Bruce Macaulay focuses on international arbitration and commercial litigation. Previously a co-head of the international arbitration team in a leading dispute resolution law firm in London, he joined Skadden as counsel in 2006. He is ranked as a leading individual by Chambers (2008-2010) in international arbitration; the Global Arbitration Review (2007) commented that he is “regarded around the market as one to watch”; and the Legal Business Arbitration Report (2007) described him as “a definite arbitration star in the making.”
Mr. Macaulay concentrates on ICSID, ICC, LCIA, LMAA, and ad hoc arbitrations, mediation and expert determination. He is a solicitor advocate (and has rights of audience in the High Court); secretary of the Oil and Gas Arbitration Club; a member of the Legal Advisory Task Force to the Energy Charter Secretariat; and a member of the London Court of International Arbitration. Mr. Macaulay lectures regularly on arbitration, mediation, expert determination, enforcement, and bilateral and multilateral investment treaty issues.
His recent experience includes:
acting for an international investment bank in connection with disputes arising under certain structured finance products involving proceedings in London and New York (in excess of US$1 billion);
acting in the prosecution of a claim under a shareholders agreement in an LCIA arbitration in London (in excess of US$1 billion);
acting in the defence and counterclaim of a dispute under a share sale agreement brought by Yukos in LCIA arbitration in London (US$18 billion);
advising in the prosecution of an arbitration under the Energy Charter Treaty against the Government of Georgia (ICSID);
acting in an expert determination for an oil major in connection with a share sale agreement;
acting in the prosecution of a claim under a share sale agreement (London High Court), and advising on related arbitral proceedings and court actions in a number of jurisdictions concerning the protection of minority shareholder interests;
acting in an expert review in connection with a share valuation dispute under a shareholder’s agreement;
acting for an oil company against a Kazakh company in an oil supply dispute resolved by UNCITRAL arbitration administered by the LCIA in London, with elements of English and Kazakh law;
defending a Scandinavian power company in ICC arbitration proceedings in London, against a U.S. energy company in connection with a share sale agreement and representing the same party in a related expert determination;
acting for an international bank in disputes arising in New York and London in connection with certain trading counterparties;
acting for an international investment bank in connection with issues arising out of a share sale agreement;
advising in relation to a dispute between two oil majors under a long term gas supply agreement; arbitration in Oslo, under Norwegian law and representing the same party in a related expert determination;
successfully defending the government of Georgia in an ICSID arbitration brought by an international consortium of construction and project finance companies. The dispute was related to the construction and operation of a hydroelectric power station in Georgia and was subject to Georgian law;
advising on bilateral and multilateral investment protection treaty issues (most recently, the Energy Charter Treaty, the Greece/Georgia BIT and the Iran/Turkey BIT);
advising a U.K. power plant in relation to its long-term supply contracts and its claims with various counterparties arising out of its financial restructuring;
acting for a major oil company in relation to a dispute with an oil trader concerning the supply of Kyzyl-orda crude oil from Kazakhstan;
advising on netting agreements, gas swap and trading disputes under standard form contracts in relation to both the Enron and TXU situations;
advising in connection with the long-term supply of alumina to an aluminum smelt in Romania and LCIA arbitration in London, subject to English law;
serving as counsel for a Georgian Government Ministry in the defence of arbitral proceedings culminating in a jurisdiction battle and ad hoc arbitration in London;
resisting the enforcement of an Indian arbitral award in the London High Court on the grounds of incapacity;
acting for a European bank in relation to a dispute arising out of a share transfer agreement in LCIA arbitration in London, subject to Czech law;
advising in relation to the defence of a claim brought by Australian buyers in relation to the supply of fertilisers from Europe in UNICTRAL in London;
acting for an Indian telecommunications company against a North American public company in ICC arbitration in London, subject to New York State law;
acting for an Indian corporation against a German contractor and ICC arbitration in London, subject to Indian law;
advising ship owners in the context of the termination of a long-term charter in ad hoc arbitration, under English law, in London;
acting for major U.S. oil companies, oil traders, charterers and ship owners in a broad range of shipping, trading and energy-related disputes. This includes disputes in relation to the contamination and specification of oil and gas cargoes, price disputes and quantity disputes; and
advising Russian buyers (in default under five shipbuilding contracts) against Croatian shipbuilders.
Mr. Macaulay is regularly invited to speak at oil and gas-related conferences on international arbitration and bilateral and multilateral investment treaty issues.
Presentations
“Upstream Oil and Gas,” (2006) a substantive workshop on dispute resolution and the impact of the Energy Charter Treaty and Bilateral Investment Treaties in the energy context;
“Optimizing PSC’s and JOA’s for Sustained E&P Growth” Seminar (2005), a presentation on Bilateral and Multilateral Investment Treaties;
“Contract Risk Management in Upstream Oil and Gas Europe 2005,” substantive workshop on international arbitration and dispute resolution for contractors and operators;
“How to Optimise PSCs and JOAs for Sustained E&P Growth,” (2004), a presentation on the examination of investment treaty protection for the Bilateral and Multilateral Treaties;
“Contract Risk Management for the LNG Supply Chain,” (2004), a presentation on managing conflict before it spirals out of control: dispute resolution and mediation;
“How to Manage the Evolving Relationship between NOCs and IOCs Through Effective Production Sharing Agreements,” (2004), a substantive workshop on arbitration and dispute resolution in the PSA context;
“Oil, Gas and Power in Europe - The New Challenges,” (2003), a presentation on LNG from a litigator’s perspective;
“Contract Risk Management for Oil and Gas in the Middle East,” (2003), a substantive workshop on dispute resolution and ADR in the Middle East;
“Gas to Liquids VI,” (2003), a presentation on political risk and managing disputes in the context of the GTL industry;
“LNG conference,” (2003), a presentation on managing risk in the LNG contractual chain.
