Derains & Gharavi has extensive experience in the Energy & Natural resources industry, having been entrusted by many large energy/mining companies with counsel mandates, or appointed as arbitrator in, commercial and investment arbitrations relating to oil and gas exploration and production contracts, oil and gas sales contracts/price revision, construction and operation of power plants and refineries, mining contracts, as well as incentive schemes in the renewable energy sector.
The below non-exhaustive examples demonstrate the Firm’s extensive experience in this sector (For full list see the CVs of Yves Derains and Hamid Gharavi):
- Successfully represented as lead counsel British publicly-listed company, Oxus Gold plc, against the Republic of Uzbekistan in an UNCITRAL arbitration initiated under a bilateral investment treaty in relation to an investment in the mining industry that led to a favorable Award on jurisdiction, liability and damages against Uzbekistan on December 17, 2015 (ad-hoc);
- Successfully represented as lead counsel Spanish energy companies in a USD 3 billion ad-hoc arbitration under the UNCITRAL rules against a Northern African state entity in relation to a 30-year contract for the exploitation and commercialization of liquefied gas (ad-hoc);
- Successfully represented as lead counsel US investors, Caratube International Oil Company LLP and Mr. Devincci Salah Hourani, in an ICSID arbitration against the Republic of Kazakhstan in relation to the expropriation of an oil concession that led to a favorable Award for over 50 million USD against Kazakhstan (ICSID Case No. ARB/13/13);
- Successfully represented as lead counsel two Turkish companies, Aktau Petrol Ticaret and Som Petrol Ticaret, against the Republic of Kazakhstan in an ICSID arbitration initiated under a bilateral investment treaty in relation to an unlawful expropriation of their investments in the oil transshipment industry that led to a favorable Award for 30 million USD, including interest, against Kazakhstan on November 13, 2017 (ICSID Case No. ARB/15/8);
- Successfully represented as lead counsel a Greek company against a Spanish company in an ICC arbitration in relation to the construction of a wind park (ICC Case No. 19655);
- Currently representing as lead counsel Romania in two ICSID arbitrations initiated by investors in relation to investments in renewable energy projects (Aderlyne Limited v. Romania, ICSID Case No. ARB/22/13; EP Wind Project (Rom) Six Ltd. v. Romania, ICSID Case No. ARB/20/15);
- Advising one of the largest Czech energy group in its dispute with a leading French energy group arising out of a fire in a power generating unit while in the course of a share purchase agreement;
- President of the Tribunal in an ICC arbitration between a Mexican company and a Mexican State agency in relation to the production and sale of electricity (ICC case No. 15144/JRF) [Yves Derains];
- President of the Tribunal in an ICC arbitration between a Congolese company as claimant and another Congolese company, a Chinese company and a British Virgin Islands company as respondents for alleged breaches of an agreement for the creation of a company in charge of mining exploration and operation (ICC Case No. 21303/MCP/DDA) [Hamid Gharavi];
- President of the Tribunal in an ICC arbitration between a major Canadian iron production company and two American companies providing mining technologies in relation to the provision of a grinding mill (ICC Case No. 22034/RD/MK) [Yves Derains];
- President of the Tribunal in an ICC arbitration between three Mexican companies as claimants, and two Mexican companies and one Italian company as respondents, in relation to the construction and operation of solar power plants (ICC Case No. No. 25587/ JPA) [Yves Derains];
- President of the Tribunal in an ICC arbitration between a Uruguayan company and a Latin American country in the natural gas sector (ICC Case No. 22753/ASM) [Yves Derains];
- Co-Arbitrator in an ICC arbitration between a French petroleum company and a North-African petroleum company regarding the price revision of gas (ICC Case No. 22168/DDA/GR) [Hamid Gharavi];
- Co-Arbitrator in an ICSID Arbitration between Shell and the Federal Republic of Nigeria for the alleged expropriation of oil fields (ICSID Case No. ARB/07/18) [Hamid Gharavi];
- Co-Arbitrator in an ICC arbitration between a British company and an African State regarding an alleged wrongful termination of a contract in connection with energy development of the State (ICC Case No. 17664/ARP) [Hamid Gharavi];
- Co-Arbitrator in an ICC arbitration between two Middle Eastern oil companies for alleged breach of a contract for the lease and operation of oil rigs (ICC Case No. 17451/ND) [Hamid Gharavi];
- Co-Arbitrator in an UNCITRAL arbitration between two Algerian public entities in the oil and gas sector and a North American petroleum company in relation to an alleged breach of an exploration contract. (Case No. 111956) [Hamid Gharavi]; and
- Co-Arbitrator in an ICC arbitration between a French gas equipment company and an Iranian gas company in relation to the development of an underground gas storage facility. (ICC Case No. 20003/MCP/DDA) [Hamid Gharavi].