Amérique latine

Cargo contamination and enforceable arbitration clause – GAFTA arbitration

Acting for Sellers in a dispute about wheat cargo contamination and enforceability of an arbitration clause

Claims arising from the pesification regime in Argentina

Advising on various claims arising out of the pesification regime in Argentina, with the focus being on whether changes to payment arrangements provided to concession holders constituted “expropriation” within the wording of the London market policy.

Advised an oil and gas producer

We advised an oil and gas producer on exploration and production contracts in Brazil subject to merger notification requirements, at EU level, or equally at other national competition regulator levels.

Advised the Amsterdam branch of a major European bank

Advised the Amsterdam branch of a major European bank on a USD 100 million medium-term syndicated structured export prepayment facility to finance the storage of export of soy beans in and from Brazil.

Conducting an internal investigation for a commodities trading

Conducting an internal investigation for a commodities trading client into allegations of corruption by the Brazilian authorities and advising the client on the SFO’s investigation.

Energy sector merger notification requirements

Advising an oil and gas producer on exploration and production contracts subject to merger notification requirements, at EU level, or equally at other national competition regulator levels.

Breach of Performance Warranty

Assisting Petrobras relation to a breach of Performance Warranty by the Owners of the FRSU Experience, chartered by Petrobras. The relevant charterparty is governed by English law and we are providing advice to Petrobras on issues concerning the performance rate of the FRSU and compensation owed to Petrobras due to underperformance.

Bid negotiations, EPC and related contracts

Advising Petrobras on the preparation of documents in relation to a tender and the EPC contract itself (and related agreements) for the construction of the world's first LNG liquefying unit for the pre-salt gas production. Petrobras developed a project to bring oil and gas from two offshore fields onto FPSOs. On reception, the gas would be transferred to a floating LNG unit to be liquefied and then stored in tanks. The LNG would be then sold domestically and internationally. We prepared all the documents (and participated in the bid negotiations) including the EPC and related contracts in relation to the project.

Charterparty for LNG Project

Advising in relation to a potential future charterparty for a future LNG project. Our client required our analysis of the Trading to Europe Clause

Purchase of LNG

Assisting clients with the review of the wording of a draft Sales and Purchase Agreement for the purchase of LNG being sold by EDP Energias De Portugal S.A.

Master LNG SPA

Reviewing the model Master LNG Sale and Purchase Agreement adopted by Petrobras

Floating LNG project

Advising on very large Floating LNG project involving Brazil

Advising Huboi on its LatAm market entry

Advising Huobi, a global cryptocurrency exchange in its purchase of a Latin American cryptocurrency exchange which has operations in, amongst other places, Argentina, Chile, Uruguay, and Paraguay.

Advised Cran Group in the US$80 million partial sale

Advised Cran Group in the US$80 million partial sale to Ontario Teacher’s Pension Plan Board (OTPPB) of Agrícola Cran Chile, a relevant supplier of berries to the Ocean Spray agricultural cooperative.

Coverage for a defective SAG mill

Acting for reinsurers on a large mining loss arising out of a defective SAG mill, including litigation in the English Commercial Court.

Machinery breakdown at copper mine

Advising reinsurers in respect of a machinery breakdown event at a copper mine in Chile

Hydropower plant

Providing pre-contentious advice in relation to a tunnelling contract for the Alto Maipo Hydropower Plant Project, Chile

USD 2 billion upgrade of the Cartagena oil refinery

Advising on a bespoke EPC contract for the USD 2 billion upgrade of the Cartagena oil refinery in Colombia.

Disruption to supplies of electricity claim

Advising insurers in respect of a claim following disruption to supplies of electricity to the central grid in Colombia.

Large-scale reinsurance dispute

Representing forty four London market reinsurers in a nine-figure reinsurance dispute.

EPC USD 2 billion oil refinery upgrade

 Advising on a bespoke EPC contract for the USD 2 billion upgrade of the Cartagena oil refinery

Disruption to the Central electricity grid

Advising reinsurers in respect of a claim following disruption to supplies of electricity to the central grid in Colombia.

