Michael Polkinghorne | White & Case LLP International Law Firm, Global Law Practice
Michael Polkinghorne
Michael Polkinghorne

Michael Polkinghorne

Partner, Paris

T +33 1 55 04 58 00

T +33 1 55 04 15 15

E mpolkinghorne@whitecase.com

in LinkedIn profile

Michael Polkinghorne “is a superb arbitrator and phenomenal counsel.”

Chambers Global-wide 2015

Overview

Michael Polkinghorne focuses on advising clients on arbitration and litigation matters, notably in the areas of energy, telecommunications, project finance and infrastructure.

He has served as counsel and arbitrator in numerous arbitrations conducted under most major institutional rules, helping to resolve disputes for a range of significant commercial and sovereign clients. He is the former Australian member of the International Court of Arbitration of the ICC, and a current member of the ICC Task Force on arbitrations involving state entities.

Michael has handled disputes arising in many different countries, and has significant experience in the area of foreign direct investment and acting for and against states. He is able to apply his considerable knowledge and insight, gained through years of experience, to guide his clients through sometimes prolonged and highly complex proceedings.

Michael is consistently ranked in the top tier of arbitration practitioners in Paris, and was named "Energy Lawyer of the Year" at Euromoney's 2014 Global Commercial Arbitration Awards.

In recent years Michael has been involved in a number of mediations, particularly in the industrial gas sector. He has served in some two dozen cases as arbitrator (sole, party-appointed or chair), predominantly in the energy sector, under the ICC, LCIA and UNCITRAL rules. Michael also has a significant transactional practice, advising clients in the energy and infrastructure development fields. He has been involved with a number of petroleum clients on projects in South East Asia, the Russian Federation, India and West and North Africa.

He is presently a member of the Legal Advisory Taskforce of the European Energy Charter Secretariat, and lectures regularly on oil and gas issues throughout the world. He has written extensively on energy dispute resolution and foreign investment, and provides courses on long-term energy contracts and dispute resolution.

Michael is a dual-qualified lawyer, resident in Paris where he heads the office's arbitration group. He is joint-head of the firm's oil and gas practice, as well as pro bono leader of the firm's Paris office.

 

Bars and Courts

  • Paris Bar
  • Solicitor of England and Wales
  • Solicitor and Barrister of the Supreme Court of South Australia

Education

  • LLM, Queens' College, Cambridge University
  • LLB, University of Adelaide, South Australia

Languages

  • English
  • French

Experience

European gas buyers and sellers, 2010 – ongoing

Michael has spent a number of years representing different European buyers and sellers of gas in multiple price reopener disputes.

Joint Venture disputes, 2012 – ongoing

Michael is advising a number of European and Asian clients in the context of JV disputes in areas ranging from energy storage to commercial distribution.

African, Middle-Eastern-owned company, 2009 – ongoing

Michael has represented an African, Middle-Eastern-owned company, in a successful ICC arbitration, conducted in French, with an African State, in connection with public works contracts, as well as enforcement proceedings and annulment actions in numerous jurisdictions worldwide.

Ukrainian state, 2006 – ongoing

Michael has represented the Ukrainian state in several unrelated disputes brought under both contract and bilateral investment treaties.

Scandinavian hydroelectric producer, 2012 – 2014

Michael has advised a Scandinavian hydroelectric producer in the context of disputes under long-term power purchase agreements.

State agency, 2010

Michael represented a state agency in a PCA dispute brought in relation to the Kyoto Protocol.

Arbitrator appointments (various)

Michael has served as Chairman, sole, co- and party-appointed arbitrator in cases involving, inter alia, (a) refinery projects in North Africa and the Middle East, (b) drilling projects in the CIS, (c) PSA disputes in East and West Africa, (d) mining disputes in South East Asia, and (e) various other matters, predominantly in the energy field.

Speaking Engagements

"Stabilization clauses and periodic review mechanisms", November 2015: Complex Contract Negotiations in the Energy Sector (Energy Charter Secretariat),
Brussels

"Oil & Gas Infrastructure Disputes", October 2015: Dispute Resolution in the Oil & Gas Business (AIPN / LCIA),
London

"Gas Price Review disputes", September 2015: ICC International Court of Arbitration's Legal Training Programme,
Paris

"The taking of evidence in international arbitration: state of play", July 2015: IX Congress of the Arbitration Center (Portuguese Chamber of Commerce and Industry),
Lisbon

"The future ain't what it used to be: Gas Price Reopeners: the European Experience", June 2015: 26th World Gas Conference (CWC Group),
Paris

"Main concerns of governments in international energy disputes", May 2015: Energy Charter Legal Forum on Resolution of International Energy Disputes: Peace, Stability and Security (keynote speaker),
The Hague

