Andrew is highly regarded and sought after as counsel for complex and high value international arbitration around the world.
He is very experienced arbitration counsel. He has experience of arbitrations under e.g. ICC, LCIA, SIAC, HKIAC, CIETAC, UNCITRAL, SCMA, HKMAG, GAFTA, FOSFA and DIAC rules, as well as ad hoc arbitration and arbitration pursuant to LMAA Terms
Legal 500 has for many years ranked him band 2 for “London Bar – International Arbitration: Counsel”.
He is also ranked by Legal 500 “Regional International Arbitration – The Bar – Construction, Energy and Infrastructure” and likewise for “Shipping and Commodities.
Directories comments have noted that he “excels” in and is “highly regarded for handling disputes from major Asia Pacific arbitral centres”.
In recent years he has been instructed by UK and international/overseas law firms (in e.g. Paris, Dubai, PRC, Germany, India and Singapore) as counsel (as lead advocate, co-counsel, or purely for his cross-examination skills) in arbitrations arising out of e.g.
- mining,
- construction,
- energy, oil and gas, and renewables,
- tech,
- biopharma,
- life sciences,
- joint ventures,
- shareholder disputes and pre-emption rights,
- shipbuilding,
- superyachts,
- shipping, and
- commodities.
He also has significant experience of actions in the Commercial Court (and even the Court of Appeal and the UK Supreme Court) in support of arbitration under the Arbitration Act 1996.
Andrew is one of the authors of the 6th edition of The Arbitration Act 1996 a Commentary (edited by Bruce Harris). He is responsible for a number of chapters on sections of the Act as well as the chapter on anti-suit injunctions and anti-arbitration injunctions, which he drafted
He is in his second term as a UK Delegate to the ICC Commission on Arbitration and ADR.
He is a Supporting Member of the LMAA, a member of HKIAC HK45, and the LCIA Users’ Council.
Much of his work in arbitration is confidential. Examples of his work (under various arbitral rules, in various seats, or before the Commercial Court in support of arbitration) include the following:
Court Actions In Support Of Arbitration
- s.24 - Halliburton v Chubb [2020] UKSC 48 (UK Supreme Court) – Andrew represented the LMAA in its intervention before the Supreme Court in a s.24 challenge to an arbitrator. The Supreme Court accepted the LMAA’s submissions in establishing the common law test for the duty of disclosure by arbitrators (HFW, led by Nick Vineall QC)
- Anti-suit injunction (to restrain pursuit of a €25m claim in an EU member state court) on behalf of a major global corporation in support of arbitration and High Court jurisdiction clauses in underlying contracts. (Sole counsel, Commercial Court)
- s.44 – Amyr Trading Co Inc v Eternus Group Inc [2024] EWHC 2955 (Comm) – Andrew was sole counsel against a KC and successfully argued for the discharge of a s.44 without notice injunction preventing his client from discharging a cargo of Venezuelan hydrocarbons on grounds of lack of disclosure and urgency where there was an LCIA arbitration clause. (Keystone, sole counsel against a KC)
- s.44 - Urgent, out-of-hours prohibitory injunction application under s.44 to prevent the removal and potential loss of a high value asset prior to a London-seated arbitration. The injunction was granted out of hours and upheld at the return date with a costs order. (Stephenson Harwood, led by Chirag Karia QC, Commercial Court)
- s.69 - Jiangsu Guoxin Corp Ltd (formerly Sainty Marine Corp Ltd) v Precious Shipping Public Co Ltd [2021] 1 Lloyd's Rep. 413 (Butcher J) – Andrew was lead counsel for a Chinese energy company and shipyard challenging two LMAA awards worth US$20 million. (CJC, lead counsel against a silk)
- s.68 - BV Scheepswerf Damen Gorinchem v Marine Institute (“CELTIC EXPLORER”) [2015] Lloyds Rep 351 (Flaux J) – Andrew challenged an award under s.68 on the grounds of excessive delay and mere copying and pasting of claimant’s skeleton argument in the award (CDG, with Nick Vineall QC).
- s.68 and s.69 - advising on various potential s.68 challenges and appeals from awards obtained with previous legal representatives.
