Phillip Capper | White & Case LLP International Law Firm, Global Law Practice
Phillip Capper
Phillip Capper

Phillip Capper

Partner, London

T +44 20 7532 1801

T +44 20 7532 1000

E pcapper@whitecase.com

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“The impressive Phillip Capper is respected by clients and colleagues alike as ‘the doyen of construction law.’” (Chambers UK 2013) “Clients admire his ‘stunning grasp of expert evidence and masterful cross-examination of opponents.’” (Chambers UK 2012)

Overview

Phillip is partner and Head of International Arbitration at White & Case LLP in London and his practice is focused in international arbitration, and engineering and construction. He has for years been recognised by legal directories as a "leading individual" in these fields. He is at ease in addressing highly technical engineering and technology issues, of which he has also had considerable experience. He is one of the very few lawyers worldwide who has been listed in the Most Highly Regarded Individuals – Global in the International Who's Who of Business Lawyers in Construction.

Phillip is a highly regarded advocate in arbitration. As counsel, under many applicable laws, common law and civil law, he has acted under the rules of the 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, highways, oil and gas facilities, and power and water plants, and applications of international technical standards (ISO, ASTM, etc).

He has led counsel teams in some of the largest projects in the world, from the Channel Tunnel to the expansion of the Panama Canal, and the new generation of nuclear power plants.

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, United Arab Emirates, India, Kuwait, Egypt, France, Jamaica, and England.

Former Chairman of the Faculty of Law at the University of Oxford, Phillip is now also Nash Professor of Engineering Law at King's College London. He is an Honorary Member of the Society of Construction Law, an Honorary Member of the Royal Institution of Chartered Surveyors, and Honorary President of the Adjudication Society. For 15 years he was the Director of the Diploma in International Arbitration, held in Oxford each year, the flagship programme of the Chartered Institute of Arbitrators.

Bars and Courts

  • England and Wales
  • Solicitor Advocate

Education

  • BA, Law, University of Durham, with First Class Honours
  • BA and MA, University of Oxford, by Special Resolution

Languages

  • English
  • French
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Experience

Speaking Engagements

2014: Speaking at: the LAWIN Arbitration Academy in Vilnius, Lithuania; the International Conference of the Society of Construction Law Conference in Kuala Lumpur; the Arbitration Academy in Paris; the SCC Graduation Dinner in Stockholm; the Leading Arbitrators Symposium on the Conduct of International Arbitration in Vienna; the 29th Annual Joint Colloquium of Arbitrators in London; and the ASA Arbitration Practice Seminar in Italy.

2013: Speaking at: the ICC Institute annual conference in Paris (which paper will be published in a book by the ICC in 2014); the ASA (Swiss arbitration association) annual conference in Zurich (which has been published in an ASA book); the Stockholm Legal Business Summit; the IBA in Boston; the St Petersburg International Legal Forum; the Society of Construction Law in Ireland; on Adjudication the PMG conference in Lausanne, where he spoke on Adjudication; the Chartered Institute of Arbitrators' European Branch conference, where he delivered the keynote address. Phillip also directed the Institute's flagship programme, the annual Diploma in International Arbitration in Oxford, and chaired a conference for King's College London.

2012: Chairing an international conference on Construction Law, and two conferences for King's College London; directing the Chartered Institute of Arbitrators' flagship programme, the annual Diploma in International Arbitration in Oxford; acting as Keynote Speaker at the Vienna Arbitration Days, at the World Congress of the Chartered Institute of Arbitrators, and at the Graduation Ceremony of the British University in Dubai; hosting and speaking at the ICC joint annual colloquium of arbitrators with Queen Mary University of London; speaking at the Annual Review of the Arbitration Act for the British Institute of International and Comparative Law, and at the Swedish Arbitration Days in Stockholm; chairing the arbitration session of the joint conference of City University Hong Kong and Queen Mary University of London; and addressing the Society of Construction Law.

