Jonathan Brierley
Biography
Overview
Jonathan Brierley is a partner in the Dispute Resolution Group of the firm's London office and specialises in international arbitration, particularly in the infrastructure and energy industry sectors. Jonathan is a founding partner of the firm's LNG Strategic Specialty Area Interest Group, which operates under the remit of the White & Case Global Energy Industry Group, and serves as an arbitrator to the Energy Disputes Arbitration Centre (EDAC). He also guest lectures at the Energy and Natural Resources Law Institute, Queen Mary's University London (QMUL); and otherwise trains leading global energy companies on international best practice regarding mega project procurement, project and claims management, dispute avoidance and resolution.
Jonathan has experience in various industry sectors, including energy, infrastructure, rail, oil & gas, power, desalination and telecommunications. His practice has primarily focused on major international mega projects. He has particular experience of handling concurrent arbitration proceedings out of the same or related contracts, including termination cases, final accounts, delay, disruption, defects, changes and all associated quantum.
Jonathan is experienced with all common forms of dispute resolution, including international arbitration, litigation, adjudication, DAB/DRBs and mediation. He has advised on projects and acted as counsel in disputes throughout Europe, Africa, the Middle East, the Americas and in Asia Pacific.
Experience
Examples of key representations include:
- Mega Project, 2011 – 2023, with a dispute value in excess of € 800 million:
- Representing the lead partner of an international consortium of contractors in an ICC arbitration arising from the termination of a FIDIC Silver Book, EPC turnkey contract relating to the engineering, procurement, construction and commissioning of a commuter and inter-city railway, together with handling of delay, disruption and the final project account thereto;
- Representing the same partner in related ICC arbitration proceedings arising out of the associated consortium agreement;
- Mega Project, 2018 – 2021, with a multi billion USD dispute value:
- Representing an international oil & gas company in numerous arbitrations and adjudications, relating to delay, disruption and pricing disputes in respect of the construction of an onshore LNG processing facility;
- South Korean contractor, 2012 – 2017, with a dispute value in excess of $ 300 million:
- Representing the contractor in related ICC arbitrations arising from a Power and Water Purchase Agreement, together with its associated bespoke EPC turnkey contract, regarding the engineering, procurement, construction and commissioning of an independent power and water desalination plant in the Middle East;
- Advising the contractor on all associated delay and quantum issues, as well as further disputes arising from its back-to-back subcontracts for aspects of the Works;
Other representations include:
- Representing a multi-national energy company in relation to its joint venture interests and other arrangements;
- Representing a multi-national oil and gas exploration company in relation to a unitization and unit operating agreement, more particularly the redetermination procedures set out therein;
- Representing a Saudi Arabian investment company in relation to certain of its oil and gas Joint Venture interests, covering both surveying and drilling, in the Middle East and North Africa;
- Advising an American security company in relation to certain disputes under its international service agreements with oil and gas majors;
- Advising a Dubai construction company in relation to a dispute arising out of a FIDIC Red Book, employer design and build contract for the construction of a mixed use development of residential, office and retail space;
- Advising a German construction company in relation to a dispute arising out of a FIDIC Red Book, employer design and build contract for the construction of a hydro-electric power plant in Chile;
- Acting for Gul Bottlers before the English Commercial Court, resulting in nominations for Dispute Resolution Team of the Year at the Legal Business Awards 2015 and Litigation Team of the Year at the Lawyer Awards 2015.
Guest Lecturer at the Energy and Natural Resources Law Institute, Queen Mary's University London (QMUL)
White & Case QMUL International Arbitration Survey: Adapting Arbitration to a Changing World (2021)
ICC Commission on Arbitration and ADR Report on Construction Industry Arbitrations, chaired by White & Case Partner of Counsel, Chris Seppala (2019)
White & Case QMUL International Arbitration Survey: The Evolution of International Arbitration (2018)
Climate Change Litigation: A New Class of Action (2018)
Best Lawyers; International Arbitration, United Kingdom (2024)
Foundation for International Arbitration Advocacy; Questioning of Expert Witnesses (2015)
Nominee for Dispute Resolution Team of the Year, Legal Business Awards (2015)
Nominee for Litigation Team of the Year, Lawyer Awards (2015)
White & Case Pro Bono Award (2010)