Peter Frilay

Lawyers

Senior associate
Paris

peter.frilay@gbsdisputes.com
+33 7 88 26 19 67

Peter Frilay is a senior associate at Gaillard Banifatemi Shelbaya Disputes.

Peter is an Australian and English-qualified lawyer focusing on energy disputes. Prior to joining Gaillard Banifatemi Shelbaya Disputes, he was an associate at Shearman & Sterling LLP in Paris where he practised for six years, and previously worked as an associate at Herbert Smith Freehills LLP in Melbourne.

Peter represents and advises companies, States and State-owned entities in commercial and investment treaty disputes and has acted on arbitrations conducted under the auspices of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Settlement of Investment Disputes (ICSID), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Netherlands Arbitration Institute (NAI) and the Stockholm Chamber of Commerce (SCC).

Peter additionally spent nine months on secondment with the State-owned gas entity of a North African country, gaining meaningful experience in all technical and operational aspects of a public gas company, at the same time developing a thorough understanding of an international arbitration user’s perspective.

INCLUDES REPRESENTATION OF:

Energy disputes

A national oil company in a dispute arising from the impact of shortfalls under a major upstream concession on the company’s own supply obligations under its long-term downstream sale agreement with the concession holder.
A company in the oil and gas sector in a dispute against a rig manufacturer.
A Middle Eastern national oil and gas company in three disputes (and associated negotiations) with a major international oil company relating, respectively, to the review of the price applicable under a long-term natural gas supply agreement, the correct invoicing procedure under that agreement, and the allocation of gas between the partners. The law of the Middle Eastern State applies. Over USD 2 billion is at stake.
A State-owned oil company in an expert determination concerning crude oil pricing.
An African national oil company in 11 disputes against an international oil company. The disputes concern inflated cost recovery claimed and collected by the IOC and its predecessor in title under 11 concession agreements. The law of the African State applies. More than USD 250 million is at stake.
Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration in Vilnius against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute concerned the operation and management of a 15-year district heating concession in Vilnius and Lithuanian law applied. Veolia initiated the arbitration and advanced claims in the region of EUR 50 million. Our clients counterclaimed and secured an award in their favour for a net value of approximately EUR 56 million.
Sonangol E.P., Respondent, in three parallel NAI arbitrations in Amsterdam against Exem Energy B.V., a holding company beneficially owned by Isabel dos Santos. The dispute related to high-profile matters of embezzlement, corruption and money laundering in relation to a share sale and purchase agreement. Dutch and Angolan law applied. Sonangol enjoyed complete victory in all three cases, including findings in the main NAI arbitration that the relevant transaction could only be explained as an example of “grand corruption”. As a result, the relevant transaction has been declared null and void and Sonangol has been restored to its 100% shareholder position.
A subsidiary of Sonangol in an LCIA arbitration in London against a European holding company beneficially owned by Isabel dos Santos. The dispute related to high-profile allegations of embezzlement, corruption and money-laundering and to the management and dissolution of a consortium for offshore gas exploration. English and Angolan law applied. The proceedings were terminated after the claims against Sonangol’s subsidiary were withdrawn.
A natural gas seller in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by a Spanish gas buyer. The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
Egyptian Natural Gas Holding Company (EGAS) and Egyptian General Petroleum Corporation (EGPC), Claimants in a CRCICA arbitration in Cairo against East Mediterranean Gas S.A.E. (EMG), arising out of a long-term gas supply contract between EGAS, EGPC and EMG relating to the export of Egyptian gas to Israel. USD 4 billion was at stake.
An oil and gas company in the initial phases of an investment dispute against a joint venture partner.
A mining company in a post-M&A dispute involving a processing facility. Local law applied.

Other disputes

European franchisees, Respondents in an LCIA arbitration in Paris initiated by a North American quick-service restaurant chain. The dispute arises from an agreement to exclusively develop and operate quick-service restaurants in a European country. Issues include adherence to development obligations, system adequacy, site approval rights, potential contract breaches, and remedies entailing alterations to territory and exclusivity. Over EUR 67 million is at stake.
A confidential party in an arbitration brought under the Rules of Arbitration of the Vietnam International Arbitration Center concerning allegations of sophisticated fraud. Local law applied.
A confidential client in an ICC arbitration regarding allegations of corruption and its civil consequences. English law applied.
A confidential client in a major enquiry before an investigatory commission concerning allegations of corruption and misuse of public office.

Advisory work

A major oil company on a series of agreements to effect a multi-billion dollar settlement through amendments of existing concessions, sale of assets and grant of right regarding exported products.
In view of shortfalls under import agreements entered into by a major oil company, reviewing and assessing all export agreements, including with several major IOCs in order to minimise the quantities to be supplied under the export agreements and to use the available products for domestic consumption.
Advising a State-owned company on a long-term gas supply agreement and associated cross-border gas transportation agreement.
Advising a major oil company on its anticipated acquisition of a stake in a major gas field in a neighbouring country and its construction of an associated processing facility, including investment treaty advice, the structuring of the investment vehicle, and the drafting of all associated upstream, midstream and downstream contracts.
Representing and advising the Arab Republic of Egypt in the negotiation of a Memorandum of Understanding with inter alia the European Union regarding exports of East Mediterranean natural gas into the EU.
Representing a national oil company in the negotiation of the purchase of a majority stake in an oil services company, the reorganisation of the target company’s debts as well as an associated capital raise.
Advising a Middle Eastern national oil company on its restructuring and the restructuring of its affiliates in order to minimise the risk of attribution of the NOC’s conduct to the parent State.

Lawyers

Peter Frilay

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Energy disputes

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