Andrew de Lotbinière McDougall KC
Biography
Overview
Andrew McDougall KC is a partner in the International Arbitration Practice and a member of the Firm's elected Partnership Committee. He serves on the Firm's Global Women's Initiative Committee and Global Leader Training Committee. He formerly served as chair of the EMEA Operations Council and head of the EMEA Disputes Section.
"Andrew McDougall is one of the world’s leading arbitration specialists" (Legal 500 2023) and "is widely regarded as one of Europe's finest legal minds" (The Independent 2020).
"Andrew is very clever and provide[s] great delivery" (Chambers Global 2024). "He represents multinationals and sovereign states in high-stakes arbitration cases" (Chambers 2023) and is lauded as "a brilliant lawyer and leader in the arbitration community" who "has a wealth of experience in commercial disputes in the natural resources, construction, and M&A spaces" (Who's Who Legal 2022). Andrew is described by clients as an "excellent and effective lawyer" (Chambers 2022) and "extremely sharp regarding legal issues" (Chambers 2020). He is considered "a key figure in the firm's commercial arbitration practice" with "an increasingly prominent profile in the market" (Chambers 2019). Andrew "stands out as a 'powerhouse counsel' who is 'smart, measured and trusted' in major international disputes" (Who's Who Legal 2019). He is listed in Legal 500's Private Practice Arbitration Powerlist (2023) and Hall of Fame (Legal 500 EMEA 2023 and 2024) and has been listed in Who's Who Legal's Thought Leaders in Arbitration since 2017.
Andrew is known for his advocacy skills. He was appointed King's Counsel and is a trustee and former chair of the Foundation for International Arbitration Advocacy's Executive Committee. He is also a trustee and former recipient of the Fox Scholarship at Middle Temple and received A+ and the prize for Trial Advocacy in law school. "A strong advocate" (Chambers 2021), "sources praise his advocacy skills and report that he is 'one of the bright stars' in this area" (Chambers 2019). One source commented that "one of the best cross-examinations I have ever seen was done by him" (Chambers 2018). "Charismatic and persuasive" (Who's Who Legal 2018), Andrew is noted for "show[ing] great determination to understand the merits of a case " (Legal 500 2018).
Andrew represents Canada on the ICC Court (2018-2024), is a member of the ICC Institute, ICC Commission, ICC Canada and ICC France, and served on the ICC Task Force on Emergency Arbitrator Proceedings. He is on the Rosters of Arbitrators of the Court of Arbitration for Sport and the ICDR. Andrew has taught international arbitration at Université Paris 1 Panthéon-Sorbonne, the University of Ottawa and the Moscow State Institute of Foreign Relations. He has also taught international arbitration advocacy for 20 years. Andrew is co-author of A Practical Guide to International Arbitration (Juris, 2020).
Andrew is also Special Counsel to Canadian law firm Perley-Robertson, Hill & McDougall (White & Case LLP and Perley-Robertson, Hill & McDougall LLP/s.r.l. are not associated firms).
Nelligan Power Prize for Highest Standing in Trial Advocacy (A+)
Québec City
Experience
Sports Arbitration, 2024 – ongoing
Andrew represents a State agency in a politically sensitive dispute regarding anti-doping compliance.
UNCITRAL Arbitration, 2022 – ongoing
Andrew represents a State-owned export credit agency in a US$350 million dispute with an energy company governed by a North American law regarding a political risk insurance policy over assets in Africa.
LCIA & ICC Arbitrations, 2022 – 2023
Andrew represented a cryptocurrency group in arbitrations seated in London and Geneva regarding two sponsorship agreements in the sports industry worth £100 million and €200 million and governed by English law and Spanish law.
ICC Arbitration, 2022 – 2023
Andrew represented an international mining company in a dispute seated in Paris over an earn-in agreement governed by English law in relation to exploration permits in Africa involving emergency arbitrator proceedings and criminal investigations.
