templars dispute resolution profile

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DISPUTE RESOLUTION PRACTICE

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Page 1: Templars Dispute Resolution profile

DISPUTE RESOLUTION PRACTICE

Page 2: Templars Dispute Resolution profile

Our Dispute Resolution Practice provides a broad range of legal advice and representation for a wide variety of clients ranging from international oil companies to multinational corporations, major financial institutions and high‐profile individuals.

We have expertise in Litigation (including a strong trial capability), International and Domestic Arbitration, as well as Alternative Dispute Resolution methods such as mediation, conciliation and negotiation.

Our knowledge and experience from our consistent engagement in managing and resolving energy and tax disputes in several complex and often ground‐breaking disputes is deep and unrivalled.

Our Dispute Resolution Practice

www.templars-law.com Dispute Resolution Practice 02

"Their performance is exceptional ‐ timely

delivery of services and very professional. They

have a very strong strategic and practical

approach.”

‐ Chambers Global Guide to the Legal Profession, 2015 edition

Page 3: Templars Dispute Resolution profile

Some of our recent cases:

Currently advising Petrobras B.V. in a potential dispute relating to its rights to a renewal of three Oil Mining Leases ‐ with a combined production capacity of about 600,000 barrels per day ‐ under the Oil Mining Lease Deeds and the Petroleum Act.

Successfully represented Societe Internationale de Telecommunication Aeronautiques (SITA), a world leading air transport IT and communications specialist, in a tortuous suit for damages over an alleged inducement of the Federal Airport Authority of Nigeria's (FAAN) to terminate Maevis contract for the provision of Common User Terminal Equipment services to the Nigerian Airports.

Advised an energy multinational on regulatory‐optimal options (and related implications) for Group restructuring towards eligibility for Bilateral Investment Treaty relief, ahead of potential investment dispute with the Nigerian Government.

Represented and secured a Landmark Judgment in favour of Total E & P Nigeria Limited in a tax dispute with the Federal Inland Revenue Service concerning the application of the Official Selling Price as opposed to Realisable Price in the computation of the petroleum profits tax liability for its JV operations.

Successfully represented and obtained an arbitral US$2 billion‐plus award for ExxonMobil and SNEPCo in respect of a crude entitlement dispute with the Nigerian National Petroleum Corporation (NNPC) arising from a Production Sharing Contract between both companies and NNPC.

Successfully obtained a judgment of the Federal High Court of Nigeria in effectively restoring the jurisdiction of the Tax Appeal Tribunal over matters relating to federal taxes.

Represented Statoil at the Federal High Court and Court of Appeal in its dispute with a local consulting entity's claim for a net profit interest in Statoil's hydrocarbon acreages in Nigeria, based on an alleged oral agreement allegedly in 1993.

Representing the Contractor of a Production Sharing Contract in a potential cost recovery arbitration of over US$1.5billion against the State Oil Corporation.

Represented ExxonMobil in litigation against the Nigerian Government regarding the revocation and renewal of its Oil Mining Leases.

Representing Mobil Producing Nigeria Unlimited in over 50,000 law suits brought against it by various individuals and communities in the Niger Delta region and Lagos arising from a rupture in the Idoho oil pipeline resulting in over 40,000 barrels spill of crude oil into the marine environment.

www.templars-law.com Dispute Resolution Practice 03

Clients are positive about the team's commercial nous and

ability to "get to the crux of the specific challenges."

‐ Chambers Global Guide to the Legal Profession, 2014 edition

Page 4: Templars Dispute Resolution profile

Some of our recent cases:

Successfully represented Telegraph Media Group UK, publishers of the Daily Telegraph of London, in a $350 million libel claim instituted by Multilinks Telecommunications and Telkom SA Limited at the High Court of Lagos following an article published in the print and online editions of the Sunday Telegraph of London.

Represented Hyundai Heavy Industries (HHI) in an international arbitration in Seoul, South Korea and Lagos Nigeria, against Sirpi Alusteel in a claim of over US$12.5 million which arose from the Edop Gas Injection Project, offshore Nigeria.

Currently defending Google Inc. and YouTube Inc. in a significant claim brought against the companies at the Edo State High Court, Benin arising from allegations of breach of privacy rights of the Plaintiff by Google and YouTube for allowing the publication of a nude video of the Plaintiff on the internet.

Successfully represented Phillips Oil Company Nigeria Limited, a subsidiary of ConocoPhillips, in a tax appeal challenging the Federal Inland Revenue Service's decision to exclude interests incurred on intra‐group or related company loans in its computation of the company's petroleum profits tax liability for its petroleum operations. Represented two respondents in a US$4 billion UNCITRAL arbitration and related litigation arising out of a pre‐emption rights dispute among shareholders of a leading emerging markets telco.

Successfully represented Total Upstream Nigeria Limited (Total) in a dispute initiated by Ladol Integrated Logistics Freezone Enterprises for the termination of its joint venture agreements with its JV partner, Samsung Heavy Industries for the construction and fabrication of the Egina Production Storage and Offloading (FPSO) vessel for OML 130 for which Total is operator.

Currently representing ExxonMobil and SNEPCo in several tax appeals at the Tax Appeal Tribunal challenging the FIRS' wrongful computation of Education Tax and Petroleum Profits Tax assessments.

Successfully represented the Heineken subsidiary, Nigerian Breweries Plc in a successful ground‐breaking arbitration arising from the “take‐or‐pay” provisions of a Gas Sale and Purchase Agreement between the company and its gas suppliers.

www.templars-law.com Dispute Resolution Practice 04

“The whole team at Templars showed good knowledge and professionalism……very pragmatic”.

‐ IFLR 1000, 2013 edition (Client testimonial)

Page 5: Templars Dispute Resolution profile

Key Contacts

Adewale ('Wale) AtakePartner & HeadLitigation & ArbitrationT: +234 (0) 803 308 8759E: adewale.atake@templars‐law.com

Igonikon WhyteManaging CounselLitigation & ArbitrationT: +234 (0) 803 306 1657E: igonikon.whyte@templars‐law.com

Page 6: Templars Dispute Resolution profile

OFFICE LOCATIONS

Lagos

5th Floor, The Octagon

13A, AJ Marinho Drive

Victoria island

Lagos

Tel: +234 1 46 11 294, +234 1 2703982

+234 1 2799396, +234 1 4611889-90

Fax: +234 1 27 12 810

Email: [email protected]

Abuja

3rd Floor, Metro Plaza

Plot 991/2, Zakaria Maimalari Street,

Central Business District

Abuja

Tel: +234 9 273 1898

+234 9 273 1877

www.templars‐law.com

www.linkedin.com/company/templars

twitter.com/templars_law