Practice Experience
Phillip's practice is focused in international arbitration, and engineering and construction. He has for years been recognised by legal directories as a "leading individual" in both these fields, and in the rail industry. He is at ease in addressing highly technical engineering and technology issues, of which he has also had considerable experience. Again in 2008, he was one of the very few lawyers worldwide listed in the Most Highly Regarded Individuals – Global in the International Who’s Who of Business Lawyers in Construction.
Phillip has been involved in countless international disputes (as adviser, advocate, mediator, legal assessor, or arbitrator). He also has substantial experience in construction contract drafting, especially in the building, civil engineering and rail sectors. A great deal of Phillip's experience relates to complex engineering, high technology, and electrical or mechanical procurement issues, and infrastructure projects. For example, he acted for TML, the Channel Tunnel contract consortium, in three ICC arbitrations and in the many references to that project's Disputes Panel. Phillip has advised EPC contractors, state electricity generator/distributors, national gas distributors, high-speed rail authorities and suppliers, metro and light-rail projects, and privately financed infrastructure projects. He has also worked on projects for defence, highways, power, process plant and construction procurement in many countries worldwide involving, for example, Belgian, Chinese, Dutch, French, German, Greek, Finnish, Indian, Italian, Indonesian, Japanese, Kuwaiti, Lithuanian, Pakistani, Portuguese, South African, Spanish, Swiss, Taiwanese, Turkish, UAE, US and Yemeni participants.
Phillip is a highly regarded advocate in arbitration. As counsel, he has acted under the rules of ICC, LCIA, and the Stockholm, Madrid and Prague Chambers of Commerce, as well as in contractual mediations and ad-hoc arbitrations under UNCITRAL Rules and otherwise. His cases have included cross-border investor disputes, engineering issues concerning process plant, rail infrastructure, oil and gas facilities, and power and water plants, and applications of international technical standards (ISO, ASME, etc).
As arbitrator, Phillip has chaired ICC, LCIA and UNCITRAL arbitral tribunals, and has served as sole arbitrator and party-appointed arbitrator in ICC and LCIA arbitrations. As arbitrator, all his cases have been international cross-border disputes concerning manufacturing facilities design and procurement, mineral supplies and processing, oil and gas plant processing, investor disputes, agency contracts, claims under guarantees, metal ore trading, construction contract disputes, sale and supply issues, and manufacturing plant commissioning; and were governed by the laws of Switzerland, India, Kuwait, Egypt, France, Jamaica and England.
Formerly Chairman of the Faculty of Law at Oxford University, he now teaches International Arbitration and Construction Law at King’s College London, and directs the annual International Diploma Course for the Chartered Institute of Arbitrators in Oxford.
For the ICC in Paris he led small working groups drafting model clauses for ICC arbitration and ADR, and for use with the ICC Rules for Expertise. He drafted the disputes clauses in the New Engineering Contract 2nd edition and ICE 7th edition and was engaged as expert by French Association of International Contractors (SEFI) to evaluate FIDIC’s EPC Silver Book. For CIRIA’s Client's Guide to Risk in Construction he wrote on legal risk management.
Internationally, he has by invitation lectured in most West European countries, in the USA and Canada, the Middle East, and in Japan, Hong Kong, Singapore, Malaysia and China. These have included the Beijing Arbitration Commission; the keynote speaker to the major Kuala Lumpur conference on the new Malaysian Arbitration Act; the biennial conference of the German (DIS) and the Swiss Arbitration Association; the Vienna VIAC/UNCITRAL annual conference; CPR's annual European conference; IBA Arbitration Day in Geneva; the major international conference "Whose Risk?", informing the Tang Review, in Hong Kong; the XVIIth Annual Meeting of the ICC Institute of International Business Law and Practice in Brussels on dispute resolution within the performance of contracts; the AAA DART (Dispute Avoidance and Resolution Taskforce) Multi-Disciplinary Conference in Kentucky, USA, as special invited speaker on key provisions in the Channel Tunnel Contract; the inaugural Lloyds Register Lecture for the Royal Academy of Engineering on "Practical Management of Legal Risks"; and a colloquium at the French Senate on "L'Europe et les Marchés Publics" (1992) at the invitation of L'Association Promouvoir la France.