- s.101 - Successful action to enforce a CIETAC arbitration award relating to the sale of chemicals from China to the EU. (Taylor Wessing, sole counsel, Commercial Court)
- s.24 - Acting for a London arbitrator in a s.24 application to remove the arbitrator.
- Anti-suit injunction (to restrain pursuit of litigation commenced in the USA) obtained on behalf of seven Bermuda underwriters in support of arbitration clauses in 26 policies. Parallel anti-suit application also made in Bermuda. Ex parte. (With Alex Potts KC, Commercial Court)
- Anti-suit injunction application (to restrain pursuit in China of litigation) where policy wording contained a London arbitration clause. (Sole counsel, Commercial Court)
ICC Arbitration (seated in e.g. London, Paris, Geneva, Stockholm and Singapore)
Andrew has acted on a significant number of arbitrations under ICC rules seated in Europe and Asia.
He is in his second term as a UK Delegate to the ICC Commission on Arbitration and ADR.
Examples of cases on which he has worked include:
- ICC, London seat – Acted for Chinese SOE engineering and infrastructure contractor in US$15m dispute arising out of construction of North American port. (Sole counsel)
- ICC, Paris seat – Acted for Claimant in relation to construction project to lay sub-marine cables in Asia. (Sole counsel)
- ICC, London seat (FIDIC - English law) – Claim relating to delay and performance of solar energy plant in Africa. One-week hearing in London and cross-examination of delay expert. (Co-counsel with US law firm, Paris office)
- ICC, Paris seat – Jurisdiction challenge in claims bought by buyer of FSO. Andrew acted for the Asian yard challenging the buyer’s attempt to bring renewed >US$11m claims in a second arbitration under a contract applying the law of an African state. (Co-counsel with French lawyers)
- ICC, Singapore seat – Defending US$36m claim under on demand performance and refund guarantees given by Korean bank on grounds of unconscionability. (With Nick Vineall QC)
- ICC, Stockholm seat (FIDIC - Kazakh law): Counsel in a high-value arbitration relating to a major construction project (skyscrapers) in former Soviet state (led by Joanna Smith QC).
- ICC, London seat, and pre-arbitral referee procedure – Sole counsel in claim by UK investors for breach by Indian developer of agreement to construct solar power plant in EU.
- ICC, Singapore seat – Acted for an Indian steel company in a claim against European steel machinery suppliers in a $multi-million claim (with Joe Smouha QC, Ricky Diwan and Jeremy Brier).
- ICC, Singapore seat – Acted for PRC biopharma / life science company. (Leading Jacob Haddad)
- ICC, Geneva seat – Acted in a c.€800m nuclear energy joint venture dispute between French and German JV partners with a team of French and Swiss counsel. Issues of EU competition law, wrongful termination and interim non-compete injunction (With French and Swiss counsel).
LCIA
Andrew has acted as sole counsel and as part of teams of counsel on LCIA arbitrations between e.g. US$4m and over US$400m in value. Examples include:
- LCIA, London seat – €5m dispute relating to sale of a Russian bulk commodity to an EU buyer where the seller was linked to a Russian listed / designate person under EU and UK sanctions regulations. (Sole counsel)
- LCIA, London seat – Acted for Claimant in relation to construction project to lay sub-marine cables in Asia. (Sole counsel)
- LCIA, London seat – US$130m claim by Asian contractor in onshore solar power plant construction dispute in former Soviet state (led by Jeremy Nicholson QC)
- LCIA, London seat – >$400 million dispute regarding cancellation of design and construction contract for a highly complex specialist pipe-lay vessel. Acting for a Chinese SOE (led by Jeremy Nicholson QC).
- LCIA, London seat – US$4 million biopharma dispute with expert evidence on human immunology. (Sole counsel, against Oliver Caplin)
- LCIA, London seat – Acting for Asian mining interest in c.US$60m tax-related claim in African state. (Co-counsel with PRC law firm)
- LCIA, London seat – Acting for seller of coal rejected at discharge port. (Sole counsel)
SIAC and SCMA (Singapore)
Legal 500 has described Andrew as “highly regarded for handling disputes from major Asia Pacific arbitral centres” in which he “excels”. He has been instructed both by and against Singapore law firms in Singapore-seated arbitration. Examples include:
- SCMA, Singapore seat – Andrew appeared as sole advocate in a hearing over two weeks in Singapore on behalf of an Asian governmental entity claiming c. US$3 million against various defendants in disputes relating to three offshore oil rigs and a commercial guarantee. Andrew’s client obtained an award winning on all points. (Sole counsel)
- SIAC, Singapore seat – Acted for Chinese ship management company in a claim under a voyage charter against a Singapore entity. (Sole counsel)
- SIAC, Singapore seat – Acting for seller of coal where buyer terminated sales contract for alleged breach of sampling and testing terms. (Sole counsel)
- SIAC, Singapore seat – Andrew acted for a PRC company and guarantor defending a claim under a performance guarantee.
