Patrick Heneghan > Chambers of David Berkley KC > London, England > Barrister Profile

Patrick Heneghan

Work Department

Construction and Engineering; Commercial

Position

Patrick Heneghan joined 3PB in April 2022, having previously been a dispute resolution partner in the London office of Skadden Arps, one of the world’s leading US international law firms, specialising in international arbitration, commercial litigation and other dispute resolution procedures.

Patrick has extensive experience acting as counsel in complex private commercial arbitration disputes as well as in investment treaty proceedings. Patrick has represented clients in a wide variety of different seats (including London, Hong Kong, Paris, Geneva, Stockholm and Johannesburg) and under all the major institutional and other rules (including ICC, LCIA, AAA/ICDR, SCC, HKIAC, UNCITRAL and ICSID). These disputes cover a broad range of commercial matters including shareholder agreements, minority shareholder rights, breaches of director’s duties, insurance, aviation, shipping, oil and gas, electricity generation and transmission, telecommunications, mining, finance and pharmaceuticals. Patrick also has considerable experience of engineering and construction disputes, particularly in the energy field.

Patrick has acted for clients in High Court proceedings and advised clients in relation to proceedings in off-shore and other jurisdictions (including the Caribbean, Cyprus, the Channel Islands as well as the Middle East, Russia and Africa), particularly in the context of complex multi-jurisdictional proceedings. These proceedings have frequently involved obtaining interim and final injunctive relief in support of arbitral and other proceedings, including anti-suit injunctions, pre- and post-judgment freezing orders, security for costs, charging orders and other enforcement relief. Patrick’s cross-border litigation experience also includes advising clients in respect of stand-alone and follow-on claims for breach of EU and UK competition law.

More recently Patrick has assisted retired High Court Judge Sir William Blackburne in his appellate role as the independent third party to the review of complaints into the Global Restructuring Group at the Royal Bank of Scotland. In this role Patrick gained extensive experience of disputes relating to SME finance documentation, property development and investment finance, interest rate hedging products, equity participation agreements and bank conduct more generally.

Patrick has significant experience of other alternative dispute procedures including mediation, expert determination, adjudication and neutral evaluation. Patrick accepts appointments as arbitrator, adjudicator and mediator.

Published extensively, Patrick has authored articles on international arbitration and in other related fields and was the joint-general editor of the 4th edition and 5th editions of Thomson Reuters’ Arbitration World. Patrick is regularly invited to speak at arbitration conferences and symposia. Other publications of his include:

• “Arbitrator ethics: developments,” Global Arbitration Europe and Middle Eastern Review
• “Dallah v Pakistan: vive la différence,” Global Arbitration Review
• “Expert Determination,” PLC Website
• “Hot Topic: International Dispute Resolution Involving Russian and CIS Companies,” Corporate Disputes Magazine
• “Grexit concerns: how to safeguard asset value,” International Finance Law Review
• “The Clawback – Can Arbitration Help Greek Bondholders Gain Redress?,” Legal Week
• Overview chapter of “Getting the Deal Through”, Private Anti-Trust Litigation 
• “Violating the Confessional Seal – Disclosure of leniency materials in competition law damages actions in the EU,” Law and Finance Magazine
• “Disclosure Question Ripples Both Sides of the pond,” Law 360
• “Arbitration panel holds the 1994 Energy Charter Treaty protects foreign energy sector investments in former Soviet Union,” Global Arbitration Review

Construction and Engineering 

• Patrick Heneghan has considerable experience of engineering and construction disputes, particularly in the energy field. He regularly advises and acts in relation to construction disputes, and routinely deals with disputes arising under the common-form contract suites (in particular JCT and NEC contracts).

  In each of his practice areas he represents parties in arbitration, the High Court and the County Court. He also acts in adjudications under the 1996 Act and in the enforcement of adjudicator awards.

  Construction and Engineering 

  Representative matters include acting for:

  • The owner of a 1.2 GW combined cycle gas fired power station, at the time one of the largest non-recourse financed power projects in Europe, in ad hoc arbitration proceedings in London. The owner successfully claimed significant liquidated damages for delay and defended counterclaims for extensions of time and loss and expense
  • A US company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of turbine, generator and associated equipment for the construction of a single-cycle dual-fuel power station in Kuwait. Matters in dispute included whether or not the equipment supplied was in accordance with the contractual requirements and the supplier’s other obligations to ensure that the “back starting” and “black starting” equipment worked in the standard voltage in Kuwait
  • A European electricity company in ICC arbitration proceedings in Stockholm in relation to disputes arising under an energy agreement concerning the commissioning of turbines and associated performance bonuses
  • The British subsidiary of a US company in High Court proceedings in London in relation to the wrongful termination of the hire of what was, at the time, the world’s largest harsh environment jack-up rig
  • One of India’s leading real estate developers in a series of LCIA arbitrations seated in London in relation to a slum rehabilitation project in India. The disputes included a claim that the developer had failed to achieve certain milestones for the project by the stipulated dates as a result of force majeure
  • Acting for a British engineering company in relation to disputes arising out of the delay and costs incurred by the contractor in meeting employer requirements in relation to the construction of the Tsing Ma Bridge in Hong Kong, one of the world’s longest suspension bridges
  • Acting for an Asian subsidiary of a US company in ICC arbitration proceedings in Singapore in relation to disputes arising from a project to introduce congestion charging

  Energy

  Representative matters include acting for:

