Business, Contractual, Partnership & Joint Venture Disputes
Complex business disputes are the bedrock of Shipley Snell’s practice. Clients call upon us to litigate “bet-the-company” claims as well as sensitive competition matters. And, as the ownership and operating structures for modern corporations and their assets become increasingly complex, the potential for equally complex disputes related to the ownership, value, and contractual rights and responsibilities of corporate joint venture partners also increases.
With an emphasis in the energy sector, Shipley Snell has helped some of the world’s largest corporations successfully navigate, untangle, and defend joint venture interests. Upstream, Shipley Snell has assisted clients in disputes related to accounting, audit, and overhead issues arising from deep water drilling joint operating ventures. Downstream, Shipley Snell has represented multi-national petrochemical and refining companies in highly complex valuation and joint venture disputes relating to multi-stream petrochemical offtake agreements, feedstock supply and logistics disputes, technology licensing, and joint-ownership asset valuation.
Representative Matters
· Represented a global petrochemical company in a complex international commercial arbitration under CPR rules concerning a long-term petrochemical joint venture.
· Represented major oil company in contract and insurance disputes arising from the collapse of an offshore platform.
· Represented a national wholesale grocery supplier against RICO, fraud, and breach of contract claims brought in Oklahoma, Kansas, and Utah.
· Represented oil company in disputes arising from multiple offshore joint operating agreements.
· Represented a municipality in litigation involving warranty, products liability, and business disparagement claims arising from purchase of self-contained breathing apparatus (SCBA) equipment for fire department.
· Recovered $120 million in counterclaims and declaratory relief in an AAA arbitration that involved complex accounting, non-competition, and contractual issues arising from a 50-year joint venture. In the arbitration, Shipley Snell’s client also defeated all of the damage claims against it, which exceeded $200 million.
· Represented a Finnish contractor in an ICC arbitration over the construction of a power plant in Guatemala, including recovery and confirmation in the United States District Court and Fifth Circuit Court of Appeals of a significant award.
· Represented a power generation facility owner in an AAA arbitration arising from an Engineering, Procurement, and Construction contract dispute for the re-firing of a natural gas power plant. The arbitration involved contractual interpretation issues among others. Shipley Snell’s client achieved significant savings in a favorable settlement. J.V. Industrial Companies, Ltd. v. Victoria WLE, L.P., No. 70-198-Y-00756-08 (AAA).
· In AAA arbitration, represented a joint venture partner in a valuation dispute with another joint venture partner regarding ownership of a propylene oxide and styrene monomer manufacturing facility and related styrene chemical offtake agreements.
· Represented a consulting firm in litigation involving partnership and fiduciary disputes.