Bars and Courts
England and Wales, 1991
Solicitor Advocate, 2006
Education
Nash Professor of Engineering Law, King's College, University of London BA/MA, Oxford University, by Special Resolution, 1977 BA in Law, Durham University, First Class Honours, 1973 University Book Prize winner, 1972 Sweet & Maxwell Law Prize Winner, 1971
Professional Associations and Memberships
Honorary Member of the Society of Construction Law Honorary Member of the Royal Institution of Chartered Surveyors Honorary President of the Adjudication Society International Bar Association, former Chairman of International Construction Disputes Committee International Chamber of Commerce, member of Commission on Arbitration LCIA, member Chartered Institute of Arbitrators, Fellow, Chartered Arbitrator, Director of Diploma in International Commercial Arbitration Construction Industry Council, UK, Liability Task Force Construction Industry Development Council of India, International Advisory Group
Publications
Books:
International Arbitration: A Handbook (3rd Edition) (LLP, 2004) Emden's Construction Law (Butterworths, ongoing looseleaf): former General Editor, and contributions on aspects of construction contracts and variations Dispute Resolution in the Construction Industry (with N Gould, G Dixon and M Cohen) (Thomas Telford, 1999) New Horizons in Construction Law (Construction Law Press, 1998): chapter on Construction disputes Handbook of Arbitration Practice 3rd ed (Sweet & Maxwell, 1998): chapter on Construction Industry Arbitrations (with A Bunch) Risk, Management and Procurement in Construction (Construction Law Press, 1995): chapter on Risk in Construction International and ICC Arbitration (Construction Law Press, 1989): chapter on Bonds and Guarantees Construction Disputes: Liability and the Expert Witness (Butterworths, 1989): chapter on Construction Liability Construction Contract Policy - Improved Procedures and Practice (Construction Law Press, 1989): Editor, with John Uff Latent Damage Law - The Expert System (Butterworths), (with R Susskind) Latent Damage Act 1986 (Legal Studies & Services) Annual Survey of Commonwealth Law: chapters on Contract Law in the final series
Journals:
Construction Industry Law Letter: founding Editor and principal author from its inception in 1983 until 1990 "The Adjudicator under NEC 2nd edition: a new approach to disputes," article in Engineering, Construction and Architectural Management, Dec 1995 "Arbitration and Adjudication after 1996: Practice, Procedure and Opportunities," article in Construction Law Journal, 1997 "Mediation post-Woolf," Basic Choices in the Allocation and Management of Risk, article in the International Construction Law Review, 2001 (ABA/Chartered Institute of Arbitrators): summary of contribution: Arbitration, 2001
Other publications include:
A Client's Guide to Risk in Construction, CIRIA (Construction Industry Research and Information Association) 1996: contribution on legal risk management aspects – report of research project jointly with Halcrow (Patrick Godfrey) SEFI Report on the FIDIC Silver Book Turnkey EPC Contract: independent expert report and critical evaluation (with P Genton), commissioned by SEFI, the Association of French International Contractors Regular specialist contributions and supporting papers on Construction Law to TEN (Television Education Network) video programmes for lawyers, civil engineers and other professionals (1991-1996)
Directory quotes
“A ‘household name’, Capper received votes from around the world for his construction, engineering and international arbitration practice.” - The International Who’s Who of Business Lawyers 2008: Construction
“Any characterisation of international arbitration ‘would be incomplete’ without mention of Phillip Capper... the tenor of his work is set by his ‘guru status’ in the construction community.” – Chambers Europe 2007: Dispute Resolution Europe-wide
“The ‘excellent, incredibly well-respected’ Phillip Capper... his construction background shapes his practice and he also sits as arbitrator.” - Chambers Global 2007: Arbitration
“Capper is ‘well known internationally’ and ‘a big name’ in the marketplace.” – The International Who’s Who of Business Lawyers 2007: Construction
“Much ...success ... is attributed to the kudos associated with the name of Phillip Capper. Increasingly sitting as arbitrator, he is credited with a ‘fantastic knowledge base’ and specialist construction expertise.” – Chambers UK 2006: Arbitration (International)
“one of the few lawyers who can apply a wealth of learning in a non-academic way.” – Chambers UK 2006: Construction
“ ‘genius’ Phillip Capper.” – Chambers UK 2005: Introduction
“Clients described Phillip Capper as a ‘brilliant adviser’ who excels on the interface between construction and international arbitration.” – Chambers UK 2005: Arbitration (International)
“The ‘outstanding’ Phillip Capper is one of the leading academic influences on construction law... However our sources insisted that he was ‘never academic in the ivory towers sense’. He is known for his ‘very practical advice’ in the rail sector and in international arbitration.” – Chambers UK 2005: Construction
Languages
English French
Citizenship
British
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