Insuring the loss of Colombian art

Advising fine art insurers in relation to a claim for the loss of Colombian artwork

Restructuring Cuban sugar debt

Advising insurers regarding the restructuring of a Cuban sugar related debt during a time of considerable political uncertainty and government restructuring

Port construction arbitration

Advising on a USD 4 million ICC arbitration concerning dredging and port construction works in the Dominican Republic.

ICC USD 4 million port construction works arbitration

Advising on a USD 4 million ICC arbitration concerning dredging and port construction works in the Dominican Republic

Claims for environmental damage following an oil pipeline spill

Advising liability reinsurers in relation to claims for environmental damage following an oil pipeline spill in Ecuador.

High value arbitration on crude oil pipeline

Assisting insurers in a high value arbitration concerning a number of events that impacted on a multi-year CAR policy covering the construction of a 500km crude oil pipeline in Ecuador.

Disputed tar sands mining license in Ecuador

Representing US investors in a dispute with the Government of Ecuador concerning its revocation of a tar sands mining licence and involving Ecuador’s renunciation of its membership of ICSID

Coverage arbitration following the delayed start-up of a transnational oil pipeline

Successfully defending insurers in a USD 78 million coverage arbitration concerning a delay in start up cover for a 600 km oil pipeline.

Mining dispute against the Government of Ecuador

Representing US investors in a dispute with the Government of Ecuador concerning its revocation of a tar sands mining licence and involving Ecuador’s renunciation of its membership of ICSID

DSU claim arising from construction of pipeline

Acting for reinsurers in a GBP 96 million DSU claim arising out of the construction of a pipeline across Ecuador

ICSID case involving the renunciation of Ecuador's membership

Represented US Investors in a dispute concerning the Government of Ecuador’s revocation of a tar sands mining licence and Ecuador’s renunciation of its ICSID membership.

Revocation of a tar sands mining licence

Representing US Investors in a dispute concerning the Government of Ecuador’s revocation of a tar sands mining licence and Ecuador’s renunciation of its ICSID membership

Acting for a South American conglomerates’ subsidiary and its international counterpart

Acted for a South American conglomerates’ subsidiary and its international counterpart in their claim against a trading entity, concerning a cross-border dispute and claims against the government of a Latin American country.

Represented a Brazilian contractor

Represented a Brazilian contractor and its UK entity in two arbitration claims against a West African government in relation to its infrastructure projects.

Advising on South American trades

Advising on South American trades where AML issues pertaining to local tax requirements.

Advised on relating to damage to agriculture products carried to Mexico

The Mexico office has been involved in cases relating to damage to agriculture products carried to Mexico, both for the owners of the vessel and the cargo

LNG terminal regulatory issues

Advising New Fortress Energy on all regulatory issues relating to the construction and operation of an LNG terminal and the first LNG floating storage facility in Mexico

Four charterparty arbitrations

Advising on four separate charterparty arbitrations in relation to two vessels, with issues including payments of rent, early termination, delay due to poor maintenance and provision of spares, technical management fees, dry-docking, various costs

Swine flu outbreak business interuption claims

Advised insurers of a restaurant chain with more than 400 restaurants in Mexico on business interuption claims after a swine flu outbreak under denial of access and government authority clauses including aggregation issues

Construction claims relating to a nitrogen processing plant

Advising an insurer in relation to reinsurance issues arising out of claims concerning the construction of a nitrogen processing plant in Mexico

Physical damage and BI claims at Steel manufacturing plant

Advising reinsurers in a USD 50 million physical damage and business interruption claim following a breakout at a steel manufacturing plant in Mexico

Reinsurance issues

Advising reinsurers on issues arising from Mexican helicopter loss (2014)

Salvage/scopic

• - “ELLI” – advising a shipowner and its P&I Club following a grounding off Aden and subsequently when she broke her back in Suez while preparing for drydocking. This case required quick action to avoid pollution and further damage to the vessel. We dealt with various other issues including salvage, towage, safety, regulation, insurance, hull and P&I. The vessel was towed in 2 halves in the Red Sea to Aden under a renegotiated LOF/Scopic Clause Grounding, bunker removal and potential wreck removal off Mexico following hurricane Patricia
   
