John Bowman
is a partner in King & Spalding’s Houston office where he represents international energy companies in a wide range of commercial and investment disputes. He also advises IOCs and NOCs on contract stabilization and dispute resolution and sits as an arbitrator in energy disputes. Currently he is President of the Association of International Petroleum Negotiators.
Energy Experience
For 34 years, Mr. Bowman has represented energy companies in arbitration and litigation, including in disputes concerning expropriation of facilities and contract rights, production sharing contract disputes (renegotiation demands, windfall profits taxes, cost recovery, failure of state oil company to pay costs, gas marketing rights), AMI and confidentiality agreement disputes, joint operating agreement disputes (removal of operator, joint interest billings, preferential purchase rights, voting rights, disputes between investors and promoters), seismic licensing disputes, drilling contract disputes (existence of contract, mob delay, indemnification for pollution), natural gas and LNG contract disputes (price reopeners, destination clauses, take or pay, ratable takes, minimum takes, reserve substitution, contract extension, gas quality and measurement), gas marketing disputes (failure to deliver, imbalances), royalty owner disputes (drainage, failure to market, affiliate sales, calculation and payment of royalties, lease termination), and property valuation disputes (including look-backs), as well as in contested proceedings before the Federal Energy Regulatory Commission and the Texas Railroad Commission, Oil & Gas Division.
As an important part of his energy practice, he works closely with experts in the energy industry, including petro-fiscal system consultants, geophysicists, geologists, petroleum engineers, well completion and production engineers, gas measurement specialists, gas contract administrators and gas marketers, joint interest auditors, experts in utility regulation, and experts in the history and development of U.S. and foreign energy sectors.
Today, almost all of his cases involve international oil and gas disputes, including disputes for and against Host Governments and state oil companies, JOA and other JV disputes, disputes concerning LNG facilities and sales, disputes involving oil field service companies, and disputes with promoters and local representatives. He frequently advises IOCs on how to maximize protection of their investments, in particular through contract stabilization techniques.
Mr. Bowman has presented papers on a variety of energy topics, including contract stabilization and political risks, gas contract litigation, royalty owner marketing claims, ratable take and take or pay litigation, private actions against petroleum engineers and geologists, transfer pricing issues, decommissioning of offshore facilities, and Host Government Contracts. His article on “Dispute Resolution Planning for the Oil and Gas Industry” appears in 16 ICSID Review - Foreign Investment Law Journal 332-407 (2001), and his article on “Dispute Resolution Planning and Pitfalls for Energy and Natural Resources Disputes” appears in 50 Rocky Mtn. Min. L. Fdn. 8-1 to 8-46 (2004). He was a member of the Board of Trustees of the Rocky Mountain Mineral Law Foundation (2008-2011). He is currently a member of the Council of the Texas State Bar Oil, Gas and Energy Resources Law Section.
Arbitration Experience
For the past 27 years, Mr. Bowman has been continuously involved in the arbitration of energy and petrochemical disputes, domestic and international, in which he has been called upon to enforce arbitration agreements under state and federal arbitration acts and international conventions, to advise clients concerning the selection of arbitrators and arbitration procedures, to represent clients in arbitration proceedings, and to defend arbitration awards against attempts to challenge them in the courts. With the increasing use of arbitration and other forum selection clauses, Mr. Bowman regularly advises energy and petrochemical companies regarding dispute resolution options. He drafts and negotiates dispute resolution agreements, including agreements to cover future disputes arising out of major crossborder energy transactions. Recently, he represented international oil companies in two conciliation proceedings with a state oil company as part of a multi-step dispute resolution process.
He is a member of the Panel of Arbitrators of the AAA International Centre for Dispute Resolution, and was selected by the American Arbitration Association as a member of its National Energy and Commercial Panels, as well as its Houston Oil and Gas Panel. He is a Fellow of The Chartered Institute of Arbitrators (London) and of the College of Commercial Arbitrators. He is Houston correspondent of the International Arbitration Institute, Paris, and a member of the International Arbitration Club, London. Mr. Bowman has served as an arbitrator in numerous domestic and international proceedings dealing with energy and other matters.
