Arbitration Experience

Representative Arbitrations ($5M to $150M in claims)

  • Energy HV infrastructure  equipment conformance and contact termination dispute.   Co-arbitrator DIAC  (DIFC seat)
  • Infrastructure construction dispute (Morocco) over delay responsibilities, contractor claims for indemnification and damages. Sole decision maker in ad hoc procedure managed as an expedited arbitration following ICC nomination as decision maker, hearing and decision rendered in French language.
  • Cross claims prime/sub in submarine HV energy cable interconnector construction project in the South China Sea involving an accident at sea-delay,  delay, damages, back-to-back end user claims. Ad hoc arbitration Singapore.
  • M&A representation and warranty non-disclosure claims. ICC arbitration (Toronto).
  • M&A cross claims re price adjustments and indemnities. ICC arbitration (NY)
  • Cross claims re undersea works telecommunications operator customer/prime contractor in fiber optic submarine construction project (delay, conformance of works, extra costs).  Norway Arbitration Act arbitration (Oslo).
  • Insurance claim for damages paid  by supplier to frigate electrical prime contractor for rework costs.  ICC arbitration (London).
  • Back-to-back arbitrations subcontractor vs. sub-subcontractors relating to cross claims between prime and subcontractor in in NY metro telecom construction project. AAA (New York).
  • Electricity network operator claims for contractor delay in HV submarine construction project. KCAB arbitration (Seoul).
  • Electricity network operator warranty claim for submarine cable damage, contractor claim for repair costs.  KCAB arbitration (Seoul).
  •  Energy transmission operator warranty claim for submarine cable damage, contractor claim for repair costs. AAA (New York).
  • Energy transmission operator claims relating to service interruptions of submarine cable electrical interconnector installed by contractor between two countries. ICC arbitration (London).
Other:

Arbitrator, Vis Moot (Vis International Commercial Arbitration Moot Competition) : 2022, 2023, 2024, 2025.

Representative issues

M&A

Price adjustments:

Closing accounts issues such as cost allocations in sale of a division, exchange rates in multi-country and currency accounts in relation to single currency purchase price, cost to complete accounting, inventory and receivables write downs.

Breach of representations and warranties:

Facts not in scheduled exceptions but purportedly revealed in due diligence (e.g. non-disclosure of contracts at a loss; non-disclosure of customer claims).

Indemnities:

Defenses based on practices continued post-acquisition  and alleged deficiencies in acquirer’s management of indemnified claims.

Earn out clauses:

Managerial autonomy, decisions constrained by new owner and integration, financing of investments.

Construction

Performance delays and extension of time:

Concurrent delays, liquidated damages.

Performance scope:

Deficiencies, variation orders, entitlement.

Performance quality:

Contract termination, default, work stoppage, latent defect, warranty, external causes, fitness for purpose, negligence, fraud.

Contract Interpretation:

Letter of contract vs. intent, contract performance standards vs. industry standards; back-to-back contract scopes.

Damages:

Causation, relevant margin/profit levels, impact of regulated tariffs on lost profits, mitigation.

Insurance:  

Claims, policy exclusion clauses, customary terms.

Equipment Manufacture Supply and Procurement

  • Conformance: Deviations from technical functional specifications,  test specifications, industry norms, accepted practices; significance of impacts thereof (e.g. insulation ability to withstand mechanical stress).
  • Mitigation
  • Liability limitations
  • Warranty
  • Latent defects
  • Causation defenses: external cause, customer directed supplies
  • Equipment interface responsibility
  • Back-to-back contract scopes,  mismatches, flow downs
  • Fitness for purpose
  • Negligence
  • Take or Pay
  • Remedies and Damages: replacement cost, reduced price, rework costs, third party claims, foreign exchange losses, contract hedge losses
  • Measure of damages: level of margins: gross profits, operational profits, contribution margin; Lost revenues, but/for scenarios

Intellectual Property:

  • Patent Licensing disputes