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Robert Knutson Cases by type or industry either as Arbitrator or Counsel – A Selected List (E&OE) 08.07.05


Type

Description

Parties

Arbitrator or Counsel

Year/s

International Sale of Goods

 

International Tin Council disputes involving the legal nature of international organisations, the possibility of putting international organisations into receivership and attaching their assets.

Numerous nationalities

CSL

80s

UK v USA

Dispute over the viability of ITC  tin contracts when ITC was defunct worth many millions of dollars.

British and American

CSL

80s

German steel co

Fraud case concerning the sale of rice mills to the Indonesian Dept of Agriculture $20 million value.

German and British

CSL

80s

Mr X

Fraud case concerning recovering money from international fraudster who obtained a $6 million advance for the sale of tractors for a roads project in Kuwait, and then kept the money.  It involved defending a criminal defamation case in Switzerland and extensive use of private investigators.

Brazilian and American

CSL

80s

Intra UK

Fall out over forged accounts, specifically forged inventory.

Jersey and British

CSL

80s

China v USA Seat in London

Chair of ICC arbitral tribunal considering breach of contract claim in relation to coal from China to USA.  Sequential interpretation for Chinese witnesses – Award in favour of Claimant.

Chinese and American

ARB

1997-1999

Switzerland v BVI
Seat in London

Ukrainian grain to Mexico – Award published.

Swiss and BVI

ARB

2000-2001

Mongolia v Russia
Seat in London

$100 million plus (estimate) breach of contract dispute with large elements of public international law.

Mongolian and Russian

ARB

2001-2002

Telecoms

Hardware dispute

Sole arbitrator in breach of contract dispute.

Israeli and Swedish

ARB

2000

Intellectual Property

Bogus inventor

Fraud case recouping money from bogus inventor who claimed to have developed a system better than video, but in fact was using existing Bell rights.

Saudi and British

CSL

1985

Passing off

Defending US company from UK passing off claim.

American and British

CSL

1990

Construction – Airports

Colombo International Airport, Sri Lanka

FIDIC dispute between main contractor and subcontractor.

British and Japanese

CSL

1985

Myanmar

Rangoon International airport dispute between Japanese contractor and government over the effects of civil unrest  - FIDIC.

Japanese and Burmese

CSL

1988

Italy

Advice to German lawyers about the relative allocation of risk in US Government and FIDIC contracts for a US Government contract in Italy.

German and American Govt

CSL

2001

Construction – Dams See also power stations

Malaysia

Advice and preparation of borrow claim regarding earth dam.

Japanese and Malaysian

CSL

80s

HEP

Arbitration advice to contractor – 3 ICC arbitrations commenced.

Nepalese v. Japanese/Chinese JV

CSL

80s

Construction - Roads

Sudan

EOT and additional costs claims.

German and Sudanese

CSL

80s

England

Test track for major automaker – suing designers and contractors for poor quality test track.

English

CSL

80s

Malaysia

East-West Highway – Malaysia – claims preparation and negotiation, including an early (1989) network analysis.

Japanese and Malaysian

CSL

80s

Construction - Ports (See also Contract drafting)

Malaysia

Kota Kinabalu Port - claims for disruption including omission of one of three transit godowns.

Malaysian and Japanese

CSL

80s

Malaysia

Penang port delay and disruption claims.

Malaysian and German

CSL

90s

UK

Dispute of costs of lock construction.

British

CSL

80s

Type

Description

Parties

Arbitrator or Counsel

Year/s

Construction - Tunnels

Channel Tunnel

Channel Tunnel  Head of legal research on common principles of law to England and France and lex mercatoria.

French and British

CSL

90s

SSDS tunnels Hong Kong

Acting for party in termination claim involving the Hong Kong Government

HK SAR and French/Japanese

CSL

90s – 2000

Construction – Buildings  (See also Contract drafting)

 

Refurbishment of hotel – Central London.

 

ARB

2001

 

Luxury restaurant building on Conduit Street London.

French and English

CSL

2002

 

Construction of office block Central London EOT claims.

 

ARB

2002

 

Construction of high rise office block (“Corporate flagship”) in Central London – adjudication of $50 million claim re. “Time at large”.

 

ARB

2002

 

US Embassy, Bahrain claim for defective abstraction of quantities by QS firm.

