Philip Dunham

Infrastructure and Construction Disputes

• Representing a South American company in an ICC dispute against a state-owned company in the MENA region in a dispute exceeding USD 1bn in relation to the artesian wells drilled as part of the Great Man-Made River project in Libya, one of the largest engineering projects ever undertaken.
• Representing a joint venture of European construction companies in a c. USD 330m ICSID investment dispute with a Middle Eastern State relating to the construction of an urban highway.
• Representing a major Turkish construction company in a USD 80m ICC arbitration dispute against a Russian company arising out of the construction of a significant commercial high-rise development in Eastern Europe.
• Representing a UAE subsidiary of a major U.S. diversified security technology and manufacturing leader in a dispute against a European contractor related to the expansion of an international civil airport in the UAE including issues of variations to the works, payment, delay and disruption and with the total value of claims and counterclaims c. USD 20m.
• Representing the Saudi affiliate of an Asian construction company against its Middle Eastern subcontractor in a c. USD 20m claim arising from the construction of the residential campus for a large energy research centre in the Middle East.
• Representing a leading European cement manufacturer in a USD 155m breach of warranty dispute with two Asian parties arising from widespread hidden defects in both the civil works and electrical and mechanical components of a newly-acquired industrial plant in the Philippines.
• Representing a European company in its defence of a series of arbitrations with a total value of c. USD 20m alleging defects in the design and construction of an offshore oil terminal in Europe.
• Representing a UAE company in two separate ICC arbitrations with the total value in excess of c. USD 30m related to the construction of oil storage facilities in the UAE and in Europe and involving issues of delay, variations, and unpaid IPCs.
• Representing a Balkan State in a EUR 12m claim arising from the construction of an international bridge and associated rail and road infrastructure against a Western European construction company and involving issues of delays and variations to the works.

Oil and Gas Disputes

• Representing a South American country in a USD 3.5bn ICSID arbitration with a major US oil company in relation to the termination of a participation contract for the exploration and exploitation of hydrocarbons involving issues of expropriation, as well as discriminatory and abusive conduct.
• Representing the Republic of Ecuador in two separate major, and high profile investor-state disputes with the total value of c.USD 3bn commenced by two consortium partners claiming expropriation of their oil & gas concessions.
• Representing a South American country in a USD 1.5bn ICSID arbitration with a major US oil company arising from the termination of a participation contract to explore and exploit oilfields, and a counterclaim for environmental harm.
• Representing a major U.S. oil company in USD 20m ICC arbitration dispute against a West African state arising under a production sharing agreement and relating to the interpretation of the allocation of cost oil and profit oil.
• Representing a Middle Eastern multinational company in a claim brought by a major U.S offshore drilling company for payments due in the amount of c. USD 15m under an alleged JV agreement for the provision of oil & gas drilling services in a Middle Eastern country.
• Representing a West African national oil company in a USD 8mn ICC arbitration dispute with an Asian party arising out of payment provisions under a contract for the acquisition of seismic data.
• Representing a Balkan State in an ICC arbitration in connection with the acquisition of a refinery and the purchaser’s willingness and ability to produce guaranteed volumes of certain petroleum products.

Technology, Media and Telecommunications Disputes

• Telecoms, MENA, ICC – Representing a leading European telecoms company in a JV shareholders’ dispute exceeding USD 1.5bn in relation to the largest mobile phone operator in a country in the MENA region.
• Telecoms, Africa, LCIA – Representing a European telecommunications company in a USD 30mn dispute arising out of SPAs for the acquisition of mobile networks in two African States and involving issues of contractual entitlement to payments made under the SPAs in the circumstances of non-completion of the underlying transactions.

Pharmaceutical Disputes

• Representing a European pharmaceutical in LCIA and HKIAC arbitrations arising from a dispute against its Asian joint venture partner pertaining to the promotion and distribution of its products in a South-East Asian state.
• Representing a US pharmaceutical company in an ICC arbitration brought by an Eastern European State entity regarding the acquisition of the latter’s pharmaceutical stocks and outlets.
• Representing a US pharmaceutical company against an Eastern European State in an ICC arbitration involving expropriation of the client’s local subsidiary, and a contractual dispute over the development of various cancer drugs.
• Representing a French subsidiary of an Asian pharmaceutical group in an ICC arbitration brought by a French manufacturer of generic pharmaceutical products in a dispute arising from a distribution and marketing agreement for a pharmaceutical product.

Procurement Disputes

• Representing an Asian state entity, over twenty years, in five arbitrations arising from two major military procurement contracts and the wrongful recourse to commissioned agents.