  • Affiliated Asian energy companies against an oil and gas major in joined ICC arbitrations, seated in Hong Kong, in relation to disputes arising under long-term take-or-pay gas contracts. The disputes concerned two combined cycle gas fired power stations with a joint output of 1.5GW and included claims for force majeure due to the national grid operator curtailing the output of the plants for grid-balancing reasons
  • A European electricity company in relation to disputes arising under a long-term energy supply and off-take agreement providing for arbitration under the ICC Rules in Stockholm
  • An African energy company in associated price review arbitrations, under the UNCITRAL Rules, seated in Geneva, in respect of a number of long-term liquid natural gas take-or-pay contracts. These disputes concerned the continuing relationship (if any) between the price of gas in the relevant market and the prices of a basket of alternative energy sources, as well as the purchaser’s own actions in impacting the price for gas in the relevant market
  • A US energy company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of equipment for a single-cycle dual-fuel power station in the Middle East

Commercial 

Patrick Heneghan’s Commercial practice focuses on aviation, banking, commercial disputes, company law, energy, insurance, international arbitration and shipping.

A significant proportion of the matters in which he acts relate to off-shore and foreign jurisdictions, particularly in the context of complex multi-jurisdictional proceedings. These proceedings frequently involve obtaining interim and final injunctive relief, including anti-suit injunctions, pre- and post-judgment freezing orders, security for costs, charging orders and other enforcement relief. Patrick’s cross-border litigation experience also includes advising clients in respect of stand-alone and follow-on claims for breach of EU and UK competition law.

Patrick has extensive experience acting as counsel in complex private commercial arbitration disputes as well as in investment treaty proceedings. Patrick has represented clients in a wide variety of different seats (including London, Hong Kong and Paris) and under all the major institutional and other rules (including ICC, LCIA, AAA/ICDR, HKIAC).

Recent cases (Commercial)

Obtaining an anti-suit injunction in the High Court to restrain proceedings in Kuwait amounting to a collateral attack on an arbitration award made in England
Advising in respect of arbitration proceedings under a bilateral investment treaty and ICC arbitration under a policy of political risk insurance for a group of bondholders in relation to their investments in a Latin American country and
Acting for the respondent shareholder company in an LCIA arbitration in London in relation to a multibillion-dollar dispute over control of one of the largest producers and manufacturers of titanium products in the world. The disputes concerned the exercise of put and call options in a shareholder agreement and involved obtaining anti-suit injunctions in the BVI to restrain proceedings commenced in New York, Cyprus and elsewhere in breach of an agreement to arbitrate
Acting for a global industrial company in respect of disputes arising from its interest in one of the largest open cast iron ore mines in Africa. The disputes included commercial arbitration against the co-owner, seated in Johannesburg, concerning breach of a joint ownership agreement governed by South African law; judicial review proceedings before the local courts; and a claim for expropriation of the company’s assets under a bilateral investment treaty.
Acting for a South African airline against its Dublin based lessees in relation to the late re-delivery of two Boeing 747 aircraft due to delays arising from the certification of enhanced ground proximity warning systems. Disputes included whether the airline’s delay in redelivery caused the loss complained of by the lessees arising from the significant fall in the market value of the aircraft due to market conditions occurring after the contractual date for redelivery
Representing India’s leading real estate developers in a series of connected LCIA arbitrations seated in London in respect of disputes under Indian law arising out of a slum rehabilitation development project in India. These disputes included claims by the developer for force majeure and a successful application to the English High Court to set aside one of the resulting awards on jurisdiction grounds
Acting for a leading bank in respect of a default by a high net worth individual under a loan agreement. This representation involved successfully obtaining freezing orders in England and Jersey and advising in respect*t of enforcement action in the BVI, Delaware and Jersey
Bringing a minority share-holder action against one of Eastern Europe’s largest social online networking services in parallel arbitration and multi-jurisdictional litigation proceedings. The disputes included claims for breach of director’s duties due to the diversion of certain corporate opportunities in the form of instant messengers; minority shareholder actions (in the BVI); and a claim for breach of a shareholders’ agreement (LCIA arbitration London)
Obtaining an anti-suit injunction in the English High Court to restrain proceedings in the Middle East and elsewhere amounting to a collateral challenge on an ICC arbitration award made in London on behalf of a US company.
Recent cases (Energy)

Representative matters include acting for:

Affiliated Asian energy companies against an oil and gas major in joined ICC arbitrations, seated in Hong Kong, in relation to disputes arising under long-term take-or-pay gas contracts. The disputes concerned two combined cycle gas fired power stations with a joint output of 1.5GW and included claims for force majeure due to the national grid operator curtailing the output of the plants for grid-balancing reasons
A European electricity company in relation to disputes arising under a long-term energy supply and off-take agreement providing for arbitration under the ICC Rules in Stockholm
An African energy company in associated price review arbitrations, under the UNCITRAL Rules, seated in Geneva, in respect of a number of long-term liquid natural gas take-or-pay contracts. These disputes concerned the continuing relationship (if any) between the price of gas in the relevant market and the prices of a basket of alternative energy sources, as well as the purchaser’s own actions in impacting the price for gas in the relevant market
A US energy company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of equipment for a single-cycle dual-fuel power station in the Middle East.

Career

Year of Call: 1997
Solicitor: 2009

Memberships

• Member of the London Court of International Arbitration
• The Honourable Society of the Middle Temple

Education

• Inns of Court School of Law, Bar Finals. Middle Temple, Major Scholar
• M.A., Downing College, Cambridge
• B.C.L., Brasenose College, Oxford