Andrew has also acted in several high value ICC arbitrations seated in Singapore (see section above on ICC arbitration) and in a Singapore-seated arbitration under UNCITRAL rules (see below).
HKIAC, HKMAG and ad hoc (Hong Kong)
- Ad hoc, Hong Kong seat – US$5m cargo misdelivery claim (bills of lading not presented). One-day hearing in Shenzhen. (Sole counsel)
- HKIAC – Andrew acted with PRC counsel in a claim under a GENCON charterparty seeking an indemnity for RMB 12m liability for cargo damage.
- HKMAG, Hong Kong seat – a US$7m claim under a COA for failure to nominate cargos of industrial minerals for carriage. (Sole counsel)
- HKIAC, Hong Kong – Andrew acted for the successful defendant Chinese shipyard in a two-week arbitration regarding the rejection of two newbuild bulk carriers on the grounds of allegedly defective hold coating. (With Alex Gunning QC)
- Ad hoc, Hong Kong seat – Acting for defendant charterer in US$400,000 claim for demurrage and detention. (Sole counsel)
CIETAC
- CIETAC arbitration, Beijing – Assisted PRC law firm in dispute relating to construction of a coal terminal and EPC works for power infrastructure in Asia. (Co-counsel with PRC law firm)
UNCITRAL
- UNCITRAL Rules, London seat – Acted for successful global energy and commodities company in bilingual (French English) arbitration for breach of long-term supply contracts for gasoil, LPG, get fuel and gasoline to African state. (With Sean O’Sullivan).
- UNCITRAL Rules, Singapore seat – US$5m claim under a guarantee relating to a project to construct a coal-fired thermal power plant in Asia.
DIAC
- DIAC arbitration, DIFC seat, Dubai – Dispute regarding a construction project in the UAE.
AD HOC Arbitration (seated in e.g. London, Rotterdam, Hong Kong)
- Ad hoc, London seat – US$40m COA dispute relating to carriage of cargoes to West Africa. (Sole counsel)
- Ad hoc, London seat – Acting for PRC claimant buyer of Russian steel products in US$3m claim. Listed for one-week hearing in London. (Sole counsel)
- Ad hoc, Rotterdam seat – Acting for a European yard in a series of 17 shipbuilding disputes. (Sole counsel)
- Ad hoc arbitration – US$2.8m dispute under time charter for refusal to carry a cargo of coal and resulting detention of the vessel. (Sole counsel)
- Ad hoc, Hong Kong seat – US$5m cargo misdelivery claim (bills of lading not presented). One-day hearing in Shenzhen. (Sole counsel)
- Ad hoc, London seat – Chain of charterparty claims for deviation, deadfreight and demurrage under a GENCON voyage charter and NYPE form time charter. (Sole counsel)
- Ad hoc, London seat – Acting for Chinese yard in relation to post-delivery warranty claims under an SAJ form shipbuilding contract.
LMAA Terms Arbitration
Andrew has acted (usually as sole counsel) in scores of arbitrations under LMAA Terms, many worth tens or hundreds of millions of dollars, ranging from short hearings to matters requiring weeks (up to 11 weeks) of hearings. Examples include:
- Expedited LMAA arbitration before Lord Phillips, Sir Bernard Rix, and Sir Steven Tomlinson to construe cross-security requirements under commercial finance agreements – Andrew’s client won on all points and obtained an award within two months of the commencement of the reference. (With Simon Croall QC).
