Daniel Meagher

Below are selected representative matters:

International Commercial Arbitration

• Aviation Component Supplier v Airline: LCIA arbitration concerning non-payment of charges for certain services and exchange components supplied to an airline.
• Aircraft Owner-Lessor v South-East Asian Airline: Representation of owner-lessor of numerous aircraft to south-east Asian airline in dispute arising from failure to make monthly lease payments and consequent default and termination of leases, and recovery of aircraft from different locations in south-east Asia. English courts, SIAC arbitration and LCIA arbitration.
• Technology Start-Up Shareholders’ Dispute: Representation of majority shareholder in multi-billion USD dispute with founder/minority shareholder regarding the operation of a technology start-up in the Middle East.  Claims of unfair prejudice, counterclaims based on theft of intellectual property and the creation of a competitor business using copied source code.  Technical issues of software coding and copying.  DIFC-LCIA arbitration, Dubai seat.  
• International Oil and Gas Company v. African State Entity: Ad hoc international conciliation between an international oil and gas company and African state-owned oil and gas entity concerning the triggering of a renegotiation clause of a production sharing contract following a change in profit oil taxation. Dispute valued at approximately $2 billion.
• Owners of Petrochemicals Plant v. Owners of Refinery: ICC arbitration commenced by foreign investor-owners of petrochemicals plant against a local state-owned refinery arising out of delay to construction of both the petrochemicals plant and the refinery due to both design/engineering failures and force majeure events, and subsequent failures to accept and supply feedstock. The claim was valued at $100 million.
• Seller v. Purchaser (iron ore pellets): Dispute concerning the failed purchase and delivery of iron ore pellets DAP (Incoterms 2010) under a series of related English-law governed contracts, such claim arising from failure by buyers to open letters of credit in accordance with the contractual terms. ICC arbitration, Paris seat.
• Long Term Commodities Supply Contract: Representation of exporter of metals commodity in dispute with buyer under long-term supply agreement for failure to take delivery and issues regarding opening of letters of credit.
• Dispute between Joint Venture Partners: LCIA arbitration concerning distribution of profits of a mining/metals joint venture between several of Ukraine’s leading businessmen. Dispute valued at over $800 million.
• Seller v. Purchaser (fuel oil): Dispute concerning the failed purchase and delivery of fuel oil FOB (Incoterms 2010) under an English law governed agreement (ICC, Geneva seat).
• Shareholder A v. Shareholder B: Multibillion-dollar shareholder dispute arising under a shareholders’ agreement (governing law – New York; UNCITRAL arbitration; seated in London) relating to a major emerging market telecoms company.
• Owner of Mixed Use Property v. Mediterranean Luxury Goods Retailer: DIAC arbitration between a luxury goods Mediterranean retailer and an owner of large mixed-use development in the UAE concerning construction delay and resulting harm. The claim was valued at $30 million.

Investor-State Arbitration

• Renewable Energy Investor v. Italian Republic: Representation of claimant in significant ECT claim against the Italian Republic regarding changes in legislation concerning feed-in-tariffs for newly constructed solar photovoltaic plants.
• Mining Company v. Central Asian Government: Representation of respondent host state in an investment treaty UNCITRAL arbitration commenced by a multinational mining investor alleging expropriation of a mining investment. Claim valued at approximately $400 million.
• Bank Shareholders v. Central Asian Government: Representation of respondent host state in trio of investment treaty UNCITRAL arbitrations commenced by former shareholders in a commercial bank, alleging expropriation of their investment. Combined claims valued at over $400 million.

English Court Litigation

• Repossession of Aircraft: Representation of owner-lessor in multi-jurisdiction repossession of a number of its aircraft and engines following the insolvency of a global airline.
• Lender/Borrower Dispute Relating to Oil and Gas Project: Representation of respondent borrower (emerging market oil and gas company) in proceedings brought by syndicate pursuant to failure to repay under LMA facility agreement for $150 million, which facility was intended to increase off-shore production at designated oil field.  Pursuit of counterclaims due to failure to disburse funds in a timely manner, with knock-on effects for operations.
• Recovery of Unpaid Aircraft Lease Payments: Representation of lessor against airline for the recovery of over $10 million in unpaid aircraft rental charges.
• Obtaining injunctive relief: Dispute concerning the management and sale of two oil tanker vessels. Representation of claimants in successfully obtaining injunctive relief from the English Commercial Court requiring the proceeds of sale to be paid into an English Court account. Injunctive relief obtained in support of arbitral proceedings which were then commenced by claimants (LCIA and LMAA, London seat, English law as governing law of contract).
• Enforcement of LMAA award: Dispute concerning the construction and delivery of platform supply vessels. Late-stage representation of defendant shipbuilder in English court proceedings following LMAA arbitral award (London seat, English law as governing law of contract) and the granting of an anti-suit injunction by the English court against the defendant, including issues concerning personal liability of directors for contempt of court. 
• Individual Shareholder v. Emerging Market Oil/Gas Company: English Chancery Court proceedings. Advised defendant in proceedings brought by an individual claiming to have purchased shares in a large oil and gas company, but claiming a failure in the printing and delivery of the share certificates.
• Defrauded Investor v. Individual: Representation of investor in its recovery of approximately $30 million which had been invested in a Ponzi scheme. This included successfully obtaining a freezing injunction from the English Commercial Court against the defendant who had orchestrated the scheme.