Extracts from ICC Arbitral Awards in Oil and Gas Disputes: Dossier IV of the ICC Institute of World Business Law

Contents

Introduction

History of oil and gas arbitrations in the MENA region

• Role of the MENA region in the oil and gas business
• Types of oil and gas disputes
• ICC oil and gas cases I. State investment disputes II. Company v. company disputes
• 1. Service contracts 2. Sales contracts

Conclusion

About the ICC International Court of Arbitration Bulletin The full Bulletin contains extracts from awards rendered in ICC cases, reports and notes essential to ICC arbitration practitioners, and articles on aspects of arbitration procedure and developments in arbitration law across the world.

Take a look at the related Bulletin 25-2 E-Chapters:

• Extracts From ICC Arbitral Awards In Oil And Gas Disputes
• Droit Et Non-Droit Dans Les Sentences Arbitrales CCI : Une Perspective Historique
• A Review of ICC Expert Services to Mark the Launch of New Rules in 2015

NAYLA COMAIR-OBEID is a Partner of Obeid Law Firm and Professor of Law at the Lebanese University in International Arbitration. She is a Council Member of the ICC Institute and Chartered Arbitrator. She is also Chairman of the Lebanese Branch of the Chartered Institute of Arbitrators.

YVES DERAINS is a founding Partner of Derains & Associés, Paris, a law firm which specializes in international arbitration. A former Secretary General of the ICC International Court of Arbitration, he is also a Council Member of the ICC Institute and a Member of the International Council for Commercial Arbitration.

PAUL-A. GÉLINAS is Member of the Montreal and Paris Bars. He is the former Chairman of the ICC Commission on International Arbitration (1994-2001) and a former member of the International Court of Arbitration (1974-1990). He acts mainly as arbitrator and mediator. He is a Council Member of the ICC Institute.

BERNARD HANOTIAU is a Partner in the law firm Hanotiau & van den Berg, Brussels, admitted to practice in Brussels and Paris, and Professor at the Universities of Louvain and Namur, Belgium. He is Vice-President of the LCIA, CEPANI and the ITA (Dallas). He is also an Associate member of the ICC Institute and a member of the ICC Commission on International Arbitration.

ALEXANDER. S. KOMAROV is Head of the Private Law Department of the Russian Academy of Foreign Trade, Moscow. He is an ICCA Council member and the Vice-President of International Federation of Commercial Arbitration Institutions (IFCAI). He is also a Russian Federation member of the UNIDROIT Administrative Council, Chairman of the Arbitration Commission of ICC Russia, and a Council Member of the ICC Institute.

RICHARD H. KREINDLER is a Partner in the law firm Shearman & Sterling LLP, Frankfurt, admitted to practice in New York and Paris, and an Adjunct Professor at the Universities of Heidelberg, Münster and Mainz, Germany. He is a Council member of the ICC Institute and a Member of the ICC Commission on International Arbitration.

SERGE LAZAREFF is Member of the Paris Bar, Chairman of the ICC Institute and Chairman of the French Arbitration Commission of ICC France. He was formerly General Counsel for International Operations and Vice-President Asia- Pacific of Pechiney, one of them leading French industrial groups.

JAN PAULSSON is the head of the international arbitration and public international law groups of the law firm of Freshfields Bruckhaus Deringer. He is President of the London Court of International Arbitration and of the World Bank Administrative Tribunal, a co-author of the standard treatise, International Chamber of Commerce Arbitration (900 pages, 3rd edition 2000), and a Yorke Distinguished Visiting Fellow of the Faculty of Law of the University of Cambridge. His book Denial of Justice in International Law was published by Cambridge University Press in October. He is also a Council Member of the ICC Institute.

HUGO PEREZCANO DIAZ is General Counsel for Trade Negotiations at Mexico’s Secretariat of the Economy. He is also lead counsel for Mexico in State-State dispute settlement proceedings initiated under the WTO and NAFTA, as well as in disputes brought by investors under the NAFTA and bilateral investment agreements. Mr. Perezcano was formerly part of the Secretariat’s legal team during the NAFTA and Uruguay Round Negotiations and was designated lead counsel for Mexico in trade negotiations with several Latin American countries.

MR. JUSTICE VIVIAN RAMSEY is a High Court Judge in London and regularly sits in the Technology and Construction Court. He was previously Queen’s Counsel and practised as a barrister, arbitrator and mediator and was Head of Keating Chambers in London. He is a Special Professor at the University of Nottingham and editor of Keating on Construction Contracts.

CHRISTOPHER M. RYAN is a Senior Associate in Shearman & Sterling LLP’s litigation group and is admitted to practice in New York and Washington, D.C. Mr Ryan’s practice focuses on international arbitration and commercial litigation. In addition, Mr Ryan is an Adjunct Professor at the University of Virginia School of Law and the George Mason University School of Law, teaching courses on international investment law and dispute resolution.

YASUHEI TANIGUCHI is Of Counsel at Matsuo & Kosugi, Tokyo, since 1998. He has been a Member of the Appellate Body of the WTO since 2000 and was its Chairman from 2004 to 2005; Mr Taniguchi is a Council Member of the ICC Institute of World Business Law and ICCA. He is also Vice- President of the International Association of Procedural Law and President of the Japan Association of Arbitrators. Mr Taniguchi is Professor of Law at Senshu University Law School, Tokyo.

HENRY WEISBURG is a Partner in Shearman & Sterling’s International Arbitration group in New York City. He generally handles matters involving cross-border investment disputes, sovereign defaults, joint-venture disputes, and disputes concerning highly structured financial products.

JACQUES WERNER is Principal of Werner & Associés, Geneva, Switzerland. He is editor of The Journal of World Investment and Trade and Chairman of The Geneva Global Arbitration Forum. He is also Visiting Professor at the Hunan Normal University Law School, Changsha, China.