Dispute resolution

Represented a billionaire US investor in an action for breach of fiduciary duty in connection with the proposed US$6.1 billion merger of major US and Japanese listed corporates, with a New York State Superior Court judge ruling that the then-CEO and a majority of the directors had likely violated their fiduciary duties and issuing injunctive relief stopping the deal.

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a leading telecommunications company in an English Commercial Court claim in excess of £709 million involving claims for deceit, misrepresentation and breach of contract and arising out of a £48 million contract for the provision of a state-of-the-art customer management system.

Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of US$600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. Parallel litigation in the Singapore and Thai courts.

Advised a Japanese trading house in respect of US SEC/DOJ and Nigerian EFCC investigations anti-corruption investigations into allegations of bribes in excess of US$180 million paid to the former Nigerian dictator, General Sani Abacha, and other Nigerian officials to secure US$6 billion of work.

International arbitration

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of US$600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. Parallel litigation in the Singapore and Thai courts.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Represented a Japanese construction contractor in relation to joint venture and owner disputes for in excess of US$200 million relating to the EPCC works for the replacement of two power generating unit at a thermal power plant in Asia, with the principle issue being delays and costs caused by welding defects. Disputes referred to ICC and SIAC arbitration seated in Asia.

Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for US$100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

Construction and engineering dispute resolution

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Represented a Japanese construction contractor in relation to joint venture and owner disputes for in excess of US$200 million relating to the EPCC works for the replacement of two power generating unit at a thermal power plant in Asia, with the principle issue being delays and costs caused by welding defects. Disputes referred to ICC and SIAC arbitration seated in Asia.

Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for US$100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

Represented a Japanese construction company in ICC arbitration in London in employer and sub-contractor disputes arising out of the construction of a plant in Algeria. Quantum was in excess of US$25 million, over forty heads of claim and a tribunal including the Hon. Mr Justice Ramsey QC.

More: Construction and engineering dispute resolution

Regulatory compliance

Represented a Japanese trading house in relation to claims of up to US$210 million that concerned the trading of metal at sub-market prices and creation of artificial margin through futures trading. Included Middle Eastern criminal proceedings, Texan civil proceedings and DOJ and SFO investigations.

Advised a Japanese trading house in respect of US SEC/DOJ and Nigerian EFCC investigations anti-corruption investigations into allegations of bribes in excess of US$180 million paid to the former Nigerian dictator, General Sani Abacha, and other Nigerian officials to secure US$6 billion of work.

Represented a global financial institution in investigations in various jurisdictions relating to FX spot trading operations. Included interim and final reports to the Japan Financial Services Agency, interviews with the bank's employees and provision of Japan related strategic guidance and support.

Advised a Japanese ocean shipping company on potential anti-bribery and corruption issues arising from its sponsor participation in a FPSO vessel project with the Brazilian company Petrobras as counterparty. Conducted a commercial and legal risk analysis with the final report to the client’s auditor.

Advised a Japanese EPCI FPSO contractor on a issues including the availability of ICSID claims arising out of the introduction of local regulations in Ghana, sovereign immunity issues arising out of a counter-guarantee, contractual interpretation of a pollution indemnity and the impact of a Ghanaian tax ruling, OFAC issues arising from US Executive Orders and Chapter 11 issues.

Numerous other confidential regulatory matters including sanctions and OFAC advice concerning amongst others Iran, Iraq, Myanmar and Syria, advice on reporting obligations in Hong Kong, Japan and Singapore, securing the release of employees imprisoned in Indonesia, managing the treatment of criminal proceedings before the Attorney General of Thailand, the preparation of risk assessment reports, the design and implementation of compliance programmes and assisting Carlos Ghosn in Japan.

More: Regulatory compliance

Energy and natural resources

Advised Japanese interests on contractual and tortious liability over which the English courts had jurisdiction arising out of the supply to the Kashagan oil project in Kazakhstan following the suspension of production at the project. The suspension was expected to last for two years and cost billions of dollars.

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Represented a leading worldwide provider of oilfield products and services in relation to a US$79 million claim in the English Commercial Court arising out of a contract for the design and supply of a Drilling Instrument Control System and an incident involving a well off Equatorial Guinea.

Represented a leading Middle Eastern construction contractor in a jurisdictional petition to the House of Lords and an English Commercial Court trial for in excess of £50 million in respect of profit from oil production and cost recovery from an interest in the Masila oil field concession in South Yemen.

Offshore

Represented a leading worldwide provider of oilfield products and services in relation to a US$79 million claim in the English Commercial Court arising out of a contract for the design and supply of a Drilling Instrument Control System and an incident involving a well off Equatorial Guinea.

Represented a global protection & indemnity insurer on a US$47.6 million subrogated arbitration claim for breach of contract in relation to an oil spill from a vessel in a Californian port. Litigation was also pursued in California, with a separate negligence action brought against the US lawyers involved.

