Arbitration and Mediation
Serving as Chairman, Sole arbitrator or Arbitrator in a wide variety of (international) disputes between parties the Americas, Europe, Asia, and Africa in various industrial sectors, including oil & gas, energy generation, process engineering, manufacturing, construction, project development, licensing, IP, ITC, franchising and distribution under UNCITRAL and diverse international institutional arbitration rules.
Arbitrator in LMAA dispute between Ghanaian parties:
London Maritime Arbitration Association proceeding between a port operator and services provider under three services agreements.
ICC Mediator on International Banking Software Development Project:
Mediation under new ICC Mediation Rules between Swiss and Irish parties under multiple bespoke software development contracts.
Facilitating mediated settlements in a variety of other international business disputes and transactions. See International Mediation Institute Mediator profile: https://imimediation.org/shawn-conway
Various ICC arbitrations on Middle East and Asian projects:
Acting for an international dredging company in a variety of disputes on projects in Dubai, Abu Dhabi, and Qatar, as well as South East Asia.
Landmark ECJ decision on Competition Law in Arbitration:
Acting on behalf of a fashion watch manufacturer as counsel in two arbitrations between the manufacturer-licensee and Benetton International as licensor under the rules of the NAI. These matters also involved more than ten related court proceedings arising out of the opponent’s unsuccessful attacks against a final arbitral award, including two Dutch Supreme Court decisions and the European Court of Justice landmark decision concerning the treatment of EU competition law in international commercial arbitration, Eco Swiss China Time Ltd. v. Benetton International N.V., ECJ case 126 / 97.
WIPO arbitration over a failed technology joint venture:
Representing a Netherlands internet technology company in a dispute with its Japanese partner.
ADR Chambers International Arbitration (Toronto):
Representing a Quebec-based manufacturer in an arbitration against a major Brazilian mining firm in connection with the construction of its new Newfoundland and Labrador nickel ore processing facility.
Executive Tribunal Procedure between Major Oil and Chemicals Companies:
Successful one-day resolution procedures resulting in neutral moderated settlement.
Industrial and Infrastructure Projects
Bespoke Greenfield EPC Contract for Refinery Owner (Rotterdam):
Drafting tailor-made EPC contract suitable for billion Euro project financing as part of project tender package.
Various Airport expansion and revamp projects:
Tenders, contract drafting, and negotiation for integrated baggage handling systems, technology licenses, joint ventures and consortiums involving Paris Charles De Gaulle, Heathrow, Hong Kong, Amsterdam Schiphol, and various other airports.
Process Technology License for refining Jet Fuels (USA – NL):
Negotiating multiple technology licenses from US oil companies and technology firms for application at a European refinery.
Plastic Recycling to Fuel Oil:
Preparing technology licensing arrangements for EPC construction and operation of recycling/processing facility.
Slaughterhouse Wastewater Treatment (Mexico):
Chairman of international arbitration tribunal in dispute between turnkey contractor and supplier of process equipment.
Manufacturing & Trade
Structuring Joint R&D Arrangements (France):
Drafting of sensitive contractual terms compliant with European competition rules between potential competitors.
Halting Trademark Infringement by former distributor (USA):
Forcing terminated distributor to cease-and-desist use of European manufacturer’s trademarks and trade names on website and in metatags.
Dispute between Middle Eastern Chemical company and European Tank supplier:
Claim for clean-up costs as a result of leakage from defective tank.
Drafting and advising on distribution contract:
Renegotiation of relationship between South American banana producer and its European importer-distributor.
Tendering and contract advice:
On numerous international tenders throughout Europe, the Middle East, Asia, North and South America for a large number companies internationally active in on-shore and offshore construction, dredging, telecom, waterways, land reclamation, ports, and other infrastructure projects.
Drafting Model Project Development contracts:
As well as advising a Caribbean airport development authority on Airport City Master Plan.
Participation Buy-in by Chinese Company:
Structuring and drafting various acquisition, corporate governance, shareholder and as the documents as well as provision of articles of Association for the purchase of a minority interest in a Netherlands company, with an eye towards eventual full takeover.
Acquisition of US Consumer Goods Manufacturer:
Overall guidance, legal due diligence, and contract drafting for the full acquisition (asset deal) of a US – based business by a Netherlands competitor.
Post take-over dispute (US-NL):
Representation and guidance of the new owner of a company in a post take-over dispute with the former owners.
Sale of factory production line along with Technology License (NL-Germany):
Asset Purchase transactionperformance guarantees and post-installation technical support.
Chinese – Dutch – Belgian Tri-partite Joint Venture:
Drafting the joint venture documents as well as various ancillary trademark licensing, OEM manufacturing, technical cooperation and other agreements.
Research & Development:
Advising and contract drafting for a construction company entering in a cooperation in the area of research & development.