Ben Schrader was retained as an expert in four parallel arbitrations under ICC, CRCICA, ICSID and UNCITRAL rules in relation to the breach of two commercial contractual, and two investment-treaty obligations incurred in connection with a Middle Eastern gas pipeline. Mr. Schrader opined and testified on pipeline operations, specifically on pipeline security.
He developed his opinions based on decades of oil and gas industry experience, and dealing with similar types of issues throughout the Middle East and North Africa, in difficult and often hostile environments, where security was integral to the safe and continuous operation of oil and natural gas infrastructure, including pipelines, owned by national oil companies.
His opinions and testimony were important in assisting each of the arbitration tribunals assign responsibility for the relevant breach(es) of supply obligation in this long-term gas supply agreement. For instance, in one of the cases, a party was found liable in breach of the “full protection and security” standard under the US-Egypt bilateral investment treaty, which is the international law standard for which the failure to adequately protect the pipeline is most relevant. In another case, Ben was referenced, by name, in the decision on liability finding, and his expert evidence was endorsed by the Tribunal.