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Thomas Cubbage
Thomas L. Cubbage III
Partner
Washington +1 202 662 5464 tcubbage@cov.com Download V-card

T.L. Cubbage is a seasoned advocate who represents energy businesses before courts and arbitral tribunals. He has appeared as counsel in disputes arising from oil and gas projects in the U.S., Latin America, and Africa and acts as co-chair of Covington’s Energy Litigation group.

Mr. Cubbage has litigated many cases against the federal government and argued before arbitrators in both commercial and investor-state disputes. His experience includes disputes arising from production sharing contracts, joint operating agreements, asset sale agreements, onshore and offshore U.S. leases, environmental remediation, insurance contracts, and investment treaties. For three years, he served as a senior in-house counsel for a global oil, natural gas, and chemicals business.

  • Representation of ExxonMobil subsidiaries in an ICSID arbitration against Venezuela seeking full compensation under the Netherlands-Venezuela bilateral investment treaty and international law for the expropriation of their investments in Venezuela.
  • Acted as co-lead counsel for an international oil company in an ICC arbitration to enforce a contractual indemnity against a national oil company in Latin America, resulting in a U.S. $907 million award.
  • Represented a natural gas pipeline operator in arbitration and U.S. court proceedings against insurers after a rupture and fire, resulting in favorable settlements to secure coverage for government investigations and liability claims arising from the accident.
  • Appeared before an ICSID tribunal in an arbitration arising from the expropriation of interests in an oil production services business in Latin America, resulting in a tribunal award for more than U.S. $60 million.
  • Represented a U.S.-based independent exploration and production company in connection with ICC arbitrations to resolve disputes under JOAs and PSCs with a national oil company in Africa.
  • Represented numerous upstream oil and gas companies in royalty or lease development disputes with the U.S. federal government.

Memberships and Affiliations

  • American Law Institute, Member
    • Members Consultative Group on the Restatement of the U.S. Law of International Commercial Arbitration
    • Members Consultative Group on the Restatement of the Foreign Relations Law of the United States
  • Association of International Petroleum Negotiators, Member
  • Trustee, Center for American and International Law (CAIL)

Previous Experience

  • Kerr-McGee Corporation, Senior Counsel (2003-2006) 
  • Chambers USA, ERISA Litigation (2014-2017)
  • Washington DC Super Lawyers, Energy & Resources (2013-2017)
  • Best Lawyers in America, Litigation - ERISA (2013-2017)
  • Legal 500 US, Energy: Litigation (2013-2017) and ERISA Litigation (2010-2015)    
  • Legal 500 Latin America, International Arbitration (2012-2015)