ICC Arbitration, 2022 – 2023
Andrew represented a Luxembourg group in a corporate governance dispute involving non-signatory and joinder issues as well as ancillary court proceedings.
Dispute Adjudication and ICC Arbitration, 2022 – ongoing
Andrew represents a consortium of European contractors in a high-profile US$5 billion dispute seated in Miami over a one-of-a-kind infrastructure project in Latin America.
Dispute Adjudications, 2021 – 2023
Andrew represented an international organization in dispute adjudication related to a first-of-a-kind multi-billion dollar international project in the nuclear industry.
ICC Arbitrations, 2020 – ongoing
Andrew represents a European contractor in a US$540 million arbitration in London over a billion dollar renewable energy project involving termination and emergency arbitrator proceedings and represented the same contractor in a US$260 million arbitration in London over construction of a plant in Australia, including Belgian litigation over trade secrets and confidential information.
ICC and Swiss Chambers Arbitrations, 2019 – ongoing
Andrew represents an African State in a highly mediatized US$1.3 billion dispute regarding a fraud, bribery, and corruption scandal.
Multiple Arbitrations and Adjudications, 2019 – 2021
Andrew represented Asian and European clients in numerous dispute adjudications in Australia and arbitrations seated in Singapore related to a US$40 billion LNG project in Asia-Pacific.
ICC Arbitration, Dispute Adjudication, Court Litigation & Mediation, 2012 – 2018
Andrew represented a European client in a high-stakes €7 billion dispute in the nuclear industry involving a first-of-a-kind project and multiple proceedings in several fora.
ICC Arbitration, 2015 – 2017
Andrew represented a South American client in a US$650 million ICC arbitration in The Hague governed by English law over a shareholder agreement in the telecommunications industry in Africa.
ICC Arbitration, 2012 – 2016
Andrew represented an Eastern European client in a high-profile €1 billion ICC arbitration in Geneva governed by an Eastern European law over a project in the nuclear industry.
Emergency Arbitrator Proceedings, 2013
Andrew was the first emergency arbitrator to grant urgent relief under the 2012 ICC Arbitration Rules, served on the ICC Task Force on Emergency Arbitrator Proceedings, has acted as counsel in numerous emergency arbitrator proceedings, and is co-author of "Emergency Arbitrator Proceedings", Kluwer Arbitration Practice Plus.
Sports Arbitration, 2010 – ongoing
Andrew acts as a sports arbitrator including in Blatter v. FIFA (CAS 2016/A/4501), Nastase v. ITF (SR/Adhocsport/913/2017), IFAF v. Wiking (CAS 2017/O/5025), Manchester City v. UEFA (CAS 2019/A/6298 and CAS 2020/A/6785), Cardiff v. Nantes (CAS 2019/A/6594), and OM & Gueye v. Watford & FIFA (CAS/2022/A/8600, 8604 & 8633).
