REPRESENTATIVE EXPERIENCE
Declan C. Gallivan
Energy and Commodities
LNG Price Review: Acting for an LNG buyer, a major multinational commodity trading and mining company, in a London-seated LCIA arbitration regarding a price review under a long-term LNG supply and purchase agreement.
LNG Price Review - Shipping: Advising an LNG buyer in a price review dispute concerning the shipping cost component of the contractual pricing formula under a long-term DES LNG supply agreement into Asia.
LNG Failure to Deliver: Advising an LNG buyer on claims arising from a seller's failure to deliver LNG under a mid-term LNG supply agreement, including in LCIA arbitration proceedings concerning liability.
LNG Short Deliveries: Acting for an LNG buyer in relation to claims arising from short deliveries under a long-term LNG sale and purchase agreement.
LNG Facility: Representing the owner and operator of an LNG facility in Africa in London-seated, LCIA administered arbitration under UNCITRAL Rules, regarding a claim in respect of alleged delays and defects in the construction of the plant against the contractor, with total sums in issue valued at over US$2 billion.
Corporate, Shareholder and Boardroom
Boardroom: Acting for the defendant and counterclaimant in a high-profile boardroom dispute before the Commercial Court, conducted on an expedited basis (Stobart Group Ltd v Tinkler [2019] EWHC 258 (Comm)).
Shareholder: Advising a shareholder in a shareholder and governance dispute concerning an investment and asset management business.
Shareholder: Advising a maritime shipping logistics company on a multi-jurisdictional shareholder dispute.
Directors’ Duties: Advising a former director of a major plc, now in administration, defending allegations of breach of directors’ duties.
TECH AND MEDIA
Media: Acting for the respondent, a leading international news broadcaster, in an LCIA arbitration arising from a major technology transformation project involving the overhaul of its broadcasting systems, IT infrastructure and operational workflows.
Media: Acting for the Claimant, a global broadcasting business, in an LCIA arbitration regarding a series of television licence and broadcasting agreements.
Media: Advising an independent US entertainment company in a dispute with a film and television production and distribution company.
Tech: Advising a data management automation business on the unwinding of a major business processing agreement in the asset management industry.
Tech: Advising a workflow software developer in a dispute concerning the copyright, intellectual property rights and passing off of its software platform.
CONSTRUCTION, INFRASTRUCTURE AND LOGISTICS
Acting for the Claimant, a global engineering/consulting company, in a Doha seated ICC arbitration. The dispute concerned the design/construction of a major public infrastructure project in Doha.
Acting for a major state-owned railway network on a number of technical disputes concerning rail infrastructure, operations and associated contractual arrangements.
Acting for an Asian maritime logistics and ship-owning company in a Section 69 AA 1996 challenge to an arbitration award in the High Court.
LIFE SCIENCES
Advising a pharma company on joint-development, licensing, and distribution disputes regarding a product in the development phase, involving clinical trials methodologies and delays in securing marketing authorisations.
Acting for the Claimant, a leading pharmaceutical company, in a Section 68 AA 1996 challenge before the High Court.
Acting for the Claimant, a leading pharmaceutical company, in a successful application to enforce a New York arbitration award in the High Court.
OTHER COMPLEX DISPUTES
Aviation: Acting for a major materials supplier in three inter-related but unconsolidated ICC arbitrations (seated in London, Paris and Geneva) under English law and German law, in successfully defending claims brought against it by a major manufacturer of commercial passenger and military aircraft, related to the supply of alleged defective products, in which the claims alleged (for damages and an indemnity) were quantified at over US$1 billion. The defences we advanced on behalf of our client ultimately prevailed with a favourable costs award against the unsuccessful claimant.
Consumer: Advising a consumer products company in a cross-border distribution dispute.
Finance: Acting for the Claimant, a financial lender, in a High Court dispute concerning funding for a property development.
Franchise dispute: Acting for a large US gym-group, in a dispute with franchisees.
Fraud: Advising pension plans and individuals in connection with multi-jurisdictional fraud claims arising from alleged dividend arbitrage trading.
Funding: Acting for litigation funders successfully resisting security for costs in the RBS Rights Issue Litigation [2017] EWHC 1217.
Private Equity: Advising a family office in a dispute with a portfolio company.
Public International Law: Acting for one of eighteen defendants, accused of conspiracy by Syrian claimants, in successful challenge to jurisdiction on grounds of state immunity, Hashwah & Ors -v- Qatar National Bank & Ors [2022] EWHC 2242.
Sport: Acting for a major motor sport entity in a London-seated ICC arbitration.
