McGowan Arbitration and Dispute Resolution
Areas of Expertise:
✔ Antitrust ✔ Banking & finance
✔ Class Actions ✔ Commercial/Business
✔ Construction ✔ Contract Disputes
✔ Employment ✔ Energy including oil and gas
✔ Executive Compensation ✔ Family Businesses
✔ Health Care ✔ Industrial
✔ Insurance ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Legal Malpractice ✔ Medical Malpractice
✔ Mergers & Acquisitions ✔ Partnerships
✔ Professional Fees ✔ Professional Liability
✔ Professional Malpractice ✔ Professional Negligence
✔ Securities ✔ Shareholder Disputes
✔ Torts ✔ Trade Secrets and Confidentiality Disputes
Arbitrated over 180 matters (AAA, CPR, ICC, ICDR, and Ad Hoc). Examples: Energy, oil and gas, chemicals --Co-generation agreements between refiner and co-generator --Gas processing agreements --Steam supply contracts (three arbitrations) --Long-term coal supply contract --Valuation of limited partner’s interest in chemical plant --Dispute between energy company and cryogenic plant concerning contract for gas-to-LPG conversion and LPG storage --Refinery turnaround contracts --JOA billing disputes --Output contract between refinery and chemical buyer --Gas dedication dispute between transporter and producer --Wireline services covenant not to compete --Joint venture to develop offshore drilling platform project in South America --Indemnity provisions in Master Services Agreement --Oil and gas limited partnership dispute --Power producer claims against wind turbine manufacturer for allegedly defective turbine blades --Biodiesel contract dispute regarding sharing of tax credits Construction --Semisubmersible production platform and mooring system—engineering, procurement, and construction (EPC) contract and towing/installation contract --Large apartment complex --Major league baseball stadium --Refinery expansion --Underground electrical conduit and signal installation subcontract for new state highway --Alleged defects in large diameter pipe supplied for pipeline construction project --Gas processing plant --Pipeline delivery station --Chemical plant—EPC contract Miscellaneous commercial disputes --Airline capacity purchase agreement --Joint venture to develop medical device --Contract for beach cleanup of massive oil spill --Trade secrets—computer software --Healthcare industry—prompt pay claims; covenant not to compete; partnership disputes --Attorneys’ fee disputes—between law firm and client; between law firms --Condominium owners statutory fraud claims against lender --Telemarketing contract --Indemnity claims --Insurance claims --Law firm partnership disputes Chair of panel or sole arbitrator in over 110 matters. Twenty-eight international arbitrations. See www.mcgowan-adr.com for more information on experience.
Attorney for 40+ years. 1973 to 1989—complex business litigation (founding partner at Susman, Godfrey & McGowan) 1990 to present—arbitration and mediation
Examples: A. Semisubmersible Production Platform and Mooring System Arbitrator in international ICDR dispute arising from engineering and construction of hull and mooring system; issues regarding changes, acceleration, and warranty; over two weeks of hearing; $200MM in claims. B. International Distribution Contract Chair in international ICC dispute arising from contract between US manufacturer and European distributor; one week hearing. C. Steam Supply Contracts Sole arbitrator in dispute between cogen plant and chemical plant; issues regarding economic dispatch of cogen facility; one-week hearing. Panel member in dispute involving shared steam supply between adjacent refineries; issues regarding pricing mechanism; three weeks of hearing. Chair of panel in dispute between cogen plant and refinery; a dozen issues were decided; one concerned the idle run rate of a backup boiler; one-week hearing. D. Refinery Construction Panel chair in dispute arising out of contract to expand petrochemical refinery. E. Design and Construction of Chemical Plant Chair of ICDR arbitration panel in dispute arising from EPC contract; two weeks of hearing; almost $200MM in claims; claims for acceleration and delay. F. Valuation of Contract for Manufacture of Chemical ICDR panel; over $100MM in dispute; one-week hearing. G. Ball Park Construction One of three neutrals selected to arbitrate all disputes arising out of construction of major league ball park; two separate hearings on a dozen issues. H. Computer Software Three-week hearing of trade secret dispute concerning alleged theft of computer software design; $80MM claim. I. Medical Insurer One of three CPR arbitrators in contract/antitrust dispute between healthcare insurers. J. Medical Device Joint Venture Dispute arising out of joint venture to develop medical device; alleged breach of contract, theft of trade secrets, fraud, and antitrust violations; six-day hearing; sole CPR arbitrator. K. CPA Engagement Chaired CPR panel deciding indemnity dispute between major accounting firm and client. L. Airline Capacity Purchase Agreement Chaired ad hoc panel deciding contract dispute between airlines regarding capacity purchase agreement; established block hour rates and dealt with cost allocation issues; six-day hearing.
CPR/CIArb AAA ICDR
Texas Bar 1977
Fellow, Construction Lawyers Society of America. Fellow, Chartered Institute of Arbitrators (London) —FCIArb. 2016, 2017, 2018, 2019, 2020 editions of The Best Lawyers in America in Arbitration. Best Lawyers' 2017 Houston Arbitration "Lawyer of the Year." Acquisition International – Best in International Arbitration 2016 – Texas. Corp America’s 2016 Legal Elite Award for Best International Disputes Arbitrator – Texas. Corporate LiveWire 2016 Global Awards — Arbitration in the Energy Sector. Finance Monthly Global’s 2016 Award—Arbitration and Mediation Law Firm of the Year–USA. Lawdragon 500-one of 500 best judges (public and private) in U.S. Texas Super Lawyer for nine years running. Recipient, 2012 Distinguished Counselor Award presented by Council of the Antitrust and Business Litigation Section, State Bar of Texas.
International Panel of Arbitrators, International Centre for Dispute Resolution (New York). Energy Arbitrators List, an international panel of energy industry arbitrators sponsored by the International Centre for Dispute Resolution. Roster of Neutrals, American Arbitration Association; Commercial Panel, Large and Complex Case Panel , and Oil & Gas Panel. National Panel of Distinguished Neutrals, International Institute For Conflict Prevention and Dispute Resolution ("CPR"). CPR’s Energy, Oil and Gas Panel of Distinguished Neutrals. Panel of International Arbitrators, Korean Commercial Arbitration Board. International Panel of Arbitrators, British Columbia International Commercial Arbitration Centre. Panel of Arbitrators, Hong Kong International Arbitration Centre. Panel of Arbitrators, Singapore International Arbitration Centre. Panel of Arbitrators, Australian Centre for International Commercial Arbitration. Institute for Energy Law Directory of Energy Arbitrators. Panel of Arbitrators, Vienna International Arbitral Centre. Panel of Arbitrators, Kuala Lumpur Regional Centre for Arbitration.
Fellow, College of Commercial Arbitrators. Charter Member and Executive Committee, Texas Chapter of the National Academy of Distinguished Neutrals. Fellow, Construction Lawyers Society of America. Fellow, Chartered Institute of Arbitrators (London) —FCIArb.
B.A., Economics, University of Texas at Austin (1970). J.D., University of Texas School of Law (1973); Associate Editor, Texas Law Review.
12 Ways To Achieve Speed and Efficiency in Arbitration, Corporate Counsel (April 2013). Sanctions in US and International Arbitrations: Old Law in Modern Context, Kluwer Arbitration Blog (October 2013). Don't Call It A Trial: What Litigators Should Know About Arbitration, Houston Lawyer (July-August 2014).
Languages--English and basic German. Hobbies--photography and fly fishing.