Advised Japanese interests in relation to their involvement in the Gorgon offshore field development in Western Australia. The relevant contracts concerned supply to the project and provided for reference to institutional arbitration in Perth. The issues that arose impacted the critical path to completion.

Represented a global provider of offshore drilling services in a US$17 million dispute arising out of damage caused to a jack-up oil drilling rig in the Gulf of Mexico during Hurricane Ivan, and involving a jurisdictional dispute and claims in both London arbitration and Texan civil court proceedings.

Represented a global oil and gas company in relation to a Part 8 hearing in the English Commercial Court for a declaration of interpretation in relation to a contract for the provision of seismic data, the performance of which caused damage in excess of US$9.9 million to sub-sea pipelines and installations.

Advised the Korean project operator of the Shwe gas field in Myanmar on issues including a dispute over the volume and specification of natural gas delivered to the Chinese buyer, the disputed termination of a rig management contract; specification issues in relation to the offshore export gas turbines; and the consequences of an explosion in the onshore gas terminal.

Construction and engineering

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Represented a Japanese construction contractor in relation to joint venture and owner disputes for in excess of US$200 million relating to the EPCC works for the replacement of two power generating unit at a thermal power plant in Asia, with the principle issue being delays and costs caused by welding defects. Disputes referred to ICC and SIAC arbitration seated in Asia.

Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for US$100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

Represented a Japanese construction company in ICC arbitration in London in employer and sub-contractor disputes arising out of the construction of a plant in Algeria. Quantum was in excess of US$25 million, over forty heads of claim and a tribunal including the Hon. Mr Justice Ramsey QC.

International trade

Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of US$600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. Parallel litigation in the Singapore and Thai courts.

Advised the Korean project operator of the Shwe gas field in Myanmar on issues including a dispute over the volume and specification of natural gas delivered to the Chinese buyer, the disputed termination of a rig management contract; specification issues in relation to the offshore export gas turbines; and the consequences of an explosion in the onshore gas terminal.

Advised various state and private Asian purchasers of LNG on their contractual rights in relation to price review provisions under long-term LNG SPA contracts concerning offtake from amongst others Australia, Japan, Malaysia, Nigeria, Russia, South Korea, Thailand, the US and Yemen.

Advised a Japanese trading house on a dispute involving non-compliance with specifications in a US$19 million letter of credit that provided for ICC arbitration in Geneva in respect of a purchase of metal from a Brazilian vendor for onward sale to a Hong Kong based purchaser with delivery in China.

Represented a gas trading company against a Sri Lankan company in respect of an LNG term contract containing exclusive English law and London arbitration clauses. Appearing before Mr. Justice Tomlinson in the English Commercial Court to seek assistance in the appointment of a sole arbitrator.

Numerous confidential regulatory matters including sanctions and OFAC advice concerning amongst others Iran, Iraq, Myanmar and Syria, advice on reporting obligations in Hong Kong, Japan and Singapore, securing the release of employees imprisoned in Indonesia, managing the treatment of criminal proceedings before the Attorney General of Thailand, the preparation of risk assessment reports, the design and implementation of compliance programmes and assisting Carlos Ghosn in Japan.

Asia

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of US$1 billion dollars.

Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of US$600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. Parallel litigation in the Singapore and Thai courts.

Represented a Japanese construction contractor in relation to joint venture and owner disputes for in excess of US$200 million relating to the EPCC works for the replacement of two power generating unit at a thermal power plant in Asia, with the principle issue being delays and costs caused by welding defects and referring disputes to ICC and SIAC arbitration seated in Asia.

Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for US$100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

Advised the Korean project operator of the Shwe gas field in Myanmar on issues including a dispute over the volume and specification of natural gas delivered to the Chinese buyer, the disputed termination of a rig management contract; specification issues in relation to the offshore export gas turbines; and the consequences of an explosion in the onshore gas terminal.

Japan

Advised Japanese interests on contractual and tortious liability over which the English courts had jurisdiction arising out of the supply to the Kashagan oil project in Kazakhstan following the suspension of production at the project. The suspension was expected to last for two years and cost billions of dollars.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Represented a Japanese trading house in relation to claims of up to US$210 million that concerned the trading of metal at sub-market prices and creation of artificial margin through futures trading. Included Middle Eastern criminal proceedings, Texan civil proceedings and DOJ and SFO investigations.

Advised a Japanese trading house in respect of US SEC/DOJ and Nigerian EFCC investigations anti-corruption investigations into allegations of bribes in excess of US$180 million paid to the former Nigerian dictator, General Sani Abacha, and other Nigerian officials to secure US$6 billion of work.

Represented a global property investment company in disputes relating to the purchase of a ¥5 billion Tokyo-based asset financed through the issue of ¥4.78 billion bonds. The failure to repay the bonds led to parallel proceedings in the Royal Courts of Guernsey and the Tokyo District Court.

