Andrew de Lotbinière McDougall

Partner, Paris

Biography

Andrew “stands out as a ‘powerhouse counsel’ who is ‘smart, measured and trusted’ in major international disputes”
Who's Who Legal 2019

Overview

Andrew McDougall 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 formerly served as chair of the EMEA Operations Council and head of the EMEA Disputes Section.

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). He "is a key figure in the firm's commercial arbitration practice" and "has an increasingly prominent profile in the market and has experience in high-value energy sector mandates" (Chambers 2019). He "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). Andrew "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).

Andrew is especially known for his advocacy skills. He is chair of the Foundation for International Arbitration Advocacy's Executive Committee, is a trustee and former recipient of the Fox Scholarship at Middle Temple, and received A+ and the prize for Trial Advocacy in law school. "Sources praise his advocacy skills and report that he is 'one of the bright stars' in this area" (Chambers 2019), with a source commenting 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, and provid[ing] excellent support and guidance to all witnesses" (Legal 500 2018).

Andrew represents Canada on the ICC Court, 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 also on the Rosters of Arbitrators of the Court of Arbitration for Sport and the ICDR. Andrew has taught international arbitration at Université Paris 1, the University of Ottawa and the Moscow State Institute of Foreign Relations and has taught international arbitration advocacy for 15 years.

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).

Bars and Courts
Solicitor, Ireland
Admitted to the Paris Bar
Solicitor Advocate, England & Wales
Avocat, Québec
Barrister & Solicitor, Ontario
Education
Fox Scholarship, The Harold G. Fox Education Fund, Middle Temple, London
LLL (Civil Law)
University of Ottawa
LLB (Common Law)
University of Ottawa

Nelligan Power Prize for Highest Standing in Trial Advocacy (A+)

BA (Political Science & Economics)
Université Laval

Québec City

Languages
English
French

Experience

Multiple Arbitrations and Adjudications, 2019 – ongoing
Andrew represents Asian and European clients in numerous disputes related to a US$40 billion LNG project in Asia-Pacific.

ICC and Swiss Chambers Arbitrations, 2019 – ongoing
Andrew represents an African State in a mediatized US$800 million dispute regarding a fraud, bribery, and corruption scandal. 

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 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. 

CAS Arbitration, 2016
Andrew acted as arbitrator in CAS 2016/A/4501 Joseph S. Blatter v. FIFA.

Emergency Arbitrator Proceedings, 2013
Andrew acted as one of the first emergency arbitrators under the 2012 ICC Arbitration Rules in a dispute in Paris over an international sale of goods involving court proceedings in Brazil.

Speaking Engagements

"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

"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

 

Publications

"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

 

Awards and Recognition

Chambers Global 2019, Dispute Resolution: International Arbitration – Canada
(Expert Based Abroad)
"He is noted for his international arbitration practice, and offers a wealth of experience in the natural resources, construction, M&A and IP space."

Chambers Global 2019, Dispute Resolution: International Arbitration – Europe-wide
"Wins plaudits from interviewees for his broad commercial disputes practice which spans the energy, IP and construction sectors. Sources praise his advocacy skills and report that he is 'one of the bright stars' in this area."

Chambers Global 2019, Dispute Resolution: International Arbitration – France
"A key figure in the firm's commercial arbitration practice. He has an increasingly prominent profile in the market and has experience in high-value energy sector mandates."

Recommended Lawyer, The Legal 500 2019, Dispute Resolution: International Arbitration – France       

Who's Who Legal, Arbitration 2019
"Stands out as '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, France 2019
"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.'"

Leading Lawyer, Chambers Global 2018, Dispute Resolution: International Arbitration - France, Europe-wide, Canada (Expert Based Abroad)
"One of the best cross-examinations I have ever seen was done by him", "a quality lawyer doing good work"

The Legal 500 EMEA 2018 
Noted for "show[ing] great determination to understand the merits of a case, and provid[ing] excellent support and guidance to all witnesses"

Who's Who Legal, 2018
"Charismatic and persuasive", "a truly excellent counsel", and "particularly commended for his work in the construction sector, where he is regarded as a top-class expert"

Who's Who Legal, France 2018
"Hugely experienced in construction arbitration and is 'very impressive' when it comes to handling related disputes in the EMEA region."

Leading Lawyer, Chambers Global 2017, Dispute Resolution: International Arbitration
"An extremely talented and experienced arbitration partner [with] international prowess [and] understanding of the dynamics of arbitration proceedings"

Recommended Lawyer, The Legal 500 2017, Dispute Resolution: International Arbitration – France
"Extremely skillful at extracting the essential points in real time in the courtroom"

Who's Who Legal, 2017
"Excellent"; "Really, really good!"; "Superb advocate whose broad expertise in commercial arbitration covers energy and natural resources and cross-border M&A and joint ventures."

Chambers Global 2016
"Outstanding commentary from sources who describe him as 'a strong player and talented lawyer'"

The Legal 500 EMEA 2016
"A talent to quickly adjust to changed circumstances in the courtroom"

Who's Who Legal, France 2016 
"Known for his 'exceptional advocacy skills' and his 'considered approach to proceedings'." "A leading figure in high-profile international disputes." "Impresses with his comprehensive 'strategic mind-set' and 'outstanding powers of persuasion'." "Famed for his 'fantastic advocacy skills', as well as his 'ability to digest and manipulate large amounts of technically complex information'."

Chambers Global 2015
"A class act… very smart, hard-working."

The Legal 500 EMEA 2015
"Impressive… dedicated to his clients… well liked in the international arbitration community globally."

Who's Who Legal 2015
"An 'astute' and 'technically minded' lawyer… 'sensational' in arbitration and advocacy matters... [he] receives widespread praise for his 'expert handling' of cross-border disputes."