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Environment & Energy

Environment & Energy

Environmental issues have been a feature of Gillian’s practice for many years. In particular, she gained significant exposure to environment-related disputes and transactions during a long-term secondment to an international environmental services corporation active in the waste, water, transport and energy sectors. Gillian co-led the Pinsent Masons team responsible for the Queen Mary University of London/Pinsent Masons Future of International Energy Arbitration Survey Report 2022. Selected examples:

Arbitration, mediation and litigation

  • Party-appointed arbitrator in two commercial cases in the energy sector (SCC, Stockholm seat).

  • Mediation counsel to a NYSE-listed chemical manufacturer in relation to an environmental dispute in Europe concerning waste and wastewater treatment and landfill remediation.

  • Mediator in disputes involving environmental nuisance.

  • Mediator in right of way disputes.

  • Arbitration for the owner and operator of a chemical manufacturing plant in the Middle East (ICC, London seat).

  • Arbitration for a Middle Eastern petrochemicals company relating to a supply contract (ICC, London seat).

  • Representation of a European environmental services company in an ICC arbitration arising out of a BOT project for the construction of a waste management plant in Asia (ICC, The Hague seat). Parallel public inquiry on related environmental issues.

  • Arbitration for an Asian national energy corporation in relation to environmental technical services performed offshore Africa (ICC, Paris seat).

  • Arbitration for a European chemical manufacturer and distributor against a chemicals and materials technology company (Ad hoc, Paris seat).

  • Investor-State arbitration relating to a water pipeline project in Africa affected by civil conflict (ICC, London seat).

  • Arbitration for a public works authority of a Middle Eastern State in regard to disputes arising out of the construction of a water distribution system. Claims related to management of water sources (ICC, Paris seat).

  • Litigation: representing a ferry company in relation to damage to a salmon farm.

  • Litigation: representing an agricultural business in relation to a water and boundary dispute.

  • Litigation: personal injury cases arising out of exposure to hazardous substances.

Advisory

Environmental issues arising out of construction and infrastructure projects. Selected examples:

  • Risk analysis and pre-arbitration strategy advice for a chemical manufacturer in relation to an environmental dispute in Europe. Polluted industrial site and liability further to acquisition.

  • Pre-arbitration advice to US manufacturer and distributor of chemicals and solvents.

  • Pre-arbitration advice to European environmental services company in the waste management sector regarding a potential ICSID arbitration against a Middle Eastern State.

  • Pre-arbitration assistance to an African State-owned entity in relation to a potential arbitration arising out of a concession contract for the development of a game reserve. Conservation and sustainability issues.

  • Risk analysis of contract documents for a European company in relation to disposal of nuclear waste.

  • Assisting a European contractor in the negotiation of a high value long-term contract for the collection of household, medical and industrial waste in a Middle Eastern city.

  • Assisting a consortium in relation to a facilities management contract in South America (waste, water, energy).