CANDEY

Chris is a partner in the firm’s London office and Global Head of Energy & Infrastructure. He is also responsible for the firm’s strategy to expand its global offering into the Asia Pacific region.

Chris has been in private practice for close to 25 years of which 18 have been in the Asia Pacific region and the last 12 as partner. He spent the best part of 15 years with two of the world's Top 5 GAR 30 international arbitration firms in Herbert Smith and King & Spalding. Chris has also undertaken a client secondment to a global trading house; been based in both civil and common law jurisdictions; and in addition to counsel work, sits as an arbitrator.

Chris practised with Herbert Smith across its London, Tokyo and Bangkok offices, was a founding partner of King & Spalding’s Tokyo office and has spent the last 3 years as an equity partner in the arbitral hub of Singapore. Chris specializes in all forms of alternative dispute resolution, and represents clients in a wide variety of complex high-value cross-border commercial disputes which regularly include claims for in excess of a US$ billion and predominantly arise out of the energy, resource, transport, infrastructure, financial services, media and IT sectors, with Chris having a particular expertise in oil and gas, construction and investment treaty cases. A number of his recent cases have been tracked by and reported in Global Arbitration Review.

He is also a Solicitor Advocate, All Higher Courts of England & Wales; a Fellow of the Chartered Institute of Arbitrators; a panel arbitrator of numerous institutions including the JCAA, KCAB and SIAC; and a certified Singapore International Mediation Centre Specialist Mediator. His matters are submitted to arbitral institutions around the world, and national courts including those of Australia, England & Wales, France, Japan, Luxembourg, the Netherlands, Singapore, Thailand and the U.S.

In terms of market recognition, Chris is ranked as both a Global and Southeast Asia Leader by Lexology Index (formerly Who's Who Legal) Arbitration; has been individually listed for the 10th year by Chambers for Arbitration with both Band 1 and 2 rankings and as a Leading Individual by Legal 500 Asia-Pacific; has also been listed by both the Chambers and Legal 500 directories for Construction Disputes; and is listed by LawDragon as one of the 500 Leading Global Litigators.

Recent client commentary from the legal directories includes:

"[C]overs issues in both Singapore and London … great grasp of … international arbitration …. successful in a large and complex investment arbitration and … great in … coordination of the recovery of the claim."

"Chris Bailey is a great guy, relaxed, friendly and accessible, but razor sharp."

Legal 500 Asia-Pacific Singapore 2024 – International Arbitration

"Chris is one of the leading advocates in the region. A true expert in the international disputes field in Asia … advising on disputes in relation to energy projects … with expertise in international arbitration."

Chambers Asia-Pacific Japan 2021 – Dispute Resolution: International

On the regulatory front, Chris has been involved in full-scale corruption investigations involving the U.S. Department of Justice, the UK Serious Fraud Office and the Nigerian Economic and Financial Crimes Commission, as well as investigations arising out of transactions in Africa and the Middle East.  Chris was also involved in the major global investigations into the trading activities of the major financial institutions.

He Chris also speaks on investment protection, arbitration, dispute resolution and anti-corruption throughout Europe and Asia. His articles have featured in publications such as Bloomberg Law Report and on the Lexology website.

Representative matters from across Chris’ close to 25 years of practice in London, Singapore, Tokyo and Bangkok include:

CONSTRUCTION ARBITRATION & LITIGATION

• Represented a Korean construction contractor in respect of a multi-contract dispute involving EPC works at a mine in Australia with UNCITRAL arbitration and related Australian proceedings commenced under numerous heads of claim and quantum in excess of AUD 1 billion, which ran through to a full multi-week hearing in Singapore and a final award.

• Represented an international contractor consortium in relation to claims arising out of the construction of a combined cycle power plant which from part of the onshore facilities of an Asia Pacific LNG mega project involving claims of in excess of USD 1 billion dollars. The facts concern termination of an EPC contract and the completion of the remaining works.

• Represented a Japanese construction contractor in relation to claims for in excess of USD 230 million relating to issues on a petrochemical facility construction in the US with disputes submitted to AAA arbitration in Houston and Texas law governing. Issues include unforeseen subsoil conditions, Owner interference with EPC Contractor's freedom under the EPC contract, extensions of time, cost increases and liquidated damages.

ENERGY ARBITRATION & LITIGATION

• Represented a global commodities trader in relation to the global enforcement of an award against the Government of Ghana for in excess of USD 140 million arising out of an arbitration concerning an emergency purchase agreement for the relocation from Italy, installation, operation, and maintenance of two combined cycle power plants. Sovereign immunity issues central.

• Represented a Japanese trading house in ICC arbitration, and a jurisdictional challenge that passed through to the Thai Supreme Court, in respect of claims brought by a Thai state owned entity for USD 100 million in respect of allegedly defective equipment for a Combined Cycle Power Plant.

• Advised a Japanese energy company on Energy Charter Treaty arbitration and post-award enforcement for an amount in excess of EUR 100 million arising from claims for fair and equitable treatment provisions and expropriation arising from changes to Spain’s wind power incentives and energy tariff regime.

COMMERCIAL ARBITRATION & LITIGATION

• Represented a billionaire US investor in an action for breach of fiduciary duty in connection with the proposed USD 6.1 billion merger of major US and Japanese listed corporates, with a New York State Superior Court judge ruling that the then-CEO and a majority of the directors had likely violated their fiduciary duties and issuing injunctive relief stopping the deal.

• Represented a leading telecommunications company in an English Commercial Court claim in excess of GBP 709 million involving claims for deceit, misrepresentation and breach of contract and arising out of a GBP 48 million contract for the provision of a state-of-the-art customer management system.

• Represented a global automobile groups in separate JCAA arbitrations and litigation the Thai courts for in excess of USD 600 million arising out of the termination of long-term distribution agreements with local SEA counterparties governed by Japanese law. The second arbitration proceeded to a final hearing in Tokyo at which acted as lead advocate before a leading tribunal and a final award in the client’s favour. In addition, parallel satellite litigation in the Singapore courts which proceeded to trial.

REGULATORY DISPUTES & INVESTIGATIONS

• Represented a Japanese trading house in relation to claims of up to USD 210 million that concerned the trading of metal at sub-market prices and creation of artificial margin through futures trading.  Included Middle Eastern criminal proceedings, Texan civil proceedings and DOJ and SFO investigations.

• Advised a Japanese trading house in respect of US SEC/DOJ and Nigerian EFCC investigations anti-corruption investigations into allegations of bribes in excess of USD 180 million paid to the former Nigerian dictator, General Sani Abacha, and other Nigerian officials to secure USD 6 billion of work.

• Numerous other confidential regulatory matters including sanctions and OFAC advice concerning amongst others Iran, Iraq, Myanmar and Syria, securing the release of employees imprisoned in Indonesia, managing the treatment of criminal proceedings before the Attorney General of Thailand and assisting Carlos Ghosn in Japan.