Professional Activities and Memberships
Association of International Petroleum Negotiators: President and member of Board of Directors (2014-2015); Vice President for Education and member of Board of Directors (2010-2013); Co-chair, Annual Spring Conference 2002 & 2008; Program Director, Houston Chapter (2004-2005); Model Form Dispute Resolution Agreement Committee, Co-Chair (2002-2004)
Texas State Bar Oil, Gas and Energy Resources Law Section, member of governing Council (2013-2016) (three-year term)
UT/AIPN/Texas Bar OGERLS 2011, 2012, 2013, 2014, and 2015 International Upstream Energy Transactions Annual Conferences, Co-Chair
Institute for Transnational Arbitration/Institute for Energy Law, 2014 Mid-Winter Forum, Co-Chair
Rocky Mountain Mineral Law Foundation, Board of Trustees, Trustee-at-Large (2008-2011)
College of Commercial Arbitrators, Fellow (2003-2014) and Board of Directors (2004-2009)
World Affairs Council of Houston, Board of Directors (2004-2010)
University of Texas Center for Global Energy, International Arbitration and Environmental Law, Advisory Board (2009-2014)
The Chartered Institute of Arbitrators, Fellow (1999-2014)
Institute for Energy Law Annual Conference, International Module Co-Chair 2008
ICC Latin American Arbitration Group - Founding Member
Houston International Arbitration Club (2002-2013) Co-Founder
Institute for Transnational Arbitration 2003 Arbitration Workshop, Co-Chair, Dallas (June 2003)
Special Institute on International Energy & Minerals Arbitration, presented by Rocky Mountain Mineral Law Foundation, Chair, Houston (February 2002)
Houston International Arbitration Club, Co-Chair (2002)
Energy Working Group, International Arbitration Institute, Co-Chair, Paris
New Era for Oil, Gas and Power Value Creation, Energy Institute, Planning Committee Member and Speaker, University of Houston, Houston, Texas (May 2001)
Ad Hoc Energy Industry Committee - International Model Form Service Contracts (responsible for dispute resolution provisions), participant (January 2000 to 2004)
CPR Institute Energy Initiative, Co-Chair, Houston, Texas (November 2000)
Institute for Transnational Arbitration’s 11th Annual Workshop, Mock Arbitration Proceedings, The Making and Enforcement of the Arbitral Award, Participant, Dallas, Texas (June 2000)
The Chartered Institute of Arbitrators Entry Level Course, Instructor, Houston, Texas (March 2000), New Orleans, Louisiana, (November 2001) and San Antonio, Texas (March 2003)
Symposium on Arbitration of International Energy Disputes, sponsored by the American Bar Association and the Association of International Petroleum Negotiators, Chair, Houston, Texas (January 1998)
International Energy & Resources Committee - ABA Section of Environment, Energy, Resources, Past Chair
Recent Publications, Presentations, Articles and Papers
University of Houston Law Center, Guest Lecture on “International Oil and Gas Dispute Resolution,” Houston, October 2014
SMU Dedman School of Law, Guest Lecture on “International Oil and Gas Dispute Resolution,” Dallas, October 2014
ICDR / AIPN 2014 Conference on Dispute Resolution in the International Oil and Gas Industry, “Lex Petrolea: Sources of International Petroleum Law,” Calgary, October 2014
AIPN/RMMLF/IEL, International Oil and Gas Law, Contracts and Negotiations, “International Dispute Resolution,” Houston, September 2014
Chevron, presentation on “Choice of Law in International Petroleum Contracts,” San Ramon, June 2014
Texas State Bar Oil, Gas and Energy Resources Law Section Report, “Resources on Resources: Publications and Databases Available To Help Advocates In International Oil & Gas Disputes,” Spring 2014
University of Oklahoma College of Law, International Arbitration course, Norman, Spring Semester, 2014
Co-Chair, ITA-IEL Joint Mid-Winter Forum on International Energy Arbitration, Houston, February 2014
Co-Chair, University of Texas International Upstream Energy Transactions Conference, Houston, January 2014
University of Houston Law Center International Law Society, Panel Discussions on International Arbitration, Houston, January 2014
Texas State Bar Litigation Report The Advocate, “Advocacy in International Commercial Arbitration,” Winter 2013
University of Houston Law Center, Guest Lecture on “Arbitration and the Perfect Arbitration Clause,” Houston, December 2013
AIPN/BCDR/AAA International Oil and Gas Dispute Resolution Conference, “Lex Petrolea: Important Recent Developments Affecting Contract Stabilization,” Bahrain, November 2013
Rutgers University School of Law, “International Dispute Resolution,” Camden, November 2013
North Africa Oil & Gas Summit, “Non-Technical Risk in the Region,” Tunis, October 2013
Rocky Mountain Mineral Law Foundation, International Energy and Minerals Arbitration, “Enforcement of International Awards in the U.S.,” Toronto, September 2013
Chair, AIPN/BIICL Seminar on “Human Rights Responsibilities in the Oil & Gas Sector,” London, May 2013
