Overview
Michael Darowski focuses his practice on international commercial and investment disputes resolved through arbitration. He handles cases under English and other governing laws, and under the rules of all of the main arbitral institutions. Michael has substantial experience of acting in national court proceedings in various jurisdictions relating to all aspects of the arbitration process.
Michael has particular skill in advising clients in the natural resources, oil and gas, energy, food & beverage, financial, transportation and telecoms sectors. He has arbitrated disputes all around the world, but has a wealth of experience of disputes from the CIS and Central Europe, the Middle East and Africa, and the Far East. Michael’s client base is fully international, ranging from multinational corporations and financial institutions to wealthy private individuals.
Michael appears as an advocate at all stages of the arbitral process and has full rights of audience for civil matters before the English courts. Michael helps clients to avoid disputes or resolve them at an early stage, including through negotiation, mediation and expert determination. He also regularly advises clients on the drafting of dispute resolution clauses in commercial contracts. Michael accepts appointments as an arbitrator.
Results
Natural Resources: Oil & Gas, and Energy
- Acting for a UAE based energy company in an ad hoc arbitration proceedings claiming multi-billion dollar damages against a Middle-East NOC in relation to its total failure to supply pursuant to a long-term gas supply agreement, including successfully obtaining an award establishing liability and defending the award on the subsequent challenge to the English High Court pursuant to ss.67 and 68 Arbitration Act 1996*
- Represented an East European state in ICSID arbitrations (including pursuant to the Energy Charter Treaty) relating to an alleged expropriation of a hydropower project, a waste to energy project, and a television station, as well as in related ICC arbitrations pursuant to a hydropower Build Operate Transfer Concession Agreement*
- Acted for UAE based energy company in LCIA arbitrations against European energy major relating to a farm-in to a gas field PSC in Iraqi Kurdistan*
- Acted in gas price review arbitrations under the ICC rules relating to LNG and pipeline gas supplies to Northern Europe.*
- Acting for Indian turbine manufacturer in UNCITRAL proceedings against a US energy company*
- Acted for high net worth individual in a LCIA arbitration relating to mining assets in Ukraine*
- Acted for Italian steel mill in an ICC arbitration relating to the supply of defective steel*
Corporate and finance
- Acted for a Ukrainian party in US$1 billion LCIA arbitrations against joint venture partners, involving commencement of 23 related LCIA arbitrations relating to a complex corporate holding structure, applications to the Cypriot court for statutory relief, and to the US court for section 1782 discovery in support of foreign proceedings*
- Acted for Bahraini financial institution in a LCIA arbitration relating to the payment of deferred consideration under a share purchase agreement*
- Acted for a Russian-based private equity fund in a LCIA arbitration breach of warranty claim arising out of a share purchase agreement relating to a Russian mail services provider*
- Acted for a Ukrainian agricultural conglomerate in a LCIA arbitration for breach of warranty and misrepresentation claims under a share purchase agreement*
- Acted for a Russian agricultural producer in a LCIA claim arising out of share purchase agreement relating to agricultural assets, including applications for injunctions in BVI and Cyprus*
General commercial
- Acted for a Turkish textile producer in ad hoc investment treaty claim against an East African state for expropriation of production facilities*
- Represented a US-based multinational restaurant brand in various LCIA arbitrations relating to franchises in Spain, Mexico, Greece and Cyprus, including successfully closing restaurants operating in breach of franchise agreements*
- Represented a multinational mobile telecommunications company against the former Albanian state-owned fixed-line operator in ICC arbitration proceedings relating to the payment of network interconnection charges*
- Acted for global pharmaceutical company in shareholder dispute with North African local partner relating to project to the construct production plant and conduct joint marketing of pharmaceutical products subject to ICC arbitration*
- Acted for a Thai manufacturing group in ICC arbitration seated in Singapore in a multi-billion dollar claim for breach of a joint venture in the brewing industry*
*Matter handled prior to joining McDermott
Recognitions
- The Legal 500 UK, Recommended Lawyer in Dispute Resolution: International Arbitration, 2023
Community
- ICCA
- LCIA
- ICC Young Arbitrators’ Forum
- Association of International Petroleum Negotiators
Credentials
Education
BPP Law School, PDGL and LPC, 2002
University of Cambridge, Corpus Christi College, History, 2000
Admissions
England & Wales
Hong Kong
Languages
English
French
Polish