2011: Chairing a Lexis-Nexis conference on International Arbitration, and two conferences for King's College London; directing the Chartered Institute of Arbitrators' flagship programme, the annual Diploma in International Arbitration in Oxford; speaking as Guest of Honour at the dinner of the Swedish Arbitration Association in Stockholm; teaching Construction Law at a university in Dubai, UAE; addressing Goldman Sachs' lawyers in London; and supporting the W&C Warsaw team by speaking on International Arbitration at its FIDIC conference in Warsaw.

2010: Chairing a three-day ICC Masterclass in International Arbitration in Paris; directing the Chartered Institute of Arbitrators' flagship programme, the annual Diploma in International Arbitration in Oxford; the annual joint lecture of TecBar and the Society of Construction Law in London; and the ASA (Swiss) and Swedish Institute biennial arbitration event in Stockholm.

Publications

  • Arbitration World (5th Edition), (Thomson Reuters, 2015): chapter on the London Court of International Arbitration, (co-author with Adrian Winstanley).
  • Inside the Black Box: How Arbitral tribunals Operate and reach their Decisions, (Swiss Arbitration Association, JurisNet, 2014): chapter on dealing with bias and obstruction.
  • The Application of Substantive Law by International Arbitrators, (International Chamber of Commerce, 2014): chapter on proving the contents of the applicable substantive law (2013).
  • Arbitration in England, with chapters on Scotland and Ireland, (Kluwer Law International, 2013): chapter on Relevant Aspects of the English Legal System (co-author, with Julia Zagonek).
  • International Arbitration: A Handbook, (3rd Edition) (LLP, 2004).
  • Emden's Construction Law, (Butterworths, ongoing loose-leaf): former General Editor, and contributions on aspects of construction contracts and variations.
  • Dispute Resolution in the Construction Industry, (co-author, 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 (co-author, with A Bunch).
  • Control of Risk: A Guide to the Systematic Management of Risk From Construction, Construction Industry Research And Information Association, 1996 (co-author).
  • Risk, Management and Procurement in Construction, (Construction Law Press, 1995): chapter on Risk in Construction.
  • Construction Disputes: Liability and the Expert Witness, (Butterworths, 1989): chapter on Construction Liability.
  • Construction Contract Policy - Improved Procedures and Practice, Construction Law Press, 1989 (co-editor, with John Uff).
  • Latent Damage Law - The Expert System, Butterworths (co-author, with R Susskind).
  • Latent Damage Act 1986, (Legal Studies & Services), Annual Survey of Commonwealth Law: chapters on Contract Law in the final series.
  • Phillip has also contributed to the drafting of some of the key documents used in dispute resolution. 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 also drafted the disputes clauses in the New Engineering Contract 2nd edition and ICE 7th edition and was engaged as an expert by the French Association of International Contractors (SEFI) to evaluate FIDIC's EPC Silver Book contract.

Awards & Recognition

Chambers UK 2016: Construction

"Phillip Capper is widely hailed for his abilities and market presence in international arbitration."

Chambers Global 2015: International Arbitration

"Phillip Capper 'is particularly noteworthy for his experience and mastery of construction-related disputes'"

In 2014, Euromoney's Global Commercial Arbitration Awards named Phillip "Construction Lawyer of the Year."

In 2013, the Technology and Construction Solicitors' Association (TeCSA) awarded Phillip the Clare Edwards Award, which recognises "professional excellence and contribution to the legal profession serving the construction industry", and which is given "when an exceptional candidate is identified."

Chambers Global – UK 2014: Dispute Resolution

"Phillip Capper is recognised by peers as a "first-rate arbitration specialist."

Chambers UK 2013: Construction - International Arbitration

"Very eloquent, inventive and highly experienced"

Chambers UK 2013: Dispute Resolution - International Arbitration

"Construction and engineering experience are second to none"

Chambers Global 2012: Arbitration (International) - Global-wide

"Phillip Capper is 'a great strategist and a strong leader who understands the client's needs... [He is] highly regarded for his expertise in construction as well as on engineering sector arbitrations'"

Chambers UK 2011: Construction - International Arbitration

"Probably the top man in construction law today."

Chambers UK 2011: Dispute Resolution - International Arbitration

"A great guy and an outstanding lawyer – he's one of the best and most persuasive speakers I've ever heard."

Chambers Europe 2007

"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."