39 Essex Chambers has been active in domestic and international Oil and Gas sector for over 25 years giving advice and acting as advocates on both contentious and non-contentious cases. Members have detailed experience in upstream and downstream work.

Their upstream work includes: major deep water oil field disputes covering unitization and determination; block allocation; PSAs; disputes over Joint Operating Agreements – funding; allocation of reserves; JV disputes – Farm In and Out disputes; take or pay/take and pay arrangements; security and force majeure issues together with the associated public and private international law issues and sanctions.

Along with the financial aspects of oil and gas fields, members of Chambers also have extensive knowledge and experience of pipeline, FPSO, rig construction and utilization disputes.

The work members undertake is global spanning Australia to Africa to the Middle East to S America. Members practicing in this area are all well versed in international

OIL & GAS GROUPchambersEssex

arbitration with a long track record in institutional (ICC; LCIA; HKIAC; SIAC; DIAC; ICSID) and ad hoc arbitrations as well as before the English Courts, especially the Commercial Court.

Key Contacts

ALASTAIR DAVIDSONSenior Clerkalastair.davidson@39essex.com Tel: +44 (0)20 7832 1181Mobile: +44 (0)7736 154 109

NIKI MERISONSenior Practice Managerniki.merison@39essex.comTel: +44 (0)20 7634 9011Mobile: +44 (0)7872 178 645

MARK WINROWSenior Practice Managermark.winrow@39essex.comTel: +44 (0)20 7634 9082Mobile: +44 (0)7930 333 993

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COUNSEL

STUART CATCHPOLE qc (Call 1987, Silk 2002)

Stuart has been involved in a wide range of disputes in the oil and gas sector since the early 1990s. The following illustrates the types of oil

and gas-related cases in which Stuart has been involved in the last 15 years:• Acting for the contractor in a dispute arising out

of the construction of a modularised export jetty and ancillary marine structures at a substantial LNG development in Australia.

• In the period from 2016 onwards, acting for three separate major Asian ship yards in disputes relating to the termination of four separate contracts for the construction of a total of seven semi-submersible drilling rigs with counterclaims alleging widespread defective work and culpable delays on the part of the yards.

• Acting for a contractor, Tepe, in relation to substantial claims arising out of the termination of its employment under two separate contracts for the construction of two different sections of a substantial transnational oil pipeline in Turkey by the Employer, Botas in relation to both the original arbitrations and enforcement in different jurisdictions.

• Acting in relation to a number of disputes for different clients arising out of the design and construction of coal or gas power stations most recently for a major Asian client in relation to the design and construction of power stations in the Middle East as well as acting in relation to disputes about major components (principally the turbines) of coalfired steam generation power stations.

• Acting for one of the contractors in a profit/loss sharing agreement in disputes arising out of the design, procurement, fabrication and installation of 3 offshore platforms off the coast of Nigeria.

• Acting on behalf of one of the major commercial claimants in the litigation arising out of the explosion at the Buncefield Terminal.

• Acting in various disputes on behalf of Scandinavian Operators in relation to the construction of FPSOs destined for the Norwegian Continental Shelf including disputes with the specialist designers and suppliers of major subsea equipment.

RICHARD HARWOOD obe qc (Call 1993, Silk 2013)

Richard acts in planning, environmental and public law matters concerning oil and gas. Work includes acting in Planning Court

proceedings, public inquiries and advisory work on energy projects under the Town and Country Planning Act 1990, Planning Act 2008, Electricity Act 1989, Pipe-lines Act 1962 and Gas Act 1968 regimes. Highlights include acting in the first quashing of an Electricity Act consent for a gas power station, resisting threatened judicial review proceedings in an onshore oilfield, advising on hydraulic fracturing), appearing in the only Gas Act 968 inquiry into underground gas storage and current judicial review proceedings on environmental impact assessment and offshore oil exploration. Richard has written the standard planning law textbooks and also practices from the Bar Library, Belfast.

