Energy, intellectual property and commercial arbitration and litigation
Mike Lennon is a trial partner at Baker Botts with extensive experience in the arbitration and litigation of international and national disputes in the energy and natural resource sectors. He also has substantial experience handling intellectual property and other commercial disputes. He acts on behalf of clients before the leading international arbitral institutions, including ICSID, ICC, LCIA and the Dubai International Arbitration Centre, as well as national courts. He performs his own advocacy and has argued numerous cases to arbitral tribunals, courts, and juries, as well as enforcement, annulment and appellate proceedings arising from his matters. He also acts as an arbitrator.
Mr. Lennon’s energy and natural resources experience covers a wide range of arbitrated and litigated matters, including disputes involving production sharing agreements, licenses, concessions and other host state agreements, oil and gas royalty disputes, pricing and other disputes under short and long-term commodity agreements, disputes arising out of joint operating and joint venture agreements, disputes concerning the design, operation and management of drilling rigs, disputes involving nuclear and conventional power plant design, construction and operation and other arbitration and litigation matters arising out of commercial disputes in the energy and natural resource sectors.
Recent examples of his work in the energy and natural resource sectors include advising international oil companies on contractual and international law issues arising out of the Middle East, North Africa and South America, advising a major international engineering and construction company on a dispute arising from a mining project in Africa and acting for a UK oil and gas company in LCIA arbitration involving a rig management agreement. He currently serves on the advisory board of the Institute for Transnational Arbitration and the advisory board of the Institute for Energy Law of The Center for American and International Law.
In the intellectual property sphere, Mr. Lennon’s experience includes patent, trademark and copyright infringement, trade secret misappropriation, licensing and false advertising disputes. Mr. Lennon also has experiences representing companies and individuals in international jurisdictional disputes and international political asylum matters.
Following graduation from law school, Mr. Lennon served as a law clerk to the Honorable Donald E. O’Brien of the United States District Court for the Northern District of Iowa.
Energy and Natural Resource Matters
- International oil and gas company – advising on rights, remedies and protections arising under licenses, investment agreements and investment treaties in relation to potential adverse action by South American government against fully integrated oil and gas project
- International oil and gas company – advising on contractual and international law rights, remedies and protections in relation to civil unrest, international economic sanctions, regime change and political succession affecting investment in MENA region
- PT KaltimPrima Coal, Sangatta Holdings Limited, and Kalimantan Coal Limited – ICSID arbitration brought by the Provincial Government of East Kalimantan claiming entitlement to interest in a coal mining operation in the eastern coastal area of the province
- International engineering and construction company – advising on dispute arising from termination of engineering and construction contract involving iron ore mine in West Africa
- Caspian region oil and gas company – advising the company in a precontentious matter concerning a take-or-pay and gas price review disputes under long-term gas sales contract governed by ICSID and ICC dispute resolution provisions
- Oil and gas company – represented largest US independent oil and gas company in ICC arbitration concerning shareholder rights in Caribbean ammonia plant
- Middle Eastern and Norwegian oil companies – LCIA arbitrations arising out of termination of interests in oil production sharing arrangements in Kurdistan
- UK oil and gas company – acted for company in LCIA arbitration arising from termination of rig management agreement
- South African gas company – disputes arising under joint operating agreement concerning asset in West Africa subject to AAA arbitration provision
- Indonesian E&P company – International Centre for Dispute Resolution arbitration relating to an oil and gas joint operating agreement concerning a mud volcano near the drilling site
- Wärtsilä Finland and Wärtsilä Guatemala – ICC arbitration arising out of construction and operation of a power plant near Puerto Quetzal, Republic of Guatemala
- Large U.S. petrochemical company – representation in AAA arbitration of claims arising out of a 50-year joint venture with a major German petrochemical company
- SRW Cogeneration Limited Partnership – representation in AAA arbitration filed by PG&E Energy Trading-Power LP concerning a gas tolling agreement and parent company guarantee
- Swiss and Middle Eastern claimants – Dubai International Arbitration Centre arbitration concerning share sale under Put Option in Shareholders’ Agreement governed by UAE law
- Middle Eastern development company – advising on portfolio of construction arbitrations and litigations arising out of numerous projects in GCC region
- Helnan Hotel International A/S – Danish hotel group’s ICSID arbitration and annulment proceedings the Arab Republic of Egypt under the Danish-Egyptian Bilateral Investment Treat arising out of the Egyptian government’s violation of Helnan’s rights, inter alia, to fair and equitable treatment and compensation for expropriation under the treaty
- Belgian and American diary companies – ICC arbitration and Dutch enforcement proceedings concerning post-acquisition claim for breach of reps and warranties
- Samsung Electronics Co., Ltd., and Samsung Electronics America – patent infringement claim involving circuit and signal processing patents
- John R. Brune v. HBO – individual’s trademark infringement claim concerning slogan “The Heart and Soul of Boxing” tried to a jury in SDNY
- Dell Computer Corporation – patent infringement claim involving power management functions in computers and monitors
- Ulterra Drilling Technologies LP – defense of a trade secret claim involving drill bit technology and prosecution of post-closing adjustment claim against former owners
- Romanian journalist and family – obtained political asylum
Publications, Speeches and Presentations
- Chapter on United States Arbitration in GAR Reference, 2010-11 (with Ryan E. Bull)
- International Module Chair, 63rd Annual Oil & Gas Law Conference, Institute for Energy Law, Houston, February 2012
- Instructor, International Dispute Resolution, CWC MBA Program, Houston, October 2011
- Annulment and Suspension of ICSID and Non-ICSID Arbitration Awards, IV Seminario Internacional De Arbitraje, Procuradoria General Del Estado Ecuador, Quito, October 2011
- Faculty, 22nd Annual ITA Workshop, The Merits Hearing: Getting the Message to the Tribunal, Dallas, June 2011
- Panelist, ICDR-AIPN Conference, Dispute Resolution in the International Oil & Gas Business: CIS and Europe Oil and Gas Disputes, Houston, April 2010
- Claims and Disputes in the Current Economic Climate, International Lawyers Conference, Dubai, March 2009
- Panelist, Dispute Resolution Program, IEL-SEERIL Oil and Gas Conference, London, November 2008
- Arbitration Across the Pond: Lessons to be Learnt from Enduring Popularity, Disputes Resolution: Making Arbitration Deliver, The Law Conference, London, October 2008
- Commercial Oil and Gas Disputes:LNG Project as a Hypothetical Case, 2nd International Oil and Gas Conference, World Petroleum Council and the Energy Institute of England, London, September 2007