Richard Power

Full Profile

Richard is a specialist in resolving complex cross-border and domestic disputes through arbitration, litigation, mediation and other forms of ADR.  Richard advises on a wide range of commercial, corporate and financial disputes, as well as climate change risk (including greenwashing claims); judicial reviews and regulatory disputes; investor-state disputes including Energy Charter Treaty claims; and general risk management. He has particular experience in the energy sector and chairs Clyde & Co’s Power & Renewables Focus Group.

As well as extensive litigation experience in the High Court and Court of Appeal, Richard has arbitrated disputes under International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), UNCITRAL and the American Arbitration Association's International Centre for Dispute Resolution (ICDR) rules. Having obtained Higher Rights of Audience (advocacy rights) in the English Courts, Richard often conducts his own advocacy.

Richard has acted for a wide range of clients, from oil & gas/energy companies such as Scottish Power, E.ON and RWE Dea (now Ineos), through banks such as The Royal Bank of Scotland and Lloyds Banking Group, to multi-national corporate entities such as Bidvest Group. Richard has acted for companies from across the globe, including Russia, Greece, Ukraine, South Africa, Israel, and the USA.

Richard Power 'has a depth and breadth of knowledge and experience' in the oil and gas, IT and finance sectors. Legal 500 2021.

'Richard Power has a depth and breadth of knowledge and experience but at the same time is very approachable, making it a pleasure to work with him. I can’t fault him.’ Legal 500, 2021.

Experience

• Acting for a UK-based renewable power supply company in a dispute with a European energy trading company regarding the mechanism for determining the price for power supplied under a long-term Power Purchase Agreement for onshore wind. Ongoing.
• Acting for Speciality Steel UK Ltd, an Interested Party in Tempus Energy's judicial review of the UK Capacity Power Market. The claim challenged the validity of Ofgem's Capacity Market Rules and auction process in light of EU competition law, and threatened the status of the UK energy market.
• Advising a UK power company regarding the interruption of the supply of natural gas from a North Sea field under a depletion gas supply contract. Total claims exceeded £85m, against four global energy companies. The claim raised complex issues of contractual interpretation and the calculation of damages.
• Managing a funded claims portfolio on behalf of a European aviation company, under which the company's contested corporate debt claims globally are pursued on a no recovery, no fee basis. The claims are pursued via LCIA arbitration, in the English Commercial Court or via other courts having jurisdiction around the world. More than 65 claims worth approximately $80m are or have been under management. Ongoing, under a five-year agreement.
• Advising a UK power generation company regarding two claims for force majeure relief by sellers in respect of a long-term gas supply contract. The claims were valued in excess of £53m and raised issues regarding the duties of a "Reasonable & Prudent Operator" to maintain and repair damaged equipment.
• Acting for the owners of a European electricity supply network in a dispute with an independent supply company regarding the ownership and maintenance of existing domestic metering devices and the installation of "smart meters". The dispute raised questions of contractual and competition law, and was resolved by mediation.
• Defending an African state-owned telecommunications company against a claim for breach of contract by an Israeli IT company arising out of the cancellation of a contract to design and build an automated billing system. LCIA arbitration with London seat.
• Advising the UK owner/operator of a biomass-fuelled power station in a contractual dispute with its feedstock suppliers. The dispute was resolved by negotiation
• Acting for a UK power generation company in a follow-on damages claim against members of a cartel relating to price-fixing for high-voltage electricity supply cables.
• Advising the owners of a North Sea oil and gas field in connection with a dispute with the owners and operators of the CATS pipeline regarding the need to blend CATS gas with field gas, and the interruptions to this service due to riser platform maintenance. The dispute was resolved by negotiation.
• Advising a Pakistani oil importation and distribution company in connection with a High Court claim for damages for breach of contract arising out of the rejection of a cargo of blended fuel oil and the cancellation of orders for two further cargoes.
• Advising the UK subsidiary of a European oil company in connection with a potential claim under the Energy Charter Treaty arising out of the decision of a Cypriot authority to order the relocation of a refinery without compensation.
• Advising a UK energy company in two ad-hoc arbitrations against a UK-based multinational oil company, regarding a price redetermination clause in a long-term gas supply contract. The disputes were worth tens of millions of Pounds.