"Arbitration and the Olympic Games" (Summary report), 29 February 2024: Paris Arbitration, Jus Mundi and Sorbonne Arbitrage
"Commencement of the arbitration and formation of the arbitral tribunal–the parties to the arbitration–Terms of Reference," "Written submissions–documentary evidence–information technology in arbitration proceedings" and "Interim measures of protection–assistance by the courts–the secretary to the arbitral tribunal", 24-25 June 2022: ASA Arbitration Practice Seminar organized with DIS
"Interim Measures: Emergency Arbitrator Proceedings", 15 Sept 2021 International Arbitration Insight Series
"Canadians Here and There - December edition", 10 December 2020: ICC Canada
"An Introduction to the Revisions in the 2021 ICC Rules of Arbitration", 9 December 2020: ICC Canada
"The Play on Podcast - Sports Arbitration at the CAS", 10 September 2020: The Morgan Sports Law Podcast, Episode 4
"Mergers and Acquisitions", 18 November 2019: International Arbitration Conference: Building Bridges – Resolving Disputes Through International Arbitration, Brisbane, Australia
"Cross-examination of Witnesses", September 2019: Young ICCA Skills Training Workshop, Warsaw
"The Other Europe of Arbitration: European constraints in sport arbitration", April 2019: Status of Arbitration in Europe Annual Conference, Paris
"Understanding and Navigating Unconscious Gender Bias in the Legal Sector", March 2018: ArbitralWomen, Geneva
"M&A arbitration disputes involving publicly listed companies–Perspective of in-house counsel" and "What happens when one of the parties in a several hundred million dollar arbitration over an option agreement does a public listing relying on the disputed asset?", May 2017: Dispute Resolution in M&A Transactions Conference (Court of Arbitration at the Confederation of Lewiatan), Warsaw
"Selected Jurisprudence from Other Sport Tribunals", May 2017: Sport Dispute Resolution Centre of Canada's (SDRCC) Mediator and Arbitrator Conference, Quebec City
"LWRs in India- Challenges and Solutions for Moving Forward", 12 April 2017: 3rd India Nuclear Industry Congress, Mumbai, India
"Advocacy in different international fora: Innovation through cross-fertilization?", January 2017: FIAA-MIDS Tenth Anniversary Conference, Geneva
"Arbitration & Alternative Dispute Resolution", December 2015: FIDIC International Contract Users' Conference (IBC Legal), London
"Non-signatories", November 2015: GAR Live Paris
"Oral Advocacy in International Arbitration", October 2015: YCAP/Young ICCA Fall Symposium - International Arbitration Advocacy Workshop, Vancouver
"Mock emergency arbitration", May 2015: 1st Annual ICC Asia Regional Conference on International Arbitration, Singapore
"Arbitrator Immunity", May 2015: Masterclass for Arbitrators, ICC Institute of World Business Law, Paris
"Preliminary and Urgent Matters", March 2015: ICC YAF Conference, Paris
"Practical aspects of Emergency Arbitrator proceedings", September 2014: ICC UK Symposium on "The Arbitral Award", London
"Emergency Arbitrator and provisional measure: recent experience", May 2014: ICC Brazilian Arbitration Day, Sao Paulo
"Choices in International Commercial Arbitration", April 2014: Faculty of Law of the Moscow State University (MGU), Moscow
"The Process of International Arbitration: Are Procedural Practices still divergent or are they converging?", March 2014: Germany as Seat of Arbitration Conference (AFSIA / DAV), Frankfurt
Books
A Practical Guide to International Arbitration, Juris, January 2020 (with Abby Cohen Smutny and Michael P. Daly)
Articles
"Small modular reactors: The key to decarbonising the industry sector in the European Union?", Power Engineering International, March 2024 (with Kirsten Odynski and Ximena Vásquez-Maignan)
"Are small modular reactors the solution to decarbonising the industry sector?", New Civil Engineer, February 2024 (with Kirsten Odynski and Ximena Vasquez-Maignan
"Are small modular reactors (SMRs) the answer to the world's energy trilemma?", Energy, Oil & Gas Magazine, October 2023 (with Kirstin Odynski)
