe has served as arbitrator in more than 40 cases, as well as expert witness on arbitration and French law issues. Chambers Global reports that clients have described him as an "outstanding strategist" with a "great tactical sense" and adds that his "pragmatic approach, great intellect and technical prowess set him apart." Philippe has also been praised as an "oil and gas specialist." According to the GAR 100 Survey "Philippe Pinsolle is by many accounts a leader in his generation in Paris--possibly the leader." In 2014, Philippe Pinsolle was recognized by Best Lawyers as a leading practitioner in Arbitration & Mediation and International Arbitration and was awarded the French Arbitration Counsel of the Year prize at the Benchmark and Expert Guides Global Arbitration Awards. He is a graduate of ESSEC, Paris II Panthéon-Assas, and Oxford University (Hertford College). Philippe is admitted to the Bar of England and Wales as a Barrister and is a member of the Paris Bar.
Michael Polkinghorne is a dual-qualified lawyer, resident in Paris where he heads the White & Case office's arbitration group. He is an acknowledged name in arbitration, notably in the area of energy, and has advised clients on projects in South East Asia, the Middle East, Europe, the CIS and North Africa. Having served as counsel and arbitrator in arbitrations conducted under most major institutional and ad hoc rules, Michael's work concentrates on the areas of foreign direct investment and acting for and against states. He is at present advising buyers in several gas-price arbitrations. Michael is a member of the Legal Advisory Task-force of the European Energy Charter Secretariat which has recently prepared a new edition of their Model Intergovernmental and Host Government Agreements for Cross-Border Pipelines. He is the author of the Paris Energy Series, a series of occasional papers dealing with subjects germane to the energy industry. He has also taught at the Paris Bar School and several business schools. Michael is consistently ranked in the top tier of energy practitioners in Paris. He is listed as a leading lawyer in Who's Who Legal, Oil & Gas and named "Energy Lawyer of the Year" at Euromoney's 2014 Global Commercial Arbitration Awards.
Jennifer L. Price, a Partner in King & Spalding's International Arbitration and Litigation and Energy groups, has represented clients, primarily in the energy and power sectors, for more than 25 years in international arbitration and litigation of a wide range of complex commercial and investment disputes. The majority of her cases involve international oil and gas, power, or petrochemical matters, including disputes involving Host Governments, state-owned energy and power companies, production sharing agreement and JOA disputes, and disputes with promoters and local representatives, in both administered and ad hoc arbitration. She is recognized among the Best Lawyers in America and the International Who's Who of Business Lawyers/Global Arbitration Review in International Arbitration, as well as the World's Leading Experts in Commercial Arbitration and World's Leading Women in Business Law. She is also a member of the panel of arbitrators for the Tribunal Arbitral du Sport/Court of Arbitration for Sport.
Caroline Richard is a Senior Associate in Freshfields' International Arbitration Group based in Washington, DC. She represents corporate clients in several international commercial and investor-state arbitrations, with a focus on energy and natural resources disputes. Caroline successfully represented investors in investment treaty arbitrations against Argentina (including Total and National Grid) and Bolivia (including Rurelec plc) and is currently acting on behalf of investors in several pending ICSID arbitrations against Venezuela. Before moving to Washington D.C., Caroline was part of the International Arbitration Group in Freshfields' London and Paris offices. Prior to joining Freshfields, she was a clerk for Justice Deschamps at the Supreme Court of Canada. Caroline has masters' degrees in international law from both Harvard University and Cambridge University, and has common law and civil law degrees from the Université de Montréal. Caroline is an Adjunct Professor at American University's Washington College of Law, where she co-teaches a course on investment treaty arbitration. She is admitted to the bars of Ontario, Canada, New York and Washington DC. She speaks English, French and Spanish.
David W. Rivkin, Co-chair of Debevoise & Plimpton's International Dispute Resolution Group and a Partner in the New York and London offices, is President of the International Bar Association. He has over 30 years' experience in international arbitration and litigation, a large portion of which has involved energy disputes. Mr. Rivkin also represents companies in transnational litigation in the US, including the enforcement of arbitral awards and arbitration agreements. His recent successes include winning US $2.3 billion on behalf of Occidental Petroleum Company in a BIT arbitration against Ecuador (Global Arbitration Review named this award "The Most Important Published Decision of 2012," and the American Lawyer selected it as 2013 Global Dispute of the Year -- Investment Arbitration) and NAFTA arbitration for ExxonMobil and Murphy Oil against Canada. Mr. Rivkin also won (with Debevoise partner Chris Tahbaz), one of the largest ICC arbitration awards ever, worth approximately US $750 million, in his representation of Hyundai Heavy Industries. Mr. Rivkin is consistently ranked worldwide as a top international dispute resolution practitioner. In 2012, the American Lawyer's Am Law Litigation Daily named him one of two "Global Lawyers of the Year." In 2011, the National Law Journal named him one of the country's "Most Influential Attorneys". He is identified as one of the top fourteen international arbitration practitioners worldwide in Chambers Global (2014). Chambers Latin America (2015) calls him "one of the leaders in the international arbitration movement."