Represented a global financial institution in investigations in various jurisdictions relating to FX spot trading operations. Included interim and final reports to the Japan Financial Services Agency, interviews with the bank's employees and provision of Japan related strategic guidance and support.

Korea

Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AU$1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

Advised the Korean project operator of the Shwe gas field in Myanmar on issues including a dispute over the volume and specification of natural gas delivered to the Chinese buyer, the disputed termination of a rig management contract; specification issues in relation to the offshore export gas turbines; and the consequences of an explosion in the onshore gas terminal.

Advised various state and private Asian purchasers of LNG on their contractual rights in relation to price review provisions under long-term LNG SPA contracts concerning offtake from amongst others Australia, Japan, Malaysia, Nigeria, Russia, South Korea, Thailand, the US and Yemen.

Southeast Asia

Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of US$600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. Parallel litigation in the Singapore and Thai courts.

Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for US$100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

Represented a global financial institution in parallel ICC arbitral and Thai court proceedings involving allegations of negligent banking services and employee fraud. Claims that US$15 million in funds were diverted by various practices. The employee was found dead shortly after the discovery of the fraud.

Represented a gas trading company against a Sri Lankan company in respect of an LNG term contract containing exclusive English law and London arbitration clauses. Involved appearing before Mr. Justice Tomlinson in the English Commercial Court to seek assistance in the appointment of a sole arbitrator.

Represented a Japanese manufacturer of high precise instruments in relation to contracts concerning neurosurgical microscope systems that provided for ICC arbitration in Singapore. Claims included contractual interpretation, intellectual property and competition issues and multiple jurisdictions.

Advised the Korean project operator of the Shwe gas field in Myanmar on issues including a dispute over the volume and specification of natural gas delivered to the Chinese buyer, the disputed termination of a rig management contract; specification issues in relation to the offshore export gas turbines; and the consequences of an explosion in the onshore gas terminal.

Africa/ The Middle East

Advised a Japanese trading house in respect of US SEC/DOJ and Nigerian EFCC investigations anti-corruption investigations into allegations of bribes in excess of US$180 million paid to the former Nigerian dictator, General Sani Abacha, and other Nigerian officials to secure US$6 billion of work.

Represented a leading worldwide provider of oilfield products and services in relation to a US$79 million claim in the English Commercial Court arising out of a contract for the design and supply of a Drilling Instrument Control System and an incident involving a well off Equatorial Guinea.

Represented a leading Middle Eastern construction contractor in a jurisdictional petition to the House of Lords and an English Commercial Court trial for in excess of £50 million in respect of profit from oil production and cost recovery from an interest in the Masila oil field concession in South Yemen.

Represented a leading engineering provider and strategic consultant on a English Royal Court of Justice claim for more than £46 million for breach of contract and negligence in relation to finite element analysis conducted in the design of an engine which catastrophically failed in an African mine.

Advised a Japanese trading house on a US$28 million extension of time and wrongful termination dispute in respect of a construction sub-contract for a plant in the Middle East that provided for ICC arbitration in London. Key issue as to whether the contract was of fixed price and scope.

Represented a Japanese construction company in ICC arbitration in London in employer and sub-contractor disputes arising out of the construction of a plant in Algeria. Quantum was in excess of US$25 million, over forty heads of claim and a tribunal including the Hon. Mr Justice Ramsey QC.

The Americas

Represented a billionaire US investor in an action for breach of fiduciary duty in connection with the proposed US$6.1 billion merger of major US and Japanese listed corporates, with a New York State Superior Court judge ruling that the then-CEO and a majority of the directors had likely violated their fiduciary duties and issuing injunctive relief stopping the deal.

Represented a Japanese construction contractor in relation to claims for in excess of US$230 million relating to issues on a petrochemical facility construction in the US. Texas law governed and disputes submitted to AAA arbitration in Houston. Injunctive relief applications made to the Tokyo courts.

Advised a global protection and indemnity insurer on a US$47.6 million subrogated arbitration claim for breach of contract in relation to an oil spill from a vessel in a Californian port. Litigation was also pursued in California, with a separate negligence action brought against the US lawyers involved.

Represented a global provider of offshore drilling services in a US$17 million dispute arising out of damage caused to a jack-up oil drilling rig in the Gulf of Mexico during Hurricane Ivan, and involving a jurisdictional dispute and claims in both London arbitration and Texan civil court proceedings.

Advised a Japanese trading house on the availability of ICSID proceedings against the Government of Venezuela. Included issues of whether, in the absence of an express ICSID arbitration clause or an applicable BIT, Venezuela had given consent to ICSID through its national investment laws.

Advised a Japanese ocean shipping company on potential anti-bribery and corruption issues arising from its sponsor participation in a FPSO vessel project with the Brazilian company Petrobras as counterparty. Conducted a commercial and legal risk analysis with the final report to the client’s auditor.