- LMAA arbitration – Acting for claimants in US$24m claim in relation to the sale and export of a cargo of Venezuelan crude oil impacted by US sanctions. (Sole counsel)
- LMAA arbitration – Andrew stepped in four days before a one-week hearing to replace a silk and junior. His time charter owner client succeeded at the hearing on all points in its US$3.5m claim for wrongful termination by the charterer after it had given unlawful instructions to trade in a war risk area and on a cross-strait trade. (Sole counsel)
- LMAA arbitration – Sole advocate in a three-day hearing defending owners in a claim arising out of an allision with a gantry crane in a European port. (Sole counsel)
- LMAA arbitration– A >$100 million dispute in 11 related LMAA arbitrations regarding 14 cancelled bulk carriers and the issue of stern tube bearing failures. The disputes involved 11 weeks of hearings and extensive expert evidence from scientists and engineers. (Part of a team of barristers, Andrew conducted oral advocacy and some cross examination).
- LMAA arbitration – Acting for claimant owners in a US$20m claim for breach of a contract of affreightment for carriage of goods from Nigeria through failure to ship cargos. (Sole counsel)
- LMAA arbitration – Defending a Chinese charterer against a US$39.2m claim for unpaid hire under a settlement agreement and MOU; issue of jurisdiction. (Sole counsel)
- LMAA arbitration – Acting for seller in dispute under SALEFORM 2012 MOA for sale of a vessel and claims totalling US$14m. (With Nick Vineall KC)
- LMAA arbitration – Defending an Asian airline group under a claim for US$4.5m under a guarantee. (Sole counsel)
- LMAA, London – Represented buyers claim for €5.4m as repayment of advance instalment after failure by Chinese yard to deliver newbuild vessel by cancellation date. (Sole counsel)
- LMAA arbitrations – Defending a Chinese charterer against a US$4.5m claim for unpaid hire; issue of jurisdiction and identity of parties to the charterparty. (Sole counsel)
- LMAA arbitration – US$2.6m claim for salvage costs arising out of grounding in a South American waterway and declaration for non-liability for general average. (Sole counsel)
- LMAA Arbitration – Acting for owner in US$1.5m demurrage claim under a voyage charterparty for the carriage of silica sand to China.
- LMAA arbitration – Defending a US$4.3m claim for unpaid hire; issue of jurisdiction and identity of parties to a charterparty; US$800,000 counterclaim for speed and performance. (Sole counsel.
- LMAA arbitrations – Acting for head charterer in a chain of arbitrations and claims for over US$1.5m arising out of the arrest of a vessel in Egypt due to a contaminated cargo. (Sole counsel)
- LMAA arbitration – Claim by owners for indemnity for supply of off-spec bunkers and for costs of legal proceedings in an African state.
- LMAA arbitration – Various speed, performance, consumption and diversion / routing disputes. (Sole counsel)
- LMAA arbitration – Claim for off hire and bunkers for refusal by Master to proceed into low-sulphur emission zone. (Sole counsel)
- LMAA intermediate claim – Acting for an owner in a claim for detention, demurrage and deadfreight. (Sole counsel)
- LMAA arbitration – Claim for demurrage and breach of alleged settlement agreement. (Sole counsel)
- LMAA arbitration – Acted for owner in substantial claim for hire in hull fouling dispute.
- LMAA arbitration – Acting for claimant owner in claim for damages for early redelivery under NYPE form. (Sole counsel)
- LMAA arbitration – Safe port claim arising out of grounding of vessel in Asian port. (Sole counsel)
- LMAA arbitration – Acted for ship managers resisting two arbitration references seeking delivery up of documents relating to parallel court proceedings alleging deliberate scuttling of a vessel. (Sole counsel)
- LMAA arbitration – Multiple speed and performance claims. (Sole counsel)
- LMAA Arbitration – Acting for claimant owner claiming over US$500,000 in unpaid hire and damages for repair costs for damage caused by stevedores. (Sole counsel)
- LMAA Arbitration – Claim for losses caused by non-delivery of a vessel (which carried out an intermediate fixture) fixed to carry 40,000MT of fuel oil and consequent “stock out” situation at refinery. (Sole counsel)
- LMAA Arbitration – Claim for additional payments due for voyage to ice-bound port outside of trading limits. (Sole counsel)
- Advising in relation to liability under a charterparty after an allision between a vessel and a shore crane in the context of French litigation.
- LMAA arbitrations - Acting for vessel managers in claim under SHