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John C. Gilbert

Partner
+44.(0)20.7360.8122
Fax +44.(0)20.7648.9001

John Gilbert is a partner in the firm’s London office where he is a member of the Oil & Gas and International Arbitration practice areas. Mr. Gilbert has extensive experience of disputes in the energy sector. He has advised on a wide range of disputes including those relating to oil and gas exploration and production, the construction and operation of pipelines and the downstream. He has particular experience of advising on disputes under gas sales agreements, including price reviews and on the operation of take-or-pay provisions. He has also advised on power generation and transmission, including from renewable sources. Those disputes have been resolved through litigation, arbitration, expert determination and mediation. Mr. Gilbert has particular experience of international commercial and investment treaty arbitration and has advised on proceedings in all of the major arbitral institutions.

Mr. Gilbert has also advised on issues relating to business and human rights, the application of soft law such as the OECD Guidelines for Multinational Enterprises and on conducting incident investigations.

Professional Background

Prior to joining K&L Gates, Mr. Gilbert was a partner at another international law firm and worked in-house at an oil and gas supermajor for six years.

Professional/Civic Activities

  • Accredited Mediator
  • Member of the Chartered Institute of Arbitrators
  • Member of the Association of International Petroleum Negotiators
  • Member of the IBA UK Energy Lawyers Group
  • Review Committee of the Energy Arbitrators List

Speaking Engagements

  • European Litigation Summit February 2009, lecture on How can arbitration deliver better – an in-house counsel view
  • International Dispute Resolution Conference December 2009, panel discussion on When to arbitrate, litigate or mediate
  • Corporate In-House Counsel Dispute Resolution Strategies conference March 2010, lecture on The Americanization of Arbitration – Is Discovery Eliminating the Benefits of Arbitration?
  • The Arbitration Club, Oil & Gas Branch Evening Seminar January 2011, talk on The appointment of tribunals - the in-house lawyer's most important role in the arbitral process?
  • CPR Y-ADR Seminar November 2011, panel discussion on What defines success in mediation?
  • CIArb Evening Seminar, September 2012, panel discussion on A to Z of ICC Arbitration
  • Contract Risk Management Forum September 2013, talk on Challenges of International Arbitration
  • 2013 Exploration, Production, Processing Forum in Moscow November 2013, talk on International Energy Co-operation: New Business Opportunities
  • Conference on Energy Arbitration & Dispute Resolution in the Middle East & Africa in London in March 2016, talk on the Influence of the State in Upstream Disputes and led a workshop on Gas Price Disputes

Additional Information

Publications

  • “Multi-party and multi-contract arbitration” a chapter in Arbitration in England (Kluwer, 2013)
  • “Taming Price Review Clauses: Lessons from the Transactional and Arbitration Battlefields”, paper for LNG 18, April 2016
Arbitration
  • Ad hoc arbitration under the UNCITRAL Rules arising from the sale of a downstream fuel distribution business in West Africa
  • LCIA arbitration concerning the ownership of IP rights in relation to a compressor module
  • ICC arbitration relating to commission payable for sales of compressors to the wastewater market in China
  • LCIA arbitration relating to the construction of a hotel
  • ICC arbitration arising from the operation of an oil pipeline
  • Bilateral investment treaty arbitrations at ICSID and under the UNCITRAL Rules following the nationalization of two businesses in a Latin American state
  • Ad hoc arbitration under the UNCITRAL Rules in relation to alleged breaches of an LNG supply agreement
  • LCIA arbitration arising from the construction of the world’s largest semi-submersible drilling and production platform
  • LCIA arbitration in relation to an alleged breach of a distribution agreement for engine lubricants in an eastern European country
  • ICC arbitration in relation to a dispute between weapons manufacturers regarding the scope of a licence agreement
  • LCIA arbitration arising in relation to an agreement to supply minerals from Georgia
  • LMAA arbitrations relating to the loss of a vessel, unpaid hire and condition on redelivery
  • Ad hoc arbitration under the UNCITRAL Rules concerning the use of an oil terminal
  • Ad hoc arbitration under the UNCITRAL Rules in relation to the operation of two Indian offshore oil and gas fields
Litigation
  • Admiralty proceedings concerning the arrest of an FPSO
  • Proceedings in the Commercial Court relating to a failed sale of a cargo of crude oil and the trade finance relating to it
  • Representing a group of investors in relation to English High Court proceedings against professional advisers arising from the failure of investments
  • Group claim commenced in the English High Court by over 100 farmers alleging damage to their properties in Colombia as a result of the construction and operation of an oil pipeline
  • A number of Colombian court proceedings, including disputes with the Ministry of the Environment
  • Coordinating the defence of a large number of court proceedings in Russia
  • Advising on a claim against a former employee for secret profits derived from his employment, including obtaining a freezing order
  • Advising on action to be taken against former employees and contractors for fraud, including pursuing civil claims, bankruptcy proceedings and liaising with police regarding prosecutions
  • Completion accounts dispute subject to expert determination with court proceedings in regarding the conduct of the expert determination
  • Dispute between two major energy companies concerning the termination of virtual power station agreements
  • Advising on a claim against a US company in Chapter 11 under a parent company guarantee

Gas sales agreements

  • Representing buyers and sellers in a significant number of price reviews under agreements for the sale of pipeline gas and LNG and in the determination of those disputes through arbitration
  • Advising on a broad range of disputes under gas sales agreements including on the operation of take-or-pay provisions, the replacement of indices in price formulae, quality of gas, metering and force majeure notices
  • Advising on the drafting of price review provisions
  • While working in-house in a supermajor, advising on all disputes arising in relation to long term gas contracts across the group
Regulatory/investigations
  • Advising on investigations in relation to operational safety concerns on offshore platforms and other facilities
  • OECD Guidelines for Multinational Enterprises: advising on  a number of complaints made to the UK National Contact Point for the OECD Guidelines
  • Human Rights: advising on the obligations on companies to respect human rights and the practical implications of those obligations
Expert Determination
  • Representing clients in expert determinations relating to completion accounts and warranty disputes following the sale of companies and on commercial and technical issues arising under gas sales agreements