Andrew de Lotbinière McDougall

Partner, Paris

Biography

“A truly excellent counsel”
Who’s Who Legal, 2018

Overview

Andrew de Lotbinière McDougall is a partner in the International Arbitration Practice and serves on the Firm's Global Women's Initiative Committee. He formerly served as chair of the Firm's EMEA Operations Council (2016-2018) and head of the Firm's EMEA Disputes Section (2014-2018).

A leading international arbitration lawyer, Andrew offers clients the benefit of his substantial oral advocacy, case strategy and team management experience in large-scale, cross-border disputes around the world, with up to billions of dollars at stake.

Andrew's track record spans a broad range of sectors and types of dispute in common law and civil law, including international joint ventures, oil and gas, nuclear power, construction, mergers & acquisitions, intellectual property, defence, mining and other natural resources.

Andrew is a member of a number of major international arbitration organisations, including being a member of the ICC Court for Canada. He is also a member of the International Chamber of Commerce's Institute of World Business Law, Commission on Arbitration and ADR, and Canadian and French National Committees. He is also on the Roster of Arbitrators of the International Centre for Dispute Resolution and the Court of Arbitration for Sport.

A sought-after commentator, speaker, lecturer and writer on arbitration-related topics, Andrew has taught international arbitration courses at Université Paris 1 Panthéon-Sorbonne, the University of Ottawa and the European Studies Institute of the Moscow State Institute of Foreign Relations. He has 15 years of experience in international arbitration advocacy training in several countries and is Chair of the Foundation for International Arbitration Advocacy's Executive Committee.

Andrew also acts as 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
Solicitor Advocate, England and Wales
Barrister and Solicitor, Ontario
Avocat, Québec
Paris Bar
Education
Middle Temple

Fox Scholarship, The Harold G. Fox Education Fund

LLB (Common Law) and LLL (Civil Law)
University of Ottawa

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

BA (Political Science & Economics)
Université Laval

Québec City

Languages
English
French

Experience

ICC Arbitration, Dispute Adjudication, Court Litigation & Mediation, 2012 – ongoing
Andrew represents 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.

LCIA Arbitration, 2010 – 2011
Andrew represented a Russian client in a US$250 million LCIA arbitration in London governed by English law over shareholder agreements.

Ad Hoc Arbitration, 2009 – 2011
Andrew represented a US client against a State in a US$100 million ad hoc arbitration in Ottawa, governed by a North American law over a contract in the aerospace and defense industries.

Speaking Engagements

"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

"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

Publications

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)

The international aspect of arbitration: 10 thoughts of a practitioner, Interdisciplinary Handbook of Dispute Resolution, pp.1129-1148, 2015 (L'aspect international de l’arbitrage: 10 réflexions de practicien, Manuel interdisciplinaire des modes amiables de résolution des conflits) (co-author with Paul Giraud)

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 (co-author 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, Les 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 Mountain Mineral Law Foundation, September 2013 (co-author 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 (co-author with Barry Leon and John Siwiec)

Awards and Recognition

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"

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"

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 skilful 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."