• - “NEW FLAME” – grounding and subsequent breaking up of vessel off Gibraltar, resulting in lengthy Scopic services before ultimately turning into wreck removal
    
• - “BRILLANTE VIRTUOSO” – representing owners, war risk underwriters and P&I in dealing with salvage and transhipment of cargo following fire off Aden, laden with fuel oil
     
• - “APL Panama” – containership ship grounding off the coast of Mexico. Largest salvage award ever made
     
• - “Ocean Crown” – Laden with copper concentrate, ran aground off Southern Chile while on its way to India. Second largest salvage award ever made
     

Multi-million USD claim alleging negligent design

Advice in relation to a USD 300 million plus claim against a global design and engineering company relating to the alleged negligent design of a hydro-electric facility in Panama (with claims in multiple jurisdictions including the United Kingdom, Sweden and the United States)

Peru LNG

Advising a shareholder in relation to Peru LNG

Failure of the blades of a turbine at a thermal power station

Advising insurers in relation to a USD 50 million plus subrogated action following the failure of the blades of a turbine at a thermal power station in Peru.

Negligence claim from allegations of an undervalued sale of a mining company's assets

Defending a negligence claim against the administrators of an English incorporated mining exploration company in Peru involving allegations that they caused the company’s main assets to be sold to a connected party at an undervalue

Corrosion damage to pipework and generator costs

Advising reinsurers in a dispute arising from corrosion damage to pipework and temporary generator leasing costs at a Liquid Natural Gas plant in Peru

Acquisition of LNG project

Advising Petro-Canada on the USD 2.1 billion acquisition of Veba Oil & Gas's international operated and non-operated business having business operations in 12 countries including an integrated project financed LNG project in Latin America

Claim against global engineering company

Advice in relation to claims against a global engineering company arising out of alleged negligent design and construction of gas processing facilities in Trinidad

Construction and operation of a new build FSRU

Acting for the floating storage and regasification vessel (FSRU) provider in relation to the project agreements for the construction and operation of a new build FSRU with a storage capacity of 263,000 cubic meters of LNG, making it the world’s largest FSRU, to provide storage and regasification services over a 20-year contract period at the new import terminal to be located at Punta Sayago, Montevideo, Uruguay, with an overall project value in the region of USD 1.1 billion; and providing storage and regasification services over a two year contract period at a new import terminal located in Turkey.

Faliure of steam turbine

Advising reinsurers on the prospects of for subrogation arising out of the failure of a steam turbine in Uruguay 

Offshore labour law obligations

Advising in connection with breach of warranties arising out of tax and labour law obligations regarding a rig’s operations offshore Venezuela

Loss of the "Aban Pearl"

Advising operating insurers of the "Aban Pearl" in respect of sudden and unexplained sinking of the MODU offshore Venezuela

Political risk insurer in an LCIA arbitration

Successfully representing a political risk insurer in a LCIA arbitration relating to Venezuela

Machinery breakdown at Paper Mill

Managing a subrogation claim following a machinery breakdown event at a paper mill in Venezuela

Wreck removal

• - “PERRO NEGRO 6” – Advising on the total loss and subsequent wreck removal of a jack up drilling rig offshore Angola
   
• - Livestock carrier overturned in Brazil laden with cattle – representing hull and P& I insurers in liability claims and wreck removal
   
• - “ANA” – Acting for the “blue card” insurer of M/V “ANA” which ran aground and capsized off Lianjiang due to a severe typhoon in Fujian province of China, this had led to various claims including wreck removal costs, anti-pollution expenses and fishery & ecological losses
   
• - “ABAN PEARL” – Acting for insurers on the total loss of gas platform off Venezuela
   
• - “HAIDAR” – Advising a state-owned oil company on disputes arising from a collision between a tanker and a terminal’s berth, which includes the charterer’s fulfilment of nomination of safe port, demurrage claims and late delivery of cargo claims

Sinking of a drill rig

Acting for both London market and International Insurers in what is (after Deepwater Horizon) the largest current loss in the energy market. The advice relates to a USD 435 million claim for a drill rig which sank off the coast of Venezuela in May 2010