"The fall in the price of oil and disputes - what effect?", May 2015: GAR Live Energy Disputes (co-chair),
London

"Post-Hearing Activities", March 2015: Eleventh Annual Leading Arbitrators' Symposium, (Juris Conferences),
Vienna

"Setting-up of Claimant's strategy in preparing the Request for Arbitration: analysis of the different procedural options and dispute resolution methods; parties' identification, selection of claims, measures and relieves", October 2014: Advanced PIDA Training on International Commercial Arbitration (ICC Institute),
Paris

"Dealing With The Impact of Issue Preclusion and Res Judicata in Price Revision Disputes", July 2014: 4th Annual Congress on Successfully Negotiating & Renegotiating Long Term Gas Supply Contracts (C5),
Berlin

Publications

  • Author of the Paris Energy Series, a legal periodical which has to date covered (a) unitization of oil and gas fields, (b) gas price redetermination, (c) "pre-contract" agreements, (d) choice of law in international energy contracts, and (e) drafting oil and gas dispute resolution clauses (f) exclusion of liability clauses, (g) take-or-pay conditions in gas supply agreements, (h) standard-form clauses in common and civil law jurisdictions, (i) the force majeure clause, (j) arbitral implications for the oil and gas sector of the Paris agreement on climate change (2009-2016)
  • The Adverse Inference in ICSID Practice, ICSID Review, pp. 1-11, 2015, (co-author with Charles Rosenberg)
  • Price Re-Openers In Long-Term Gas Supply Agreements, (Chapter 12 of The Leading Practitioner’s Guide to International Oil & Gas Arbitration), Juris, August 2015, (co-author with Sven-Michael Volkmer)
  • Key Stakeholders, (Chapter in The Encyclopaedia of Oil and Gas Law, Volume 2: Midstream and Downstream), Globe Law and Business, 2015, (co-author with Tuuli Timonen)
  • Expecting the Unexpected: The Force Majeure Clause, Business Law International, vol.6, n°1, January 2015, (co-author with Charles Rosenberg)
  • Different Strokes for Different Folks? The Role of the Tribunal Secretary, Kluwer Arbitration blog, May 2014, (co-author with Charles Rosenberg)
  • Changes of circumstances as a price modifier, Gas Price Arbitrations: A Practical Handbook (Globe Business Publishing Ltd), February 2014, (author)
  • Chapter 11 – Provisional Application of the Energy Charter Treaty: the conundrum, Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, February 2012, (co-author)
  • Barristers from the Same Chambers Appearing as Counsel and Arbitrator: Independence Revisited?, Dispute Resolution International, Vol. 5, No. 2, November 2011, (co-author)
  • The Scope of the Legality Requirement in Relation to Investments: Recent Case Law, Mealey's International Arbitration Report, April 2011, (co-author)
  • Two steps forward, one step...sideways - recent developments in arbitration in China, Kluwer Law International's Journal of International Arbitration, 2008, (co-author with Robert Pé)
  • Revision of the UNCITRAL Rules: The Current State of Play, Contemporary Asia Arbitration Journal, May 2008, (co-author with Marily Paralika)
  • Enforcement of annulled awards in France: the sting in the tail, International Construction Law Review, Vol. 25, Pt 1, 48, January 2008, (author)
  • French courts confirm that an award set aside at the seat of the arbitration can be enforced in France, IBA Journal, January 2008, (co-author with Marie-Aude Ziadé)

Awards & Recognition

(Band 1 for France; Chambers Global 2016 and Chambers Europe 2016)

Consistently ranked in the top tier of arbitration practitioners in Europe

Who's Who Legal 2016

"Fantastic for energy disputes", "a joy to work with", "diligent manner" and ability to "grasp and organise complex issues with ease".

Chambers Africa-wide 2016

"An excellent arbitration practitioner"

Chambers France 2016

"very impressive individual", "convincing, structured and very focused."

Chambers Global-wide 2016

"an excellent lawyer without a huge ego" who has "a great practice and is well respected."

Chambers France 2015

"A very skilled lawyer with professional integrity who is also very pleasant and easy-going", "He is a lawyer that I would definitely recommend."

Legal 500 2015

"First-rate international arbitration practitioner."

Who's Who Legal, for 2015

"Top notch", "excellent".

Chambers France 2014

"Has an impressive reputation in the European market for energy-related arbitration matters, particularly for oil and gas clients."

Euromoney's Global Commercial Arbitration Awards, for 2014

"Energy Lawyer of the Year"

Who's Who Legal, for 2014

"A "top choice" for energy disputes"