Michael Darowski

Michael focuses on international commercial and investment disputes resolved through arbitration. He handles cases under English and other governing laws, and under the rules of all major arbitral institutions. He has extensive experience acting in high-value, complex disputes across a broad range of sectors, particularly the energy and natural resources and oil and gas sectors, as well as financial services, transportation, food and beverage, life sciences, and technology.

Experience

Representative matters

Represented a UAE-based IOC in two PCA-administered ad hoc arbitrations against a Middle-East NOC in relation to its total failure to supply pursuant to a long-term gas supply agreement, including: (i) successfully obtained an award of damages of US$2.4 billion in favour of client; (ii) successfully defended the US$2.4 billion award in challenges to the English High Court and Court of Appeal pursuant to ss.67, 68 and 69 Arbitration Act 1996, and successfully enforced part of the award in London against commercial real estate assets; (iii) acted in ongoing second arbitration with claims of up to US$30 billion.

Advised an Indonesian renewable energy company in relation to price renegotiation disputes arising under wind PPAs.

Advised a Southeast Asian NOC in relation to LNG price renegotiation dispute against a portfolio seller.

Energy and Natural Resources

Advised an Indonesian renewable energy company in relation to price renegotiation disputes arising under wind PPAs.

Advised a Southeast Asian NOC in relation to LNG price renegotiation dispute against a portfolio seller.

Represented an East European state in ICSID arbitrations (including pursuant to the Energy Charter Treaty) relating to an alleged expropriation of a hydropower project, a waste to energy project, and a television station, as well as in related ICC arbitrations pursuant to a hydropower Build Operate Transfer Concession Agreement.

Acted for UAE based energy company in LCIA arbitrations against European energy major relating to a farm-in to a gas field PSC in Iraqi Kurdistan.

Acted in gas price review arbitrations under the ICC rules relating to LNG and pipeline gas supplies to Northern Europe.

Acted for Indian turbine manufacturer in UNCITRAL proceedings against a US energy company.

Acted for oil and gas major in UNCITRAL arbitration against a NOC arising from unitization agreement relating to production from an oil field in North Africa.

Acted for oil and gas major operator under Joint Operating Agreement in LCIA arbitration relating to cost recovery for development of West African offshore oil field.

Advised East European NOC on termination of PSC for breach of development obligations by Canadian contractor.

Advised oil and gas major in dispute against NOC subject to ICC arbitration for clarification of development rights under PSC.

Advised oil and gas major on termination of EFET Agreement for the sale of gas.

Acted for two Turkish electricity distribution companies in two separate ICC arbitrations in US$500 million claims against a state party for breach of privatisation contracts.

Advising Swiss-based mining investment fund on disputes arising under supply agreements relating to rutile mine in Sierra Leone and nickel mine in Vietnam.

Acted for high net worth individual in a LCIA arbitration relating to mining assets in Ukraine.

Acted for Italian steel mill in an ICC arbitration relating to the supply of defective steel.

Corporate and Finance

Acted for UK based healthcare services provider in LCIA arbitration against insurance company under a warranty and indemnity insurance policy relating to the sale of a portfolio of care homes.

Acted for a Ukrainian party in US$1 billion LCIA arbitrations against joint venture partners, involving commencement of 23 related LCIA arbitrations relating to a complex corporate holding structure, applications to the Cypriot court for statutory relief, and to the US court for section 1782 discovery in support of foreign proceedings.

Acted for Bahraini financial institution in a LCIA arbitration relating to the payment of deferred consideration under a share purchase agreement.

Acted for a CIS private equity fund in a LCIA arbitration breach of warranty claim arising out of a share purchase agreement relating to a mail services provider.

Acted for a Ukrainian agricultural conglomerate in a LCIA arbitration for breach of warranty and misrepresentation claims under a share purchase agreement.

Acted for a CIS agricultural producer in a LCIA claim arising out of share purchase agreement relating to agricultural assets, including applications for injunctions in BVI and Cyprus.

Acted for global pharmaceutical company in shareholder dispute with North African local partner relating to project to the construct production plant and conduct joint marketing of pharmaceutical products subject to ICC arbitration.

Acted for US food manufacturer in LCIA arbitration concerning breaches of a JV agreement by Indian partner.

Acted for a Thai manufacturing group in ICC arbitration seated in Singapore in a multi-billion dollar claim for breach of a joint venture in the brewing industry.

General Commercial

Acted for individual in LCIA arbitration against leading hedge fund concerning alleged misuse of confidential information relating to commodities trading platform.

Acted for high net worth individual in SIAC arbitration concerning mis-selling of cryptocurrency tokens.

Acted for crypto coin issuer against leading coin exchange in SIAC arbitration relating to consequences of a threatened delisting.

Acted for a Turkish textile producer in ad hoc investment treaty claim against an East African state for expropriation of production facilities.

Represented a US-based multinational restaurant brand in various LCIA arbitrations relating to franchises in Spain, Mexico, Greece and Cyprus, including successfully closing restaurants operating in breach of franchise agreements.

Represented a multinational mobile telecommunications company against the former Albanian state-owned fixed-line operator in ICC arbitration proceedings relating to the payment of network interconnection charges.

Acting for Turkish contractor in ICC arbitration against state-owned real estate fund relating to construction of commercial units in Tripoli prior to revolution.

Acting for US technology company in ICC arbitration relating to licensing of telecommunications patents on FRAND terms.

Acting in arbitration under SIAC Rules concerning a claim for breach of a SPA for sale of a hotel in Vietnam.