Calvin Hamilton Chartered Arbitrator

Calvin’s construction experience lies in operation and maintenance of aviation storage and distribution facilities; termination, modification and suspension; scope of works delays; misrepresentations; overpayments and abatements; breach; damages; change orders; fluctuations; force majeure; frustration; statute of limitations; extension of time claims; defect notifications; remobilization; site inspection vs supporting documents; delay under extension of time claims; estoppel; Dispute Avoidance / Adjudication Boards; FIDIC contracts; defective product lines; acceptance & commissioning attempts; final acceptance; limitation of liability claims; timely delivery of production plant; delay penalties; deterioration of plant and equipment; depreciation; engineering costs due to lack of work; engineering charges to complete project; recovery of materials; performance guarantees; recovery of temporary advances; statute of frauds; anti-suit injunctions; exemplary or punitive damages.

Calvin’s oil and gas experience covers long term gas supply contracts; jet fuel and aviation gasoline supply contracts; refined fuels trade and supply agreements; into plane jet fuel and aviation gasoline operations; pricing mechanisms and revisions; price re-opener; pricing and contracts; oil indexed contracts and risks; gas procurement; foreign direct investment; cross border joint-ventures; infrastructure projects; investment protection; boundary disputes; unjust enrichment; entitlement natural resources; state immunity from jurisdiction and enforcement; joint operating agreements; exploration, production sharing agreements and concession agreements; gas and LNG sales agreements; farmout agreements; construction and operation of oil and gas production facilities, equipment, pipelines, onshore and offshore engineering power stations; general purchasing conditions; technical and nozzle check requirements; damages; non-associated gas; store transfer and sell agreements; operating expenses; extension of time for relinquishment; misrepresentations; expropriation.

Calvin is experienced in renewable energy disputes particularly involving wind and solar power; turnkey contracts; distribution of wind speed values and wind availability; responsibility for testing wind availability; technical specifications; feasibility study of terrain; environmental concerns; access to electrical grid; polycrystalline silicon production; take or pay arrangements; estoppel; bulk and surface impurity specifications; solar grade chunks; size specifications; certifications and packaging; size reduction process; limitation of liability; non-refundable advances; delivery terms; force majeure; photovoltaic plant construction; renewal subsidy regimes; feed-in tariff regimes; claw-back provisions.

As Arbitrator Calvin has seen disputes involving commercial agreements; farmout agreements, aviation storage & distribution agreements; into plane joint operations; breach of distribution, share purchase, shareholders, participation, alliance, franchise investment mutual funds and other agreements. He has addressed matters involving anti-suit injunctions. He has experience in matters involving disputes arising from contracts for the international sales of goods; rules of private international law; validity and formation of the contracts; obligations of the parties to the contract, rules regarding remedies for breach of the contract, including performance, claim damages or avoid the contract in case of fundamental breach, apportionment of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. In addition, his experience lies in; defective production lines; finder’s fee and commission payments; cross-border transactions and joint-venture agreements; share and/or asset purchase; voice messaging system equipment purchase.

Calvin has extensive dispute resolution expertise in all aspects of mergers and acquisitions: disclosure agreements; due diligence; allegations of misrepresentation; unlawful dilution of shareholdings; breach of contract; calculation of completion accounts, triggers for the payment of deferred consideration, confidential clauses in the contract; purchase price adjustment mechanisms and earn-out provisions; indemnities and guarantees; fraud; working capital “true-ups,” valuations of COVID-19-affected companies; complexity of balance sheets; injunctive relief; dispute resolution.

Calvin’s investor-state experience covers a wide range of institutional and ad hoc arbitrations. He has sat in disputes concerning BITs and MITs; international investment agreements; ICSID jurisdictional requirements; treaty violations, including state’s inability to invoke the prerogatives of its own law to avoid jurisdiction; treatybased v contract-based rights; acts and/or omissions of a municipal government as treaty violation claim; investment protection; environmental protection; anti-suit injunctions; human rights and state immunity.

Calvin’s banking experience consists of resolution of disputes concerning complex financial products, such as commercial banking arrangements; reinsurance contracts; Government export insurance indemnity agreements; investment mutual funds agreements; national pension fund investments; financial swap instruments; secondary market loan facilities; option and trading strategies of an investment bank; European investment funds’ efforts to register the fund in Spain, trading on the financial markets and sale of fund products; fintech shareholders’ agreements.

Calvin has extensive dispute resolution experience in aspects of Technology and Telecommunications: dispute issues related to data security; complex accounting, jurisdictional, tax, insolvency and software issues; ownership of IP rights in software; outsourcing contracts; wrongful termination of technology contracts; injunctive relief; delays for the implementation of IT or telecommunications services; defects in functionality or performance of antivirus and other software; breach of confidentiality agreements.

Calvin’s expertise include complex, integrated operations such as, joint venture for construction of LPG pipeline; strategic alliances and collaborations as well as mergers and acquisitions; supply chain disruption; charterparty, purchase and sale contracts; force majeure and non-delivery of products, long term offtake breach of contract; jet fuel and aviation gasoline supply contracts; refined fuels trade and supply agreements.