Diamond McCarthy’s energy and natural resource group handles a broad spectrum of issues and disputes across the sector. We act as advisors and counselors to our clients and are trusted to handle high-stakes litigation and arbitration in the United States and overseas. Our experience within energy and natural resources has evolved significantly over decades of representing clients from our origins in the oil patch of Texas to developing an international practice in which we have acted for clients across the globe from the US, Cayman Islands, Latin America, Africa, the Middle East, Philippines, and Europe.
Diamond McCarthy’s practice relies on a multi-disciplinary approach to deconstruct the vast array of complex issues that arise in the sector, and we are accomplished in navigating our clients through complicated jurisdictions. Our clients include domestic and foreign energy and natural resources producers, service and midstream companies, and terminals as well as governments and leading financial institutions that provide capital to the industry. Our concentration in the mining sector (base metals, industrial minerals, precious stones and metals) involves both public and private projects in a number of court-based applications regarding arbitration (in the UK and elsewhere), including injunctions, set-aside claims, and enforcement proceedings. We actively represent foreign and US domestic companies in cross-border disputes here in the US and in wide array of jurisdictions around the world.
Our international arbitration team has a particularly strong focus within energy, mining, and natural resources. The team is currently handling an international claims portfolio in excess of $30bn, concerning mining, energy and other PPP projects in Africa, Europe and Latin America. Our extractives capabilities includes base metals, industrial minerals, precious stones and metals for both public and private projects. We act in a number of court-based applications regarding arbitration (in the UK and elsewhere), including injunctions, set-aside claims, and enforcement proceedings
Many of our matters concern complex jurisdictions and claims that range from expropriations, corporate shake downs and parallel criminal-civil proceedings to fiscal destability issues involving customs and VAT law worth billions of dollars. We are regularly assessing and developing claims under bilateral and multilateral investment treaties as well as international investment agreements.
Our clients rely on us for our strong proficiency in disputes that cross borders and involve significant investment among producers, service companies, transporters, natural resource companies, financial institutions, and sovereigns, often through arbitration. Our attorneys have broad experience in arbitral courts and rules around the world, and our entrenched relationships network of firms, experts, and consultants enables us to service our clients’ needs no matter how technical or in which venue on the globe they arise.
Our litigation team has handled high-stakes and most complex disputes in the energy sector across the united states and abroad. For example:
- Multiple billion-dollar contract disputes and price renegotiations
- Defense of royalty litigation
- Prosecution of pipeline supply contracts
- Forced liquidations
- Breach of fiduciary duty
- Contract claims
- Joint operating agreements
- Liens and mortgages on mineral interests
- All aspects of lien perfection issues
- Transfers and assignments of leases
- Working interests and overriding royalty interests
- Oil and gas reserve issues
We have a particular concentration in areas that include financial distress situations including insolvency, intellectual property, and energy and natural resources. Diamond McCarthy’s energy and natural resource team works closely with industry experts to adopt a contextualized, multi-disciplinary approach when needing to tackle complicated and sometimes novel international law issues.
Recent examples of our work include:
- Fraudulent Transfer, Negligent and Intentional Misrepresentation, Tortious Interference, Unjust Enrichment and Alter Ego/Piercing the corporate veil, and unfair business practices.
- Asserting claims for negligent and intentional misrepresentation arising from a dispute over construction of a gas-fired power plant.
- Dispute resolution and renegotiation of Natural Gas, Power, and other energy supply contracts.
- Complicated workouts and bankruptcy related proceedings with power companies.
- Evaluating and advising on how to renegotiate large uneconomic energy contracts including force majeure provisions.
- Advising and handling disputes arising from Power Pool arrangements and bespoke Power Supply Agreements governed by international law.
- Representing minority and majority shareholders, and JV partners in various in natural gas pipeline, oil and mining disputes.
- Advising on investment law issues including fiscal stability provisions