Tom is a Partner specialising in International Arbitration. He has a broad range of arbitration experience, with particular expertise in energy disputes and disputes about pricing/valuation.
Tom has acted as counsel in well over 30 arbitrations, with values in dispute regularly running to billions of dollars.
Specialising in arbitration for the past 14 years in Paris and London, he has represented clients in commercial arbitrations under contracts with governing laws in an array of civil- and common-law jurisdictions, as well as in investment-treaty arbitrations.
He is a Solicitor Advocate and has substantial experience of oral advocacy and cross-examination.
Tom has conducted arbitrations with seats in jurisdictions including England, Switzerland, Singapore, France, the Netherlands, Sweden, and Qatar – and proceedings under the ICC, LCIA, UNCITRAL, and SIAC Rules, as well as ad hoc arbitrations. He also has significant experience advising on enforcement and annulment proceedings and other proceedings before national courts.
He has experience in a broad range of sectors (e.g., energy, metals and mining, construction, technology, telecoms, manufacturing, pharmaceuticals, private equity).
However, he has particular experience in disputes in the energy sector (oil and gas and renewables) and has regularly represented some of the world’s largest energy companies in sensitive, high-value disputes.
He has also represented clients in numerous arbitrations and expert determinations regarding pricing and valuation – and has substantial experience of working with economic and valuation experts.
Tom also accepts appointments as arbitrator and is a Fellow of the Chartered Institute of Arbitrators.
Prior to joining Carter-Ruck, Tom spent 14 years with one of the world’s leading international arbitration firms in Paris and in London. Before that, he obtained a Masters in Classics from Merton College, Oxford, a Graduate Diploma in Law at City University, and completed his LPC at BPP Law School. He speaks French.
Tom has substantial experience in representing clients in arbitrations under contracts with governing laws of both civil- and common-law jurisdictions, as well as in annulment and enforcement proceedings in the courts of numerous jurisdictions.
Representative experience in cases involving civil-law systems of law includes:
- Representing a leading European energy company in an UNCITRAL arbitration with another leading European energy company about the gas price under a long-term contract, securing the dismissal of claims by the counterparty worth over EUR 1 billion. Also advising on annulment proceedings before the Court of Appeal of The Hague and the Dutch Supreme Court. The case raised complex issues of res judicata and contractual interpretation
- Representing a Gulf State-owned energy company in an ICC arbitration about the gas price under a long-term supply contract – and securing the dismissal of claims worth hundreds of millions of U.S. dollars. The contract was governed by a civil-law system of law, and the seat of the arbitration was in the Gulf State.
- Representing a leading European energy company in an ongoing ad hoc arbitration with an Eastern European energy supplier about under-deliveries of gas under long-term supply contracts – with a value of billions of Euros. The contracts were governed by a civil-law system of law, and the arbitration’s seat was in a Scandinavian country
- Representing a State in the Caucasus region in an ongoing ICC arbitration with the owner of a hydroelectric project about the termination of a contract and the Fair Market Value of the project, with a value in dispute of over USD 1.5 billion. The law of the relevant State was applicable, and the seat of the arbitration is Paris
- Representing a subsidiary of a Gulf State-owned energy company in an ongoing LCIA arbitration concerning the interpretation of tax provisions of a joint-venture agreement, with a value of billions of dollars. The law of the relevant Gulf State was applicable, and the arbitration’s seat is London
- Representing a leading European energy company in an ad hoc arbitration with an Eastern European energy supplier about issues of interpretation of long-term supply contracts with a value of hundreds of millions of Euros. The case settled. The contracts were governed by a civil-law system of law, and the arbitration’s seat was in a Scandinavian country
- Representing a Scandinavian national power company on various claims under long-term supply contracts governed by a civil-law system of law, including for price revisions
- Representing a Thai latex glove production company in a dispute with its European shareholder relating to a joint venture, as one of a number of ICC arbitrations with a total value of hundreds of millions of Euros. Also advising in relation to an array of national court proceedings. Thai law was applicable, and the seat of the arbitration was in Zürich
- Representing a U.S. listed company in an ICC arbitration about the termination of a joint venture with a European nuclear fuel designer, with a value in dispute of over USD 50 million. The case settled. Swiss law applied, and the seat of the arbitration was in Switzerland. Also advising in relation to parallel Delaware proceedings
- Advising a subsidiary of a European industrial gas production company as claimant in an ICC arbitration with an Asian steel manufacturer about the purported termination of a supply agreement, with a value in dispute of c. USD 50 million. The client’s claims were granted. The law of the Asian State applied, and the arbitration’s seat was Paris.
Representative experience in cases involving common-law systems of law includes:
- Representing an Asian private-equity company in a SIAC arbitration regarding a disputed, complex share valuation under a contract governed by English law, with a value in dispute of some USD 170 million. The case settled. The seat was Singapore
- Representing a West African State in an ICC arbitration, in which it made successful claims under an English-law guarantee relating to an oil drilling venture, with a value in dispute of around USD 150 million. The seat of the arbitration was London
- Representing another West African State in ongoing ICC arbitrations relating to an alleged contract for the construction of a hydroelectric project and an alleged settlement agreement, with a total value in dispute of over USD 2 billion. The common-law legal system of the West African State was applicable, and the arbitrations’ seat was Paris
- Representing an Asian construction company in a SIAC arbitration with a European contractor about dredging and reclamation works for the construction of a coal-fired power plant, seeking valuable declaratory relief. Malaysian law applied, and the arbitration’s seat was Singapore
- Representing an Eastern European State and State-owned entity in an ICC arbitration with a Western European construction contractor concerning the construction of a toll motorway, with a value in dispute in excess of EUR 100 million. English law was applicable, and the seat of the arbitration was London
- Representing a Gulf State-owned energy company in relation to various high-value joint-venture disputes under contracts governed by English law and the law of the Gulf State
- Representing a State in the Caucasus region in an ICC arbitration with a bank concerning claims under a guarantee relating to a contract for supply of gas and fuel, with a value in dispute in excess of USD 80 million. English law applied, and the arbitration’s seat was London
- Representing an Asian pharmaceuticals company in an ICC arbitration with an Asian pharmaceuticals company arising from the acquisition of a portfolio of assets (which settled). English law was applicable, and the arbitration’s seat was London
- Advising an aluminium production company in relation to expert determinations concerning prices under long-term contracts governed by English law
- Representing a Western European technology company in an LCIA arbitration with a holding company controlled by a Russian businessman concerning the exercise of a call option, with a value in dispute of around EUR 40 million. English law applied, and the arbitration’s seat was London.
- Advising and representing a Turkish telecommunications conglomerate in BVI, English, New York, Curaçao, and Dutch proceedings relating to the enforcement of arbitral awards with a value in excess of USD 1 billion
Tom also regularly advises States and investors on claims and potential claims under bilateral investment treaties. He represented the Indian duty-free investor Flemingo DutyFree in its successful investment-treaty claim under the UNCITRAL Arbitration Rules against Poland (with a value in dispute of over USD 80 million).
Tom has also acted as Tribunal Secretary in various arbitrations.