Clare Connellan

Partner, London

Biography

“Incredible experience and really brings a lot of insight into alternative dispute resolution and how it relates to business and human rights” Chambers Global 2023

“Extremely able partner who stands out for her expert handling of construction disputes across an array of jurisdictions” Who’s Who Legal 2022, Future Leaders: Construction

Overview

Clare is a Partner based in White & Case's London office and works with the International Arbitration and Construction and Engineering Groups. She advises companies, state entities, contractors, owners and operators on the resolution of complex disputes, with a particular focus on disputes within the construction and engineering industry.

Clare has been involved in arbitrations under the ICC, LCIA, LMAA and CRCICA rules, as well as ad hoc arbitrations, including under the UNCITRAL rules. Clare also advises on alternative dispute resolution, including mediation, and is a CEDR-accredited mediator. She has spent time on secondment to the LCIA as counsel.

Clare is also Head of White & Case's Business & Human Rights Specialty Practice and also sits on the on the core team of ESG & Sustainability Speciality Group and on the Firm's Responsible Business Working Group . She is consulted in relation to issues involving the UNGPs, SDGs and UN Global Compact; the UK Modern Slavery Act compliance and statements; human rights governance, risk assessments and reputational issues; supply chain governance and risk assessments; corporate disclosures and sustainability reporting; and tailored human rights training.

Clare provides pro bono support on business and human rights issues, including for multi-stakeholder initiatives. She gained a certificate in Business Sustainability Management from CISL in 2021.

Clare "is an extremely able partner who stands out for her expert handling of construction disputes across an array of jurisdictions" (Who's Who Legal 2022, Future Leaders: Construction ). She wins praise for her significant expertise in construction and engineering disputes, with impressed respondents highlighting her as "excellent" and "particularly strong on ESG matters". (Who's Who Legal 2022, Future Leaders: Arbitration). Peers say Clare is a "fast, efficient and a quick thinker" (Legal 500, 2019), "a very talented disputes lawyer", and "particularly knowledgeable in the field of complex construction disputes" (Who's Who Legal, Future Leaders 2019). Clare has been honoured on the Legal 500 International Arbitration UK Private Practice Powerlist 2019 and 2022.

Chambers Global 2023 identifies Clare as a notable practitioner for Business & Human Rights: Clare Connellan advises corporations and mining companies on human rights due diligence, supply chain risk assessment and compliance with modern slavery legislation. She has "incredible experience and really brings a lot of insight into alternative dispute resolution and how it relates to business and human rights." Sources hail Connellan as a "fantastic lawyer," who is "great in this area,"extremely bright and knows what she's doing"; and with "strong expertise."

Bars and Courts
Solicitor Advocate
England and Wales
Education

Accredited Mediator, Centre for Effective Dispute Resolution

LLM
Queen Mary, University of London
Diploma
International Commercial Comparative Arbitration, School of International Arbitration
Queen Mary, University of London
LPC
Nottingham Law School
Maitrise en droit privé
Université de Paris I Pantheon Sorbonne
LLB
English law and French law
King's College London
Languages
English
French
Spanish

Experience

Business & Human Rights and ESG

Advising on compliance with the UK Modern Slavery Act, and on pan-European teams regarding EU reporting and due diligence requirements, Germany's proposed supply chain due diligence law, and the proposed EU Directive on Corporate Due Diligence and Corporate Accountability.

Assisting companies with supply chain due diligence, Human Rights Impact Assessments (HRIAs) and the remediation of adverse human rights impacts.

Assisting companies with the development and/or internal reviews of human rights and sustainability policies and processes informed by the UNGP (including modern slavery and human rights policies, risk assessments and supplier codes).

Assisting companies with assessment and correspondence relating to the OECD Guidelines for Multinational Enterprises and OECD Due Diligence Guidance.

Assisting and participating in reviews of country-specific national action plans.

Dispute Resolution

Advising an Asian contractor in relation to potential disputes involving supply contracts for wind turbines.

Advising a leading power producer in a dispute relating to the supply of equipment by a manufacturer of wind turbines.

Representing the owners in a construction arbitration dispute in connection with photovoltaic power plants in Latin America.