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KARIM GHALY qc (Call 2001, Silk 2017)

Karim represents governments, NOCs, independent oil companies and a range of contractors in upstream, midstream and downstream oil and gas

disputes. He has acted in: JOA and PSA disputes; drilling, pipeline and field construction disputes; rig hire and rig construction disputes; oil refinery and LNG terminal construction disputes. Karim’s experience encompasses litigation and arbitration in Africa, the Caribbean, China, the Middle East, South America and Southeast Asia. He appears before a range of tribunals including the English Courts and arbitral tribunals constituted under the rules of the ICC, LCIA, DIAC, DIFC-LCIA and SCMA. Karim is listed as a leading silk in Energy & Natural Resources by Chambers & Partners and The Legal 500.

ADAM ROBB qc (Call 1995, Silk 2018)

Adam has substantial experience of oil and gas disputes as part of his infrastructure, energy and commercial practices. For example, in the last 12

months, he has represented a world-leading international contractor in a US$500m dispute before the ICC concerning the construction of on-shore oil and gas infrastructure and a major independent in a US$600m rig hire dispute. Adam has substantial experience in the Commercial Court, the TCC, the ICC and the LCIA.

STEPHEN TROMANS qc (Call 1999, Silk 2009)

Stephen is recognised as a leading silk in energy law. He has advised and represented oil and gas companies in these areas since 1990, both as a

leading solicitor and later at the bar. He has acted for many of the major operators, including Shell, BP, ExxonMobil, and for regulators such as Ofgem. Stephen has advised frequently on environmental licensing and permitting issues for onshore and offshore projects, including environmental impact assessment issues. He is the author of the leading textbook on environmental impact assessment. Stephen has often advised on issues of safety, for example COMAH. He was involved in the South Hook LNG terminal project and the proceedings following the accident at Buncefield and has provided advice to numerous operators on issues of decommissioning going back to the Brent Spar for Shell in the 1990s. He has acted in respect of a number of claims for pollution and soil and water contamination resulting from refineries, pipelines and other oil related activities, both in the domestic context and overseas, including the Motto v Trafigura case.

ADRIAN HUGHES qc (Call 1984, Silk 2006)

Adrian acts as Counsel in international arbitration and sits as Arbitrator and Chairman of Dispute Boards for a wide range of energy related disputes

including those arising from the construction and operation of power stations, oil and gas storage platforms, pipelines, and in pricing disputes. Much of his work relates to projects in the Middle East and all parts of Asia. He works in all the major arbitral centres and has a particular focus on cases involving parties from China.

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JONATHAN BELLAMY (Call 1986)

Jonathan has an established litigation, arbitration and advisory practice in infrastructure and energy law. In the oil & gas sector his experience

includes upstream and downstream disputes, pipeline and distribution, construction & engineering projects, joint ventures, construction funding and associated insurance & reinsurance and professional liability issues. In addition to litigation and arbitration experience under most of the usual institution rules, Jonathan is experienced in expert determination references and challenges. He is experienced in dealing with disputes involving complex factual and technical issues and evidence on liability and damages. He is ranked in the UK as a leading barrister in several of his practice areas. He is ranked in the Asia Pacific region as a leading barrister in commercial (tier 1) and construction (tier 1) and in international commercial arbitration and litigation and endorsed as “always having an eye on the commercial goal of the client”. His international experience in the sector includes disputes arising from Indonesia, Russia and CIS. Jonathan is a Fellow of the Chartered Institute of Arbitrators and a practising international Chartered Arbitrator in the sector. He sits as sole and panel arbitrator by institutional appointment (including ICC, DIAC and CIArb) or UNICTRAL/ad hoc.

DAVID BRYNMOR THOMAS qc (Call 2011, Silk 2019)

David is a globally recognised specialist in the conduct of complex, high-value, international commercial litigation and

arbitration. His energy and in particular, oil and gas experience is listed below; Acting for an Indian petrochemical corporation in an arbitration under the UNCITRAL Rules relating to a major oil refinery in India. Acting for an energy major in a shareholders dispute, following delay to an LNG project by a contractor. Advising an energy major in relation to the interpretation and application of limitations and exclusions of liability following delay to an LNG project in North Africa. Acting for an oil corporation in relation to the interpretation and application of a ‘carry’ agreement for investments in infrastructure the UK North Sea, in particular the characterisation of “Capital” and “Operating” expenditure. Advising the charterer of an deep sea drilling ship in relation to allegations, in Russia and in Norway, that the main charter was invalid; acting in relation to efforts by the ship’s sub-charterer to avoid the sub-charter based upon allegations made in relation to the charter, and coordinating separate injunction proceedings in Scotland inrelation to monies received by the ship’s drilling manager but not accounted for by it to the client.