Lebanese/British/American

CSL

1998

 

Advice regarding form of contract for construction of Japanese Embassy in Moscow.

Japanese

CSL

2000

Construction - Design liability  (See also Roads)

 

Petrol station claim ownership of and liability to hand over electronic copies of design documents - outer London.

 

ARB

2004

Europe

Eurostar trains

 

CSL

1996

France/UK

Channel Tunnel

 

CSL

1992-1995

Construction – Power stations

India

Sole ICC arbitrator by agreement of the parties over bagasse plant dispute.

Indian and French

ARB

2001-2004

Malta 

Advise and claim drafting over whether or not a strike at a port could be an unforeseen physical condition or obstruction under FIDIC 3rd edition.

Maltese

CSL

 

Kuwait

Doha West power station – advice to arbitrator about whether or not a global claim might succeed.

Kuwaiti

CSL

 

New York New York, USA

Chairman of AAA (ICDR) arbitration panel in combined cycle electric power plant.

 

ARB

2004

Construction - Rail

 

Claims preparation and negotiation for the Eurostar trains, including preparation of a very successful CPM network.

French/British JV and 3 national railways

CSL

 

Construction - Plants (See also Drafting below)

 

Urea plant in Iraq – delay advice regarding non achievement of performance specification.

 

CSL

90s

 Iraq

Cement plant in Iraq - claims advice.

 

CSL

90s

UK

Drafting contract for the construction of a new vehicle factory for a Japanese company in the UK.

Japanese and British

CSL

90s

Construction - M&E  (See also Rail)

 UK

Dilapidations claim.

British

CSL

1986

 

HVAC claims central London.

British

CSL

1998

Cayman Islands

Air conditioning claims.

American/British

CSL

1990

Oil and Gas

 

North Sea SPM insolvent main contractor.

 

CSL

Mid 80s

North Sea

Shipbuilding dispute.

 

CSL

Mid 80s

 

Oil pipeline construction dispute.

Russian

ARB

2003

UNCC claim

Oil pipeline.

Turkish

CSL

Early 90s

Type

Description

Parties

Arbitrator or Counsel

Year/s

Construction – Contract drafting

British Columbia

Main contracts for civil works – North East Coal project, Canada.

 

CSL

1981

Malaysia

First draft of shell and core contract for the Petronas twin towers, Kuala Lumpur.

 

CSL

Mid 90s

Saudi Arabia

Drafting all contract documents and related contracts for a port reconstruction project.

 

CSL

1995

Mozambique

Drafting a contract for the proposed reconstruction of the Cahora Basa power plant and transmission lines in Mozambique.

 

CSL

Late 90s

UK - Wales

Drafting the contracts for the introduction of the necessary processes for the production of low sulphur diesel in the Elf refinery (Management contracts).

 

CSL

Late 90s

UK

Drafting contracts for construction management of a building refurbishment in the City of London.

 

CSL

Late 90s

Distribution and Agency

 

Arbitration against German manufacturer on behalf of impecunious American distributor.

German and American

CSL

 

 

Sole ICC arbitrator in claim against French shoe manufacturer by British distributor - Award rendered in 6 months.

German and British

ARB

 

 

American goods - Sole arbitrator - dispute over termination of distribution/agency agreement.

French and American

ARB

 

Insurance and reinsurance

 

Major Insurance group collapse – suit against Venezuelan reinsurer.

British and Venezuelan

CSL

 

 

Suit for fraud against British insurers.

Nigerian and British

CSL

 

Securities

 

 

 

 

 

Listing of Company on NASDAC.

American/Canada

CSL

1982

 

Defending investor (by alleging fraud in return) against claim by liquidator for margin account.

American and Canadian

CSL

1983

Maritime

Charterparty dispute in Admiralty Court.

British

CSL

1985

Miscellaneous

 

Party appointed arbitrator in Joint Venture dispute.

Canadian/Turkish

ARB

2004

 

EC law – several cases dealt with concerned alleged breaches of European law.

 

 

 

Customs

Advice to contractor regarding non respect of bulk import waivers in Iraq.

 

CSL

90s

Worldwide defence of arbitral and court judgments

Successfully defended a debtor against $1.5 billion  worth of arbitration awards and judgments in several jurisdictions.

Korean and 122 banks from around the world

CSL

1993

These are just a few examples of the Court cases I have been involved in. E&OE, 08.07.05

 

           
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