Ann Ryan Robertson, International Partner in the Houston office of the global firm of Locke Lord LLP, serves as an arbitrator and advocate in both international and domestic arbitrations. Well-versed in the intricacies of international arbitration, Ms. Robertson was named to Global Arbitration Review's "Who's Who Legal: Arbitration 2015" after independent research with clients and peers identified her as being among the world's leading commercial arbitrators. In 2014, she was named 2014 Lawyer of the Year, International Arbitration--Governmental (Houston) by The Best Lawyers in America. Ms. Robertson is a member of the U.S. delegation to the NAFTA Advisory Committee on Private Commercial Disputes, a Board Member of the American Arbitration Association, a Trustee of the Chartered Institute of Arbitrators and a past member of the International Chamber of Commerce (ICC) Commission on Arbitration. She is a member of both the American Arbitration Association and the International Centre for Dispute Resolution's panel of neutrals. In addition, for over a decade, Ms. Robertson has coached the University of Houston Law Center's Willem C. Vis International Arbitration Moot team which competes each year in Hong Kong.
Samantha J. Rowe is a member of Debevoise & Plimpton's International Dispute Resolution Group. Ms. Rowe is admitted to the New York Bar and also holds a degree in English law. Her practice focuses on international arbitration and litigation, and public international law, with a particular focus on the mining and energy sectors. She represents private clients and States in arbitrations governed by various substantive laws and conducted under the rules of the ICC, SIAC, LCIA, ICSID and UNCITRAL, and in court proceedings in federal and state courts in the United States, including the United States Supreme Court. Ms. Rowe speaks French and Spanish, and basic Portuguese, and frequently handles contentious matters involving these languages. She sits on the Board of Directors of the New York International Arbitration Center (NYIAC). Ms. Rowe received her B.A. (Hons.) with First Class Honors in English Law and French Law from the University of Oxford, Wadham College, a Certificat Supérieur de Droit Français from the Université de Paris II Panthéon-Assas, and an LL.M. in International Legal Studies from New York University.
Yulia Selivanova is an independent consultant specialized in energy and trade regulatory affairs. She advises governments, companies and intergovernmental organizations on different aspects of energy regulation and trade in energy. From 2005 to 2013 she worked in the Energy Charter Secretariat where she was responsible for trade issues. She advised the organization and its member states on implementation of the trade provisions of the Energy Charter Treaty and implication of WTO agreements for trade in energy. Before joining the Energy Charter, Ms Selivanova worked for four years for an international law firm Baker & McKenzie in Geneva, focusing on international trade and WTO issues. She also was a consultant in the Rules Division of the WTO, where she conducted research on subsidies, anti-dumping and safeguards for the WTO dispute settlement panels. Ms Selivanova's work in Russia -- in an international law firm and international bank in Moscow -- concentrated on legal support of activities of international companies in Russia. Yulia Selivanova graduated from the International Law Faculty of the Moscow Institute of International Relations (MGIMO), with specialization in international trade law. She obtained the Master of International Law and Economics programme in the World Trade Institute in Bern (Switzerland) and in 2006 earned a Doctorate in Law from the University of Bern. Ms Selivanova's Doctorate thesis focused on energy dual pricing under WTO law in context of Russia's accession to the WTO. Ms Selivanova publishes regularly on a range of trade and WTO issues, in particular trade in energy. In 2011 she edited and published a book "Regulation of Energy in International Trade Law: WTO, NAFTA and Energy Charter".
Murray Smith is currently practising from Vancouver, British Columbia Mr. Smith has extensive experience in commercial litigation and arbitration. He has acted as arbitrator in international commercial arbitrations under AAA (ICDR), ICC, BCICAC and UNCITRAL Rules and has served as chairman, as party appointed arbitrator and as sole arbitrator. Mr. Smith's arbitration work has focused on energy and natural resource related disputes including the distribution of oil field production profits, gas supply contracts for power generation facilities, exploration concession agreements, LNG Sales Agreements and the interpretation of commercial contracts generally. Mr. Smith has been involved in international commercial arbitration legal education programs in England, British Columbia, Yukon, the United States and the Caribbean. Over more than 20 years he has served as the course director for international training programs for experienced arbitrators seeking the Fellowship qualification with the Chartered Institute of Arbitrators. He was a founding member and was Chairman of the North American Branch of the Chartered Institute of Arbitrators from 2005 to 2008. He collaborated with Martin Hunter and Allan Redfern in writing the second edition of the leading text "Law and Practice of International Commercial Arbitration".