Statoil International Legal Summit, presentation on “Contract Stabilization,” Oslo, May 2013
The World Bank, Panel Presentation on Host Government Contract Transparency, Houston, April 2013
The Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, “Choice of Law in Petroleum Contracts: Creation of a Lex Specialis,” New York City, April 2013
The Fletcher School of Law and Diplomacy, Tufts University, High Table Luncheon Series presentation on “Contract Stabilization and Creation of a Sustainable IOC and NOC Relationship,” Boston, April 2013
University of Oklahoma College of Law, International Arbitration course, Norman, Spring Semester, 2013
University of Oklahoma College of Law, Guest Lecture on “Stabilization in International Petroleum Contracts,” Norman, February, 2013
University of Texas/AIPN International Upstream Energy Transactions Conference, Co-Chair and Panelist on “Management of Political Risk,” Houston, January 2013
AIPN Host Government-NOC Conference, “Role of Contract Stabilization in Creating a Sustainable IOC/NOC Relationship,” London, December 2012
Presentations on “Contract Stabilization” at: Total S.A., Paris, November 2012; Hess Corporation, London, December 2012; and Shell, The Hague, December 2012
University of Houston Law Center, Guest Lecture on “International Oil & Gas Disputes,” Houston, November 2012
Shell Annual Litigation Learning Event, International Arbitration Panel, New York City, October 2012
LCIA India/AIPN, Dispute Resolution in the International Oil & Gas Business Annual Conference, “Lex Petrolea, The Legacy of Aminoil v. Kuwait,” New Delhi, October 2012
AIPN/RMMLF/IEL, International Oil and Gas Law, Contracts and Negotiations - Upstream Issues and Agreements, “International Oil & Gas Disputes,” Houston, September 2012
State Bar of Texas, 4th Annual Business Torts, “Ten Questions to Ask Concerning Arbitration of Business Torts,” Dallas, September 2012
King & Spalding Energy Forum, “Stabilization in International Petroleum Contracts,” Houston, June 2012
Corporate Counsel Institute, “Role of In-House Counsel in Arbitration,” Dallas and Houston, April and May 2012
AIPN Spring Conference, “Stabilization in International Petroleum Contracts,” Washington D.C., April 2012
University of Oklahoma College of Law, International Arbitration course, Norman, Spring Semester, 2012
University of Houston Law Center, Guest Lecture on “International Oil & Gas Disputes,” Houston, December 2011
University of Texas Law School, Guest Lecture on “Legal Writing for Advocates in International Arbitration” and on “The Art of Anticipation in International Arbitration,” Austin, October 2011
Association of Corporate Counsel CLE Jamboree, “Trends in International Arbitration,” Atlanta, October 2011
Institute for Energy Law Oilfield Services Conference, “Recent Trends in Litigation Impacting Oilfield Service Companies,” Houston, October 2011
AIPN/RMMLF/IEL, International Energy Law, Contracts and Negotiations - Upstream Issues and Agreements, “International Oil & Gas Disputes,” Houston, September 2011
University of Texas/AIPN 2011 International Energy Transactions, Conference Co-Chair, Houston, January 2011
University of Houston, International Energy Transactions Guest Lecture on “International Oil and Gas Disputes,” Houston, November 2010
College of Commercial Arbitrators 10th Annual Meeting, “Trends and New Developments in Arbitration Law and Practice,” Dana Point, California, October 2010
The American Review of International Arbitration, Vol. 20, No. 3, “In-House Lawyer’s Role, in International Arbitration,” published October 2010
AIPN/RMMLF/IEL, International Oil and Gas Law - Upstream Issues and Agreements, “International Dispute Resolution,” Houston, September 2010
University of Texas/Permanent Court of Arbitration 4th Annual Conference on Arbitration and National Courts, “Arbitrators and the Role of Law,” Houston, May 2010
AIPN/ICDR Conference on Dispute Resolution in the International Oil and Gas Business, “Stabilization Through Allocation of Fiscal Risk,” Houston, April 2010
King & Spalding Energy Forum, “Recent Host Government Actions and IOC Strategies and Options,” Houston, March 2010
American University Washington College of Law & Inter-American Bar Association, “International Commercial Arbitration in the Americas,” Washington, D.C., March 2010
UT Austin International Energy Transactions Conference, “Political Risk in the Host Government Relationship: Historical Lessons, Current Strategies, and the Way Forward,” Houston, January 2010
AIPN U.S. Chapter luncheon speaker, “Stabilization Clauses: Everything You Always Wanted to Know But Were Afraid to Ask,” Houston, January 2010
Books
The Panama Convention and Its Implementation under the Federal Arbitration Act, Kluwer Law International, 2002
“Compelling Arbitration in International Cases,” in International Litigation, American Bar Association, 2003
Adjunct Professorship
Adjunct Professor, International Arbitration, University of Oklahoma College of Law 2012, 2013 & 2014
