David Hesse

Full Profile

His practice in the oil and gas industry focuses on advising states and national oil and gas companies on their disputes, settlements, upstream activities, as well as international tenders, refinery projects, farm-out agreements and other contracts in the petroleum and petrochemical industries. His practice includes numerous international commercial arbitration matters involving states and state entities in North East and West Africa. David is a recognized lawyer in Chambers Global and Legal 500.

David has extensive experience before international institutions including the ICC and ICSID.

David is an Honorary Lecturer at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee and a lecturer at the CWC School for Energy. He is a regular speaker at international arbitration and energy conferences, including Juris Conference, GAR Energy Disputes and GAR Live.

Prior to joining Clyde & Co, David was a partner at Curtis Mallet-Prevost Colt & Mosle LLP for 10 years.

Experience

• Advised the Government of Tanzania as co-lead international counsel with local firm, Crax Partners, in connection with USD 3 billion claim for breach of contract.
• Advised TANESCO and the Government of Tanzania in connection with an annulment of an award against TANESCO.
• Advised NNPC as lead international counsel and supporting Nigerian counsel in connection with over USD 1 billion in claims by CNOOC and SAPETRO under a PSC.
• Advised Uganda as lead counsel in 5 million claim by Total under the Netherlands-Uganda BIT in connection with stamp duty tax.
• Advised Uganda with Curtis team in connection with USD 473 million claim for recovery of capital gains tax under a PSA.
• Advised Uganda in connection with USD 400 million claim by Heritage.
• Advised Uganda Revenue Authority in connection with appeals by Heritage Oil of USD 400 million in capital gains tax assessment under a PSA.
• Advised Uganda Revenue Authority in connection with appeals by Tullow of USD 470 million in capital gains tax assessment under a PSA. 
• Advised Libyan Asset Portfolio Management as lead counsel in connection with a USD 5 million claim by German building designer Kleihues.
• Advised Libyan Asset Portfolio Management  in connection with USD 17 million fraud claim in Berlin against Kleihues, Deutsche Bank and others as a result of a fraudulent transfer.
• Advised Sonatrach in connection with a USD 8 billion claim by Anadarko and Maersk for recovery of an Algerian windfall profits tax under PSA. This arbitration was settled two days prior to delivery of the award by the tribunal.
• Advised the Government of Algeria in connection with the USD 2.75 billion under the Denmark-Algerian BIT claim by Maersk as a result of an Algerian windfall profits tax.