Mark Stadnyk is an International Arbitration Advisor at Fulbright & Jaworski LLP (Norton Rose Fulbright). He represents clients in international commercial and investor-state arbitration disputes arising out of numerous industries across the world, including energy, mining, and construction. Mark writes and speaks on various international legal matters. He has co-coached the Harvard Law School Vis International Arbitration Moot team since 2011. Mark also teaches arbitrator training courses for the Houston Maritime Arbitrators Association. He is a qualified arbitrator with the Houston Maritime Arbitrators Association. Mark received his law degrees with high distinction from Oxford University (University College) and Harvard Law School. Mark also studied French and European law at the Université de Paris II: Panthéon-Assas. Mark is a member of the New York Bar, and previously worked on international arbitration matters in Paris. In addition to his legal interests, Mark is an enthusiastic violinist who has performed at Carnegie Hall, Vienna's Musikverein, and the Edinburgh Fringe Festival.
Sven-Michael Volkmer is an associate in the arbitration department of White & Case LLP in Paris. His practice covers investment and commercial arbitration with a focus on energy-related disputes. He has represented and advised several major energy companies in gas price reviews under long-term gas supply agreements. He received an LLM in International Legal Studies from New York University, an LLB in English and European Law from Queen Mary College, University of London, and aCertificat Supérieur de Droit Français from Université Paris II., Mr. Volkmer is a member of the New York Bar and the Paris Bar.
George von Mehren is Chair of the International Dispute Resolution Practice Group at Squire Patton Boggs. A gas and LNG price review specialist, he has acted as lead counsel in numerous disputes involving gas and LNG contracts. Mr. von Mehren has also appeared as advocate and counsel in many additional major international arbitrations involving hydrocarbon supply and pricing issues, bilateral investment treaty claims, construction contract and commercial disputes. Mr. von Mehren was educated at the University of Cambridge and Harvard University, and has written regularly on these topics.
"Practioners may well feel that they struggle in vain to make sense of the torrent of reports of current events in international arbitration. There is so much material, so many complex narratives, such a mosaic of norms found in contracts, laws, and treaties. At some point desolation is likely to set in as we understand that we may read every account that comes our way and still not make sense of the whole, and be reduced to exclaiming with Tennyson that we can only despair of 'Mastering the lawless science of our law, That codeless myriad of precedent, That wilderness of single instances.' Being 'up-to-date', no matter how completely, is not the same thing as being able to give insightful advice. What we need, instead, is perspective. Only then can we discern evolving patterns and know whether our apparently 'codeless myriad of precedent' can be revealed to reflect important analytical shifts or developments in effective practice. What we need, from time to time, is a book like this, collecting the insights of prominent practitioners who have taken the time to stop midstream and reflect on the possible implications of the never-ending stream of headlines and war stories."
--Professor Jan Paulsson
"The Guide includes some of the best essays in the field, bound to assist energy arbitration participants in gaining better perspective on what remains at stake and how to fulfill their respective roles in the process. Counsel, experts and arbitrators will want a copy."
--William (Rusty) Park, Professor, Boston University; President, London Court of International Arbitration; General Editor, Arbitration International
"The authors of the Guide treat key issues arising in energy disputes in a balanced and rigorous way, bringing to bear on their analyses what is probably an unprecedented range of experience. It is an essential work for the academic lawyer as much as the practitioner."
--Peter Cameron FRSE FCIArb, Professor and Director, Centre for Energy, Petroleum and Mineral Law and Policy, Dundee, UK; Co-Director, International Centre for Energy Arbitration.
"This is a timely new work by leading experts with extensive experience in the most important recent cases and developments in international energy arbitration. It is a must have for any modern practitioner in the field."
--Henri C. Alvarez Q.C., Fasken Martineau
"Many of the most significant and historically important international arbitration cases came from the oil sector. As a result, oil & gas companies and their legal advisors have become quite sophisticated at managing risk from the inception of their deal through to the point when a dispute arises. All of this is reflected in the quality and breadth of the analysis and insight provided in The Leading Practitioners' Guide to International Oil & Gas Arbitration. Readers will find that The Leading Practitioners' Guide to International Oil & Gas Arbitration is a most useful reference for achieving success in an international oil & gas dispute."
--Tim Martin, Past President, Association of International Petroleum Negotiators (AIPN) and former Vice-Chair of the International Energy Section of the American Bar Association
"This extensive, highly substantive compendium is a virtual "who's who" of experts in the burgeoning arena of oil & gas arbitration, thoughtfully edited by Jim Gaitis. It is a must-have for an international commercial arbitration library."
-- Professor Thomas Stipanowich, Academic Director, Straus Institute for Dispute Resolution, Pepperdine University School of Law
"These chapters by leading practitioners present insightful perspectives on many key issues arising out of international oil and gas arbitration, with a focus on disputes arising from the past decade of market turbulence. The Guide's timely insights are of value to readers, both seasoned and new to the field of oil and gas arbitration."
--Professor Jacqueline Weaver, A. A. White Professor of Law and Interim Director of the Environment, Energy & Natural Resources Center, University of Houston
PDF of Title Page and T.O.C.
INTRODUCTION
TREATY-BASED ISSUES IN INTERNATIONAL OIL & GAS ARBTRATION
THE ENERGY CHARTER TREATY AND BEYOND
COMMERCIAL ISSUES IN INTERNATIONAL OIL & GAS ARBITRATION
Kevin O’Gorman and Mark Stadnyk