"Using ICC Case Connect: checklist", Thomson Reuters Practical Law, July 2023 (with Nataliia Tuzheliak
"Going Nuclear – managing claims and disputes during the construction of new build NPPs" (with Daniel Garton, Kirsten Odynski, Ximena Vásquez-Maignan and Emily Elliott)
"The potential for small modular nuclear reactors", Energy Institute, May 2022 (with Daniel Garton, Richard Hill, Kirsten Odynski, Dipen Sabharwal KC and Vit Stehlik)
"Why SMRs will shape the future of nuclear debate", Nuclear Engineering International, October 2021 (with Daniel Garton, Richard Hill, Kirsten Odynski, Dipen Sabharwal KC and Vit Stehlik
"Why small modular reactors will shape the future of nuclear debate", White & Case Insight, 8 June 2021 (with Daniel Garton, Richard Hill, Kirsten Odynski, Dipen Sabharwal KC and Vit Stehlik)
"New 2021 ICC Arbitration Rules", White & Case client alert, December 2020 (with Michael Polkinghorne and Morgane Guyonnet)
"Managing nuclear new build risks", Energy Focus, July 2020 (with Daniel Garton, Richard Hill, Kirsten Odynski, and Dipen Sabharwal KC)
A Practical Guide to International Arbitration, Juris, January 2020 (with Abby Cohen Smutny and Michael P. Daly)
"Why Managing Dispute Risks in NPP Projects is Important", Lexis Nexis Energy Law Report, February 2020 (with Daniel Garton, Richard Hill, Kirsten Odynski, and Dipen Sabharwal KC)
"Managing Dispute Risks in Nuclear Power Plant Projects", Infrastructure Intelligence, 17 December 2019
"Emergency Arbitrator Proceedings", Kluwer Arbitration Practice Plus, 10 December 2019 (with Poorvi Satija and Salma Selim)
"French Supreme Court dismisses Tecnimont challenge 11 years later (Tecnimont SPA v J&P Avax)", Lexis Nexis, 22 January 2019 (with Noor Davies)
Attracting International Arbitrations Through Adoption of Predictable and Transparent National Legislation – Advantages of the UNCITRAL Model Law for an Aspiring Arbitration Seat, Scandinavian Studies in Law, Volume 63,
Arbitration, 2017, (with Tuuli Timonen and Nika Larkimo)
"Recent Trends in International Arbitration", 80 year anniversary book of the Board of Business Practice of the Finnish Chamber of Commerce, October 2017 (with Tuuli Timonen and Nika Larkimo
"Mandatory time limit for rendering awards under Indian law: how good intentions can lead to bad outcomes", the Indian Journal of Arbitration Law (IJAL), vol. 5, issue 2, pp.188-195, January 2017 (with Dipen Sabharwal and Manu Thadikkaran)
"The international aspect of arbitration: 10 thoughts of a practitioner" ("L'aspect international de l’arbitrage: 10 réflexions de practicien"), Interdisciplinary Handbook of Dispute Resolution (Manuel interdisciplinaire des modes amiables de résolution des conflits), pp. 1129-1148, 2015 (with Paul Giraud)
"ConocoPhillips Petrozuata, ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela," Brill Nijhoff - The Journal of World Investment and Trade 15, pp. 1062-1069, 2014 (with Samy Markbaoui)
"L'influence de la culture sur la pratique de l’arbitrage international : une perspective personnelle" ("The influence of culture on the practice of international arbitration: a personal perspective"), McGill Journal of Dispute Resolution (MJDR), volume 1, issue 1, 2014
"International Arbitration Supports a Country’s Competitiveness and the Rule of Law," Revue Droit & Affaires, La Compétitivité de la Règle de Droit, Edition 11, 2013 (with Heather Clark)
"Refusing to Recognize and Enforce an Arbitral Award for the Wrong Reasons – When the Cry for the Right to be Heard is Too Loud," Cahiers de l’arbitrage, n°4, p. 1041, 1 October 2013
"The "Business Case" For and Against International Arbitration," International Energy and Minerals Arbitration, Paper 11, Rocky Mt. Min. L. Fdn., September 2013 (with Kirsten Odynski)
"Res judicata in International Arbitration: Case Studies and Principles," TDM 3, 2012
"Canada and Investment Treaty Arbitration: Three Prominent Issues - ICSID Ratification, Constituent Subdivisions, and Health and Environmental Regulation," 8 South Carolina Journal of International Law and Business 63, 2011 (with Barry Leon and John Siwiec)