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BEN OLBOURNE (Call 2003)

Ben’s practice is focused on commercial and technical disputes in the oil and gas sector in all parts of the world including the Middle East, Europe, Africa, Australia, South

America and Asia. He regularly acts in ‘upstream’ matters involving disputes over infrastructure, vessel construction, exploration, financing, participation and off-take agreements as well as in ‘downstream’ matters such as distribution agreements, sale and purchase contracts including quality/quantity and price disputes, and shipping/bill of lading related matters. Recent counsel work includes acting for a European party in a US$9.6b dispute over the construction and operation of an on-shore gas plant in West Africa; for an Australian contractor in a gas pipeline tunnelling project also in West Africa; for a Canadian party in an onshore exploration contract in Indonesia; for a Singaporean sub-contractor in respect of the construction of a FPSO; for an African state in an off-take and production agreement in Central Africa;, and for a state in re-pricing under a gas supply contract in Eastern/Central Europe. Ben is listed in the principal directories for his work in the energy and commodities sectors and is also an experienced arbitrator in these areas.

JESS CONNORS (Call 2000)

Jess has represented international oil companies in international arbitration disputes worth between US$100m and US$1bn, arising out of projects in

the North America, South America, the Middle East and West Africa (where her fluent French has been of assistance). Jess has experience of disputes ranging from oil-sharing in a field crossing license areas (equity determination under unitisation agreements), to offshore gas pipeline construction, to force majeure and frustration claims in relation to drilling unit contracts. She also has extensive experience advising and representing clients in relation to Joint Operating Agreement, Production Sharing Contract and Farm-out disputes of various kinds – e.g. transfer of Operatorship, carry arrangements, Operator performance, minimum work obligations, budget approvals, cash calls, accounting procedures including segregation of funds, and back-in disputes. Jess is listed as a leading junior in both Chambers & Partners and The Legal 500.

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MELISSA SHIPLEY (Call 2011)

Melissa has significant experience of oil and gas disputes. In the last year alone, she has acted in or advised on projects in South America, the Middle East

and the Caribbean, in disputes worth up to USD 500 million. Melissa’s recent experience ranges from joint venture disputes to prolongation and disruption claims. She has extensive experience of international arbitration, in particular ICC and SIAC arbitrations.

VICTORIA HUTTON (Call 2011)

Victoria has significant experience in a wide range of technical disputes including those in the oil and gas sector. Her experience includes acting

as sole counsel on behalf of an international oil company. Most recently, Victoria has been advising (as junior counsel to Stephen Tromans Q.C.) in relation to the lawfulness of a hazardous substances consent at a liquid natural gas facility.

PATRICK HENNESSEY (Call 2010)

Patrick has experience in upstream, midstream and downstream oil and gas disputes in both international arbitration and the English courts.

Patrick has acted on behalf of domestic and overseas clients and for employers and contractor’s including: as junior counsel in a high value ICC arbitration concerning offshore gas pipeline construction in the Caribbean; as junior counsel seconded to a leading law firm acting in an international arbitration concerning one of the largest refineries in North Africa; and as sole counsel in the TCC for a civil engineering contractor in respect of UK offshore pipeline works. Patrick has appeared before a range of international arbitral tribunals including the ICC, LCIA, JAMS, DIAC, DIFC-LCIA, SIAC and HKIAC and was commended in Legal Week’s 2017 ‘Stars at the Bar’ and as an ‘Up and Coming’ construction junior by Chambers and Partners in recognition of his growing stature in the construction and infrastructure fields.