Representing the lead member of a contractor consortium in an ICC arbitration against a government entity in relation to claims and counter-claims concerning the termination of a contract for a major rail project.

Representing Grupo Unidos por el Canal S.A. and its shareholders Sacyr S.A., Salini-Impregilo S.p.A., and Jan De Nul N.V. in an ICC dispute with the Panama Canal Authority relating to the US$5.5 billion Panama Canal expansion project

Advising in relation to an intra-consortium dispute (ICC rules)

Representing the Ad Hoc Group of Noteholders (AHG) on the financial restructuring of Petra Diamonds Limited and its group.

Advising an international consortium on pre-arbitration disputes on a major infrastructure project in north Africa.

Advising a major European energy provider in relation to the construction and installation by contractors of a nuclear power plant (ICC rules).

Representing a shipbuilder in a multi-million euro LCIA arbitration concerning the major refurbishment of an FPSO, and related arbitration with asubcontractor. (LCIA rules)

Representing the lead member of a contractor consortium on its legal position and on ICC arbitration proceedings against a government entity in relation to claims and counter-claims in respect of a major railway project.

Advising on dispute resolution and strategic considerations in relation to turnkey contracts and for the supply of spare parts for a renewable energy project (ICC rules)

Representing one member of a consortium involved in the design and construction of a power plant in the Middle East in an ICC arbitration and related issues.

Advising a shipbuilder on an arbitration under LMAA Rules.

Advising an Asian EPC contractor concerning entitlements against the employer and sub-contractors arising out of an independent infrastructure project in a Middle Eastern state, including a contract for the supply of equipment.

Advising a major European energy provider on disputes arising out of a sale and purchase agreement for a refinery.

Advising international companies on arbitration and tiered dispute resolution contract provisions.

Advising a major leisure complex operator on a multi-party dispute regarding structural defects in a development in the UK arising out of related contracts with conflicting dispute resolution provisions and associated appointments for remedial works.

Publications

In-Depth: Global Damages, 6th edition (2023), Lexology, United Kingdom Chapter with Phoenix Kushner, Arthur Lauvaux, Emiko Singh and Bryony Withers

From trash to treasure: Green metals from recycling (2022) JD Supra with David Bond, Rebecca Campbell, James Foo, Paddy Mohen

The Global ESG Regulatory Framework Toughens Up (2022), Harvard Law School Forum on Corporate Governance

Compensatory Damages Principles in Civil and Common Law Jurisdictions: Requirements, Underlying Principles and Limits (2022) The GAR Guide to Damages in International Arbitration – Fifth Edition with Elizabeth Oger-Gross and Angelica André

A Procedural Pandora's Box: What Do Users Want from Arbitral Rules and Institutions Todat? (2021), Kluwer Arbitration Blog

Compensatory Damages Principles in Civil- and Common-Law Jurisdictions – Requirements, Underlying Principles and Limits (Chapter 1 in GAR Guide to Damages in International Arbitration, 2019, with Elizabeth Oger-Gross and Angelica André)

The Global Damages Review, 2nd edition (2019), The Law Reviews, United Kingdom chapter

Selected recent articles (available on Lexology) including:

Due Diligence in Supply Chains - Update on corporate human rights and environmental due diligence requirements in the EU and Germany (January 2023)

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone (March 2020)

The business case for understanding human rights and ESG benchmarks (January 2020)

Blowing the whistle on inadequate protections: how does the new EU Whistleblower Directive improve on existing legislation (November 2019)

Digitalising the mining and metals global supply chain: 2019 sustainability update (October 2019)

Supreme Court finds that UK-domiciled parent company may owe duty of care to third parties for the acts of its foreign subsidiaries (April 2019)

Delivering value and managing risks: how human rights are relevant for business (April 2019)

Awards and Recognition

Business & Human Rights Law - Chambers Global 2023

Band 3 – Business & Human Rights Law – Chambers Global 2023

"Next Generation Partners" – Legal 500 UK 2023, 2022, 2021

Legal 500 UK Arbitration Powerlist, 2022

2021 Lawdragon 500 Global Litigation Lawyers

"Future Leader: Construction" 2022 Who's Who Legal

"Future Leader: Arbitration" 2022 Who's Who Legal

"Class of 2021," Women, Influence and Power in Law awards, Law.com