James Carter

Energy and Natural Resources

• Acting for a European Oil and Gas Major in ICC arbitration and related ICC Expert proceedings arising from a dispute as to the entitlement to a price adjustment under a gas sales agreement. The dispute, which is valued at in the region of USD200m, arises from the post Russia/Ukraine European Gas Crisis.
• Acting for an international natural resources business in a USD200m+ ICSID arbitration concerning the revocation of mining licenses in Mozambique. Provisional Measures have been obtained against Mozambique, which has forced settlement
• Acting for members of the Mittal family in a USD400m+ investment treaty arbitration against the State of Bosnia and Herzegovina, conducted under the UNCITRAL Rules and administered by the Permanent Court of Arbitration. The dispute concerns the Mittal family's investment in the Bosnian steel industry.
• Acting for a global provider of mobile power and energy solutions in a Nigerian law governed LCIA Arbitration brought by two Kenyan companies following the collapse of the acquisition of our client's Nigerian subsidiary.
• Acting for a major Korean Contractor in a series of 6 LCIA arbitrations and related Nigerian litigation relating to the breakdown of a joint venture following the construction of an FPSO. The claim is worth in the region of USD150m.
• Acting on behalf of a major Italian energy company in a dispute arising under a gas sales and purchase agreement concerning the purchase of gas from Northern Africa. The arbitration (ICC rules, seated in Paris) addressed the relative merits of two competing price reviews. A successful outcome resulted in an award for James’ client worth in excess of USD250m.
• Acting for an international oil major in a London seated, New York law governed LCIA arbitration arising from a long-term LNG supply and purchase agreement. The dispute raises questions related to shortfall quantity payments, force majeure, natural depletion, and the correct operation of the pricing formula.
• Acting for investors in a major African energy company in a USD450m joint venture dispute involving both an LCIA arbitration and injunctions being obtained in both Nigeria and the BVI. The proceedings also involved a successful challenge to an Award before the English Courts.
• Acting for a major West African energy company in a c.USD50m LCIA arbitration relating to post M&A transaction payments.
• Acting for an oil major in a USD200m+ ICC arbitration relating to the divestment of oil assets in the Middle East The dispute concerned debts due under a joint operating agreement.
• Acting for an international oil and gas major in an English law, London seated, LCIA arbitration on a EUR40 million gas pricing dispute. 
• Acting for a major African energy business in a USD50m dispute arising from the termination of back-to-back contracts alleged to have involved the trade of sanctioned oil.
• Acting for a UK energy plc in relation to a royalty dispute arising from the operation of a gas concession in West Africa in proceedings before the English High Court.
• Acting for an English biomass trading company in a EUR17m ad-hoc, Ghanaian law, Accra seated against a state-backed rubber plantation.
• Acting for a Northern European subsidiary of a major US Energy business in an arbitration under the Norwegian Arbitration Act /OCC Rules disputing the buyer's purported termination of the gas sale and purchase agreement between the parties pursuant to the agreement's economic hardship clause, and related issues concerned with the entitlement to a price adjustment.
• Acting for a major multinational commodities company against an African Government in relation to a tariff dispute (UNCITRAL rules) concerning an offshore mooring system.
• Acting for an international power generation company in a dispute with the national authority of the Middle Eastern country to which it supplied power in a USD70m dispute arising under a Power Purchase Agreement.
• Advising a significant industrial purchaser of oil in relation to the exercise of a force majeure clause following the closure of a refinery as a result of circumstances related to the Covid-19 pandemic.
• Acting for a large Central European energy company in a USD100m expert determination arising from a post-acquisition dispute following the purchase of a share in a major pipeline project.
• Acting for a state-owned oil and gas company in Central Asia in a USD150m LCIA arbitration relating to the construction of a jack up drilling rig for use in the Caspian Sea.
• Advising a South Asian state-owned energy company in respect of a major dispute with a contractor concerning the operation of a hydroelectric power station, including an arbitration under UNCITRAL Rules and related investigation into alleged bribery and collusion.

Telecommunications and Technology

• Acting for a telecoms multinational in a USD200m+ London seated LCIA arbitration arising from the exercise of a put option in a shareholder's agreement. The Claimants allege that the Respondents fraudulently misrepresented the status of the business to suppress value in a contested valuation exercise.
• Acting for an international telecoms business in a significant LCIA arbitration arising from a project to deliver 5G telecoms capability in a CIS jurisdiction. The Claimant's allege fraudulent misrepresentation and the dispute involves both English and foreign law.
• Acting for an international telecoms business in disputes related to its exit from challenging jurisdictions following regime change in anticipation of SIAC arbitration proceedings.
• Advising an international telecoms business in relation to claims against an Iraqi telecoms operator arising under promissory notes and a deferred payment agreement. The claims are valued at USD165m+, with potential counterclaims of USD202m.
• Acting for the General Partner (GP) in two (now consolidated) JAMS arbitrations and related Cayman Island proceedings relating to the attempted removal of the GP following the issuance of default notices.
• Acting for a HNWI technology entrepreneur in an LCIA arbitration (with related BVI proceedings) relating to the scope of a restrictive covenant. The broader dispute concerns allegations of unfair prejudice and breaches of the relevant shareholders agreements and side letters.

Financial Services

• Acting for a prominent class-action law firm in a London seated ICC arbitration relating to the funding of a large-scale class action and the relative priority of litigation funding investors to the proceeds of that claim.
• Acting for Russian Investors in one of the leading banks in CIS jurisdiction. The USD100m dispute (to which English and Russian law applies,and was resolved by London seated LCIA arbitration proceedings) relates to our client’s entitlement to exercise a call option and involves serious allegations of illegality.
• Acting for Atlas Mara Limited, an investment bank, on its successful defence of a USD200m claim concerning alleged breaches of an SPA in respect of an African bank (including a 4 week trial before the English High Court (Commercial Court)).
• Acting for a major British bank, against significant European banks financial institutions and a European State in claims arising from a takeover.  The claims are valued at EUR135m.  Proceedings have been commenced in the Belgian Courts (where Dutch, Belgian and English law claims will be advanced), and by way of a Paris seated, English law, ICC arbitration.
• Advising a South Asian state-owned energy company in respect of a major dispute with a contractor concerning the operation of a hydroelectric power station, including an arbitration under UNCITRAL Rules and related investigation into alleged bribery and collusion.

Industrials

• Acting for a global chemicals business in a USD20m LMAA arbitration concerning the purchase and supply of biogas, including the assertion of force majeure.
• Advising a significant industrial purchaser of oil in relation to the exercise of a force majeure clause following the closure of a refinery as a result of circumstances related to the Covid-19 pandemic.
• Acting for the African subsidiary of one of the world's leading food and beverage companies in relation to a dispute about the supply of allegedly defective cocoa butter. Should the matter proceed to arbitration it will be subject to the FCC arbitration rules.

Sport

• Acting for a major sporting organisation in an ICC Arbitration against an Indian State Government in a dispute relating to the breach of an event hosting agreement (which led to the cancellation of the event.

Real Estate

• Acting for an African State in an LCIA arbitration relating to a dispute about the financing terms and allegedly fraudulent procurement of a USD500m construction contract for the construction of homes for civil servants.
• Acting for a UHNW individual in Singapore seated LCIA arbitration and related litigation in the Isle of Man.  Our client is accused of fraudulent misrepresentation which is said to have induced investment in 4 Indian property developments.  The claim was valued at in excess of EUR350m.