FacultyFaculty/Author Profile

Michael D. Young

JAMS

New York, NY, USA


Michael Young (MA (Cantab), BCL (Oxon)) is a Partner in the International Arbitration Group of Herbert Smith LLP.  He specialises in international arbitration in a range of industries, with particular experience in the fields of energy, chemicals and natural resources, as well as large-scale infrastructure projects.

He acts as an advocate before arbitral tribunals in a range of jurisdictions and is experienced under the rules of the major arbitral institutions (including the ICC, LCIA, and ad hoc under the UNCITRAL Arbitration Rules).  Many of his cases involve applying systems and principles of law other than English.  He also sits regularly as an arbitrator. A UK national, he originally qualified as an English barrister.  He has been an English solicitor since 1996, and based in Paris since 2006.

Michael's major work includes acting for or advising:

- a leading European energy company in a price-reopener dispute concerning a contract for the supply of LNG into the Spanish market (under the ICC rules; seat: London; applicable law: New York);

- the same leading European energy company in a further price-reopener dispute concerning a different contract for the supply of LNG into the Spanish market (under the UNCITRAL Rules; seat: London; applicable law: English);

- a leading NOC in a suite of inter-related disputes (under both the ICC and the LCIA Rules) concerning the construction of off-shore and on-shore facilities in the largest gas project in a particular Caspian state (seats: London, Geneva and the capital of the relevant state; applicable laws: English and that of the relevant State);

- a global energy super-major in a range of disputes (under the ICC, LCIA and ICSID Rules) affecting the operatorship and construction of a major oil pipeline - and a related gas pipeline - in the Former Soviet Union and related areas (seats: Geneva and London; applicable law: English);

- a global chemicals company in a major ICC arbitration relating to the production process for polyethylene (seat: Zurich; applicable law: mixture of English and Swiss law);

- a leading European energy company in a price-reopener dispute concerning the supply of LNG into the French and Belgian markets (under the ICC Rules; seat: Geneva; applicable law: English);

- a leading global energy and utilities conglomerate in an ICC arbitration concerning the development of gas fields in Turkey (seat: London; applicable law: English);

- a leading Italian property company concerning the development and financing of a real estate project in Romania (seat: Paris; ICC; applicable law: English);

- a South American state oil company in an LCIA arbitration relating to a joint bidding agreement concerning the development of a concession off West Africa (seat: London; applicable law: mixture of English law and that of the relevant West African state);

a leading Japanese car manufacturer in an ICC arbitration concerning the design and manufacture of a new model (under the ICC rules: seat: Zurich; applicable law, Dutch);

- a leading Middle Eastern telecommunications company in a range of disputes concerning its investment in the telecommunications market in another Arab state (potential seats: London and Geneva; applicable law: English);

- a global energy super-major in an arbitration under the LCIA Rules brought by a US oil company concerning the application of a joint operating agreement in South America for the development of a field in Lake Maracaibo (seat: London; applicable law: mixture of English and Texan law), together with a related mediation concerning the parties' obligations to meet payment demands under the terms of the relevant JOA;

- a leading European energy company in a price indexation substitution dispute concerning the supply of gas into the French market (under the ICC Expert Rules; applicable law: Norwegian);

- the same leading European energy company in a price-reopener/hardship clause dispute concerning the supply of LNG into the French market (under the ICC Rules; seat: Geneva; applicable law: New York);

- a global energy super-major in a dispute over transfer and pre-emption provisions concerning a major refinery and gas storage acquisition (seat: Rotterdam; applicable law: Dutch);

- a global electronics and manufacturing conglomerate in a dispute concerning the distribution agreement regulating the supply of high-end medical equipment into one of the Gulf states (under the LCIA rules; seat: London; applicable law: English);

- a global energy super-major in its dispute (under the LCIA Rules) with a leading industry sub-contractor concerning the significant cost overruns incurred in the construction of a Spar Hull for an offshore platform in the United States (potential seat: London; applicable law: mixture of English and Texan);

- a group of international investors in an ICC arbitration concerning the mobile telecommunications market in India (seat: London; applicable law: mixture of English and Indian).

- a leading European energy company in a price-reopener dispute concerning a contract for the supply of LNG into the French market (under the UNCITRAL rules; applicable law: English; seat: Geneva);

- a US energy major in a contractor dispute concerning a de-gasification project in North Africa (seat: Paris; applicable law: that of the applicable North African state; language: French);

- an Australian minerals company in an ICC arbitration concerning a minerals supply agreement for a Scandinavian customer

- a US energy major in an ad hoc arbitration under the UNCITRAL Rules against a Middle Eastern state oil company concerning the approval of development rights to a major gas project (seat: Geneva; applicable law: fusion of "US", the relevant Middle Eastern state and "general principles of international law"), and advising on domestic proceedings filed in that State after the completion of the arbitral proceedings (as well as possible investor remedies available to the client);

- a European energy major in a dispute concerning the development rights to reserves, and the effect of a Farm-Out Agreement, contained within an area subject to differing jurisdictional claims in the Middle East;

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