SAMAR ABBAS KAZMI (Call 2011)

Samar specialises in construction and commercial disputes, with a particular emphasis on international arbitration (in relation to which he is

regularly ranked in other directories as a leading junior). He has been involved in arbitrations concerning parties in the Middle East, Asia-Pacific and the Caribbean, and has particular expertise in technically complex matters. His recent work in the oil and gas sector includes acting for a National Oil Company in a US$500m ICC arbitration arising out of the construction of an oil refinery, as well as advising on pricing and operational disputes.

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HON. WAYNE MARTIN ac qc (Call 1988, Silk 1993)

Wayne has gained extensive experience in the resolution of disputes in the energy and resources sectors during his career as a

solicitor, junior barrister, senior counsel and as Chief Justice of Western Australia (2006 -18). In the energy sector, examples of the cases in which Wayne was involved as a practitioner include:• A subrogated claim by the insurers of the

owners of an offshore drilling platform which suffered $400m damage (in 1996) during the process of installation (see Woodside v H&R-E&W Pty Ltd and others – [1999] WASCA 1024 – at first instance see (1997) 18 WAR 539).

• A long running arbitration (3 months of hearings) relating to the price of gas provided from the North West Shelf of Western Australia to the State-owned electricity generator under a long term take or pay contract.

• Various disputes relating to access to, and the tariff for transport on the Gas pipeline linking the North West Shelf gas fields to the south of the State (the DBNGP).

As Chief Justice Wayne managed the Arbitration List of the Supreme Court of Western Australia his caseload including:• Another arbitration fixing the price of gas

supplied from the North West shelf to the State-owned electricity generator (Electricity Generation v Woodside [2014] WASC 469).

• A dispute arising from a gas pipeline construction contract (Pipeline Services v Atco Gas [2014] WASC 10).

• A dispute arising from a contract for the construction of a bio-fuel processing plant in Malaysia (KNM Process Systems v Mission Newenergy [2014] WASC 437).

ARBITRATORS

RICHARD WILMOT-SMITH qc (Call 1978, Silk 1994)

Richard has extensive experience over twenty five years as Leading Counsel and arbitrator in the energy field. The types of disputes include:

• Disputes arising from field related and non-field related oil and gas trading contracts.

• The construction and maintenance of oil platforms, de-salters and refineries.

• The operation of contracts in the trading of wholesale electricity.

• Nuclear power plants, their construction and de-commissioning; and the handling and transportation of nuclear waste.

Leading arbitrator in the energy field with extensive experience of arbitration in many jurisdictions and under different rules.

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PETER REES qc (Call 2014, Silk 2009)

Peter is the former Legal Director and Member of the Executive Committee of Royal Dutch Shell plc and has a wealth of experience across the entire oil and

gas spectrum. He has acted as counsel and arbitrator in a wide variety of oil and gas related disputes covering almost every upstream, mid-stream and downstream issue that can arise including JV, JOA, PSC/PSA and Concession disputes, rig hire disputes, pipeline utilisation and tariff disputes, gas price reviews, LNG sales contracts, and pollution and contamination claims. He also has wide experience in construction and engineering disputes arising from the construction of oil and gas facilities including offshore platforms, FPSOs, refineries, pipelines, LNG plants, export terminals and gas storage facilities. Peter is a Vice President of the LCIA Court, a former member of the Governing Body of the ICC Court, a member of the AIPN and a former member of the Editorial Board of the Journal of World Energy Law and Business. Peter has been recommended as a leading expert in commercial and international arbitration, commercial litigation, construction and Energy by various directories including Chambers UK, Chambers Europe, the Euromoney Guides to the World’s Leading Litigation Lawyers and Experts in Commercial Arbitration, UK Legal 500, Legal Experts and Who’s Who Legal.

