Brendan Casey

Brendan Casey is a leading litigator representing clients in high-stakes international arbitration, often involving construction/infrastructure disputes with notable experience in the renewable and traditional energy sector (offshore wind, solar, gas processing/production, cost recovery, and exploration/development plans).

Brendan has handled international arbitrations worth billions of U.S. dollars conducted under a variety of arbitral rules including International Court of Arbitration (ICC); London Court of International Arbitration (LCIA); Arbitration Institute of the Stockholm Chamber of Commerce (SCC); United Nations Commission on International Trade Law (UNCITRAL); Singapore International Arbitration Centre (SIAC); Dubai International Arbitration Centre (DIAC), and a broad spectrum of substantive and procedural laws (New York, Delaware, Texas, English, Swiss, Swedish, French, Singaporean, Japanese) in both common and civil law jurisdictions (Geneva, Stockholm, Singapore, London, Hong Kong, Paris). He also has significant experience with investment arbitration under bilateral and multilateral investment treaties. He routinely advises investors and states on all aspects of investment protection and dispute resolution, including the structuring of foreign investments. He is also experienced in public international law disputes.

Brendan’s work has been published in the leading academic journals and texts, including International Bar Association (IBA) Dispute Resolution International; Journal of International Arbitration; American Review of International Arbitration; International Centre for Settlement of Investment Disputes (ICSID) Review; Chartered Institute of Arbitrators (CIArb) International Journal of Arbitration; Mediation and Dispute Management; International Arbitration Law Review; and Swiss Arbitration Association (ASA) Bulletin. He has also participated in and moderated round-table discussions and panels organized by the University of Oxford Faculty of Law and the World Economic Forum.

• Representing European offshore contractors in construction disputes related to installation of two offshore wind farms in Taiwan. SIAC Arbitrations with Singapore Seat. 
• Representing two technology entrepreneurs in disputes arising out of a Share Purchase Agreement of a successful healthcare platform in India. LCIA administered, Delaware law with Delaware Seat. 
• Advised an American private equity investor in disputes relating to a stabilisation clause in a long-term Production Sharing Contract in the CIS and related BITs.
• Represented a European private equity investor in a major European Oil and Gas Company pursuing claims for breach of Shareholders Agreement arising out of a multi-billion dollar joint venture investment stake.
• Represented a major oil company in disputes arising out of high-value Engineering and Procurement contract for a large gas condensate facility in the Commonwealth of Independent States (CIS). Issues in dispute included liquidated damages, defects correction, complex civil code interpretation, and variation pricing/procedure.
• Co-counsel advising a high net worth individual on multiple claims against Southeast Asian State arising under the Bilateral Investment Treaty relating to significant real estate acquisition and development projects.
• Obtained strike-out of respondent’s substantive defences under SIAC Rule 29 (on the basis that defences manifestly lacked legal merit following respondent’s breach of Procedural Order on Document Production).
• Advised a client on interpretation and third-party funding payment issues arising out of complex prepaid forward purchase agreement.
• Acted for a major oil company in successful application for an interim mandatory injunction under SIAC Rule 30.1.
• Counselled a Middle-Eastern financial institution in relation to complex cross-jurisdictional regulatory investigation and enforcement proceedings.
• Represented a major oil company in disputes arising out of an engineering, procurement and construction (EPC) contract on its concession in West Qurna, Iraq. Issues in dispute included complex import/customs compliance, design obligations arising from front-end engineering design (FEED) and clarification/correction of arbitral awards.
• Represented a U.S. independent upstream oil and gas company in disputes arising out of a production sharing contract (PSC) in the CIS. Issues in dispute included availability of security for costs under the UNCITRAL 1976 Rules, cost recovery, and complex exploration/development plans for unconventional plays.
• Represented a Middle-Eastern joint venture contractor in relation to claims arising out of one of the largest construction projects undertaken in the CIS. Issues included the scope of Employer disclosure obligations and significant non-conformance reports (NCRs).
• Acted for a Middle-Eastern consortium in ICC arbitral proceedings stemming from breaches of a supply agreement for a large infrastructure project in Türkiye. Issues included “unknown” ground conditions and complex civil code interpretation.
• Advised multiple clients on the applicability of “knock-for-knock” indemnities under services or similar agreements.
• Counselled an American private equity company in Hong Kong International Arbitration Centre (HKIAC) arbitral proceedings arising out of a real-estate development joint venture in mainland China.
• Advised a government-owned Middle-Eastern corporation on international investment protections in relation to infrastructure development in Africa.

• Attorney, New York State

• JD, (cum laude) Northwestern University School of Law, 2011
• BA, Pennsylvania State University, 2007 (phi beta kappa)

• Euromoney Expert Guides: Rising Stars, Switzerland – Commercial Arbitration (2020-2023).

• LCIA Users’ Council
• Society of Construction Law, France
• ICC Young Arbitrators Forum
• ICDR Young and International

• English
• French