"A Holistic Approach to Arbitration," The Lawyers Weekly, Vol. 31, No. 30, December 2011 (with Barry Leon and John Siwiec)
"Ontario Court of Appeal Clarifies Standard of Review for Arbitral Awards and Confirms NAFTA Tribunal's Award of Upstream Losses," North American Free Trade & Investment Report, Vol. 21, No. 19, October 2011 (with Barry Leon and Daniel Taylor)
"Why Statutory Claims Remain Arbitral," The Lawyers Weekly, Vol. 31, No. 18, September 2011 (with Barry Leon and Daniel Taylor)
"Nine Supreme Court Judges Endorse Arbitration," Global Arbitration Review, Vol. 6, Issue 2, April 2011 (with Barry Leon and Daniel Taylor)
"NAFTA Countries Seeking to Set Aside 'Upstream Losses' Award: When Should Courts Intervene?," North American Free Trade & Investment Report, Vol. 21, No. 4, February 2011 (with Barry Leon and Daniel Taylor)
"Left Holding the Bill: Can the NAFTA Countries Recover From Their Constituent Territories," North American Free Trade & Investment Report, Vol. 21, No. 1, January 2011 (with Barry Leon)
"Panorama of World Case Law: Canada," The Paris Journal of International Arbitration, 2010-3 (with Barry Leon)
"Is The System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (Abitibibowater, Chemtura, First Quantum Minerals)?," Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 15, 2010
"To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?," Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 2, 2010 (with Barry Leon)"Why Has Canada Not Ratified the ICSID Convention?," Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, August 24, 2010 (with Barry Leon)
"Why Canada Leads as the Model Law Turns 25," Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, August 10, 2010 (with Barry Leon)
"The CEDR Rules for the Facilitation of Settlement in International Arbitration: An Important Advance in International Arbitration," ADR Institute of Ontario, Spring 2010 (with Barry Leon and Daniel Taylor)
"Confidentiality When Arbitration Goes to Court: A Recent Canadian Court Decision Supports Confidentiality," The Institute for Transnational Arbitration, Vol. 24, No. 1-2, Winter / Spring 2010 (with Barry Leon)
"Keeping Courts' Hands Off Arbitration: Bahrain's Innovation," The Lawyers Weekly, Vol. 29, No. 49, June 2010 (with Barry Leon)
"Delaware Court Enters the Arbitration Business," The Lawyers Weekly, Vol. 29, No. 44, April 2010 (with Barry Leon)
"Upcoming G20 Meeting in Canada Presents an Opportunity for Canada to Join ICSID," North American Free Trade & Investment Report, Vol. 20, No. 6, March 2010 (with Barry Leon)
"What Renders an Arbitration Agreement 'Inoperative': Clarification May Be Coming From the Supreme Court of Canada," International Bar Association - Arbitration News, Vol. 15, No. 1, March 2010 (with Barry Leon)
"Litigating and Arbitrating in Ontario After the New Rules: Lessons from the International Arbitration Evidence Rules of the IBA," The Advocates' Society E-Brief, Vol. 21, No. 2, Winter 2010 (with Barry Leon and Owen Bourns)
"Adding Value to Your International Business," Ottawa Business Journal, www.ottawabusinessjournal.com, April 13, 2009
"LCIA Arbitration," Revue Droit & Affaires: Le choix d'un règlement d'arbitrage, 6th ed., 2008
"The New York Convention and the Coming of Age of International Commercial Arbitration in Canada," Mealey's Executive Summary - The New York Convention: 50 Years of Experience, pp. 74-89, October 2008 (with Luisa H. Cetina)
"How International Arbitral Tribunals Establish the Facts of a Case Through Documentary Evidence," International Business Law Journal, no. 4, pp. 509-522, 2008 (with Nicolas Bouchardie)
"New EU Mediation Directive," IBA Mediation Committee Newsletter, pp. 17-18, September 2008
"Supreme Court of Canada Renders Landmark Decision Encouraging the Arbitration of Commercial Disputes," Bloomberg law reports – Litigation, Vol. 01, No. 05, November 26, 2007
"ICSID Tribunals Apply New Rules on Amicus Curiae," Mealey's International Arbitration Report, February 2007 (with Ank Santens)
"Combating the Corruption of Arbitrators: Update on the Additional Protocol to the Criminal Law Convention on Corruption," Mealey's International Arbitration Report, December 2006
