Andrew de Lotbinière McDougall KC

Partner, Paris

Biography

“The [KC] is widely regarded as one of Europe’s finest legal minds and his integrity is unimpeachable.”
The Independent

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 "is widely regarded as one of Europe's finest legal minds and his integrity is unimpeachable" (The Independent 2020). He 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 Hall of Fame (Legal 500 EMEA 2022) and Who's Who Legal's Thought Leaders in Arbitration (Who's Who Legal 2022).

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, 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 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. 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).

Bars and Courts
King's Counsel, England & Wales
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

LCIA Arbitration, 2022 – ongoing
Andrew represents a cryptocurrency group in an arbitration regarding a £100 million sponsorship agreement in the sports industry.

ICC Arbitration, 2022 – ongoing
Andrew represents an international mining company in a dispute over an earn-in agreement in relation to exploration permits in Africa involving emergency arbitrator proceedings and criminal investigations.

ICC Arbitration, 2022 – ongoing
Andrew represents a Luxembourg group in a corporate governance dispute involving non-signatory and joinder issues as well as ancillary court proceedings.

UNCITRAL Arbitration, 2022 – ongoing
Andrew represents a State-owned export credit agency in a US$350 million dispute regarding a political risk insurance policy over assets in Africa.

Dispute Adjudication and ICC Arbitration, 2022 – ongoing
Andrew represents a consortium of European contractors in a high-profile billion dollar dispute over a one-of-a-kind project in Latin America.

Dispute Adjudications, 2021 – ongoing
Andrew represents 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 represented a European contractor in a US$260 million arbitration over construction of a plant in Australia, including Belgian litigation over trade secrets and confidential information, and represents it in an ongoing US$270 million arbitration in London over a billion dollar renewable energy project involving termination and emergency arbitrator proceedings.

ICC and Swiss Chambers Arbitrations, 2019 – ongoing
Andrew represents an African State in a 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 disputes 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 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.

Sports Arbitration, 2010 – ongoing
Andrew acts as a sports arbitrator including in Joseph S. Blatter v. FIFA (CAS 2016/A/4501), Ilie 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), and Cardiff v. Nantes (CAS 2019/A/6594).

Speaking Engagements

"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: 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

Publications

Books

A Practical Guide to International Arbitration, Juris, January 2020 (with Abby Cohen Smutny and Michael P. Daly)

 

Articles

"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)

"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

Awards and Recognition

"Thought Leader: Arbitration" 2021 Who's Who Legal

Chambers Global 2020, Dispute Resolution: International Arbitration – Europe-wide
He is "extremely sharp regarding legal issues."

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."