LINDY PATTERSON qc (Call 2017, Silk 2010)

Lindy has extensive experience as arbitrator, adjudicator and counsel, both international and within the UK in major energy and construction disputes. She has acted as counsel and

arbitrator in oil and gas disputes involving JOA’s ; JVA’s and concession and service agreements as well as downstream in construction and engineering disputes in oil and gas facilities both on and off shore, including FPSO’s; pipelines; and export terminals. She operates in many jurisdictions, both civil and common law, and with a variety of governing laws. She has chaired a number of dispute boards, both ad hoc and standing, across the world and plays an active role in promoting dispute avoidance by these means. She is a Board member of the Dispute Resolution Board Federation (DRBF) and Past President; and on the FIDIC President’s List of International Adjudicators. Lindy is a member of the London Court of International Arbitration; the ICC and is a Member of ICC Commission on Arbitration and ADR. She chairs the domestic Arbitral Appointments Committee of the Scottish Arbitration Centre. She is a Fellow of the Chartered Institute of Arbitrators. She is recognised by Who’s Who Legal UK Bar-Construction Silks; Construction Thought Leaders and UK Legal 500.

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DENYS HICKEY (Call 1975)

Denys is very well known for oil and gas and commodity trading work. Upstream oil and gas work has included advising on FPSO agreements, Supplytime

charters and LNG vessel charters. He has also advised on offshore construction joint ventures, the financing of refinery projects, disputes relating to offshore oil and gas projects, shipbuilding contracts, oilfield redetermination problems and pipeline construction disputes. Denys has also dealt with joint venture and shareholder disputes and with the breakup of offshore oil and gas and construction JV’s.Recent work includes both representing parties and acting as counsel in ad hoc arbitrations and arbitrations under ICC, SIAC, KLRCA, SCMA, LCIA, LME, UNCITRAL and LMAA rules. He also regularly sits as an arbitrator and is a CIArb Accredited Mediator. He is on the Panel of Arbitrators with SIAC, KLRCA, SCMA and LME.

LORETTA MALINTOPPI (Call 1987)

Loretta has extensive experience advising international energy companies and national oil companies on upstream oil and gas matters, including

concession contracts, production sharing and joint operating agreements, service agreements, and the risks associated with petroleum operations carried out in offshore areas where there are competing claims by neighbouring States. Loretta also regularly sits as arbitrator in arbitrations concerning disputes arising out of oil and gas contracts and JV disputes under the rules of a variety of arbitral institutions, in particular ICC, ICSID, LCIA, and SIAC. Loretta is a member of the following institutional panels of arbitrators: ICSID (designated by the Chairman of the Administrative Council in 2017), IDRC, SIAC, HKIAC, KLRCA, CIETAC and KCAB. She is regularly listed by the main Legal Directories for her work in international arbitration and public international law.

STEVEN LIM (Call 1992)

Steven’s experience in oil and gas disputes covers commercial issues and on-shore and offshore construction spanning upstream, midstream

and downstream work in Asia. He has advised and represented parties in international arbitrations on oil and gas disputes including: an UNCITRAL arbitration concerning gas sale and transportation agreements between Indonesia and Singapore, a SIAC arbitration concerning a joint operating agreement in Thailand, an ICC arbitration concerning civil works for a petrochemical plant in Singapore, a SCMA arbitration over the termination of the contract, and delay and extension of time claims for construction of a multipurpose offshore support services vessel, and a SIAC arbitration involving defects in construction of a self-elevating platform. Steven sits as presiding, sole and co-arbitrator in international arbitrations, mainly in Asia, and his work as arbitrator includes sitting as an SIAC emergency arbitrator concerning the construction of LNG facilities in India. Steven also continues to appear as lead counsel in international arbitrations, mainly in Asia related disputes. Steven has been recognised as a leading arbitrator and counsel in international arbitrations in Asia by Chambers and Legal 500 where he has been noted for his work and experience in energy and resources disputes. Prior to practicing as an independent arbitrator and barrister, Steven practiced as a Singapore advocate and solicitor and as an English solicitor advocate in leading Singapore and international firms in Asia.

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39 Essex Chambers is an equal opportunities employer.

39 Essex Chambers LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number 0C360005) with its registered office at 81 Chancery Lane, London WC2A 1DD.

39 Essex Chambers’ members provide legal and advocacy services as independent, self-employed barristers and no entity connected with 39 Essex Chambers provides any legal services. 39 Essex Chambers (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number 7385894) with its registered office at 81 Chancery Lane, London WC2A 1DD.

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