"ICSID Amends Its Arbitration Rules," International Arbitration Law Review, 119, 2006 (with Ank Santens)
"Separability Saved: US Supreme Court Eliminates Threat to International Arbitration," Mealey's International Arbitration Report, March 2006 (with Leon Ioannou)
"International Arbitration and Money Laundering," 20, American University International Law Review, 1021, 2005
"A Case Study in Litigation in Support of Arbitration: China, England, and the Turks and Caicos Islands," Mealey's International Arbitration Report, September 2005
"Affirmation of French Courts' International Jurisdiction on International Arbitration and the Right to the Constitution of an Arbitral Tribunal," International Bar Association Committee D News, Vol. 10, No. 2, 22, September 2005 (with Guillaume Borg)
"Canadian Courts Uphold NAFTA Awards - Part II," North American Free Trade & Investment Report, Vol. 15, No. 2, 10, January 31, 2005 (with Mark A. Luz)
"Canadian Courts Uphold NAFTA Awards," North American Free Trade & Investment Report, Vol. 14, No. 5, 7, March 15, 2004 (with Mark A. Luz)
"Court of Cassation Decision Enforces a Conciliation Clause," International Bar Association Committee D News, Vol. 8, No. 2, 9, September 2003 (with Guillaume Borg)
"On-Line Arbitration Services," Stockholm Arbitration Report, 2002:1, 221
"Thought leader: France – Arbitration" Who's Who Legal, 2017-present"
Private Practice Arbitration Powerlist 2023, Arbitration France, The Legal 500
Hall of Fame: Dispute Resolution: International Arbitration (France), The Legal 500, 2022-present
"Andrew is very clever and provided great delivery." Chambers Global 2024
“Andrew McDougall is one of the world’s leading arbitration specialists” The Legal 500, 2023
"Andrew de Lotbinière McDougall KC moves up the rankings this year. He represents multinationals and sovereign states in high-stakes arbitration cases. He is active across the energy and construction sectors." Chambers Europe 2023
Andrew is lauded as "a brilliant lawyer and leader in the arbitration community" who has a wealth of experience in commercial disputes in the natural resources, construction, and M&A spaces. Who's Who Legal - Construction 2022
He is described by clients as an "excellent and effective lawyer." Chambers Europe 2022
Andrew is an "active practitioner and a strong advocate." Chambers Europe 2021
"The [KC] is widely regarded as one of Europe's finest legal minds and his integrity is unimpeachable" The Independent 2020
"Andrew de Lotbinière McDougall is "extremely sharp regarding legal issues." Chambers 2020
"Sources praise his advocacy skills and report that he is 'one of the bright stars." in this area" Chambers 2019
Andrew "is a key figure in the firm's commercial arbitration practice" and "has an increasingly prominent profle in the market and has experience in high-value energy sector mandates." Chambers 2019
Andrew is regarded as one of the "outstanding individuals at the firm who are all recognized as pre-eminent figures in construction and arbitration matters," and he "receives recommendations from market commentators across Europe and North America for his excellent work handling joint venture, energy, M&A and IP disputes." Who's Who Legal 2019
"Wins plaudits from interviewees for his broad commercial disputes practice" and "offers a wealth of experience in the natural resources, construction, M&A and IP space." Chambers 2019
"Stands out as a 'powerhouse counsel' who is 'smart, measured and trusted' in major international disputes. His broad experience spans the construction, energy and mining industries." Who's Who Legal 2019
"Sources praise his advocacy skills and report that he is 'one of the bright stars' in this area." Chambers 2019
A source said "one of the best cross-examinations I have ever seen was done by him." Chambers 2018
"Charismatic and persuasive." Who's Who Legal 2018
Andrew is noted for "show[ing] great determination to understand the merits of a case, and provid[ing] excellent support and guidance to all witnesses." Legal 500 2018
