Edward Attenborough is a partner in the Dispute Resolution group of the Firm’s London office. Ed’s practice focuses on international arbitration, particular in the energy sector. Ed also represents clients in the power, financial services, telecommunications and defence sectors.
Aside from his core arbitration practice, Ed has significant litigation experience in the English courts, where he has advised financial sector and corporate clients on litigation proceedings, including insolvency proceedings and, typically, proceedings with a multi-jurisdictional element. Ed also has substantial experience in alternative dispute resolution procedures, including mediation and expert determination.
Ed is a Solicitor Advocate and typically acts as lead advocate for clients in arbitration.
Examples of recent international arbitration representations include:
- Representing a minority shareholder in an LCIA arbitration between joint venture parties to an upstream oil and gas project in the Middle East concerning a multi-billion dollar dispute over the approval of field development plans. A key issue was whether the FDPs proposed by the operator for two fields were binding on the company against the host state. The dispute also involved two expert determinations regarding the proposed field development plan.
- Acting for the minority shareholder in an LCIA arbitration brought by the majority shareholder of a joint venture oil and gas company in relation to a claim for deferred consideration
- Acting in an ICC arbitration concerning cost recovery between joint venture partners to an oil production sharing contract in East Asia.
- Advising a European integrated oil and gas company in relation to disputes and potential arbitrations concerning a substantial on-shore upstream gas project, including regarding contingent compensation, reserves estimation, field development planning and approval and the application of price caps to the project’s products.
- Acting for a European integrated oil and gas company in multiple arbitrations (under the ICC and SCC Rules) concerning under-deliveries under long-term gas sales agreements.
- Acting for an English upstream oil and gas company in a gas price revision dispute in relation to an oil and gas project in Africa.
- Acting for the minority shareholder of a joint venture oil and gas company in an LCIA arbitration claim against the majority shareholder. The shareholders’ dispute arose out of the settlement of a major arbitration regarding oil and gas assets in the Middle East.
- Representing Brazilian contractors and the project developer in multiple LCIA and ICC arbitrations against insurers, in a dispute concerning one of the largest hydroelectric power projects in the world.
- Advising a major oil and gas company in an ad hoc arbitration under Sharia law in the Middle East concerning a major gas plant debottlenecking project.
- Acting for the lead contractor in an ICC arbitration arising out of the termination of a rail construction project in South Europe.
- Acting in an ICC arbitration concerning disputes under a mobile telecommunications cooperation agreement.
- Acting in an LCIA arbitration relating to a coal supply agreement.
- Acting in an LCIA arbitration concerning disputes under a securities repurchase agreement.
- Defence Industry: Advising in relation to several disputes and potential arbitrations concerning high-profile UK Ministry of Defence procurement projects.
Examples of recent litigation representations include:
- Acting for the Brazilian respondents to anti-suit proceedings in the Commercial Court and the Court of Appeal in what became one of the leading English authorities on the governing law of arbitration clauses.
- Acting for financial institutions, including in multi-jurisdictional court proceedings, in relation to breaches of retainer agreements entered into with clients and wrongful termination of retainer agreements.
- Representing a major contractor against an international chemical company in a professional negligence action before the Technology and Construction Court.
- Acting in relation to the disputed release of a guarantee relating to the lease for a data centre.
- Acting for both borrowers and creditors in relation to various financial restructuring matters, including major schemes of arrangements and administration.
In addition to the arbitration matters listed above, Ed has advised multiple UK and European oil and gas companies and industry investors on issues relating to, for example, insolvency proceedings, cost recovery under a deed of grant and (on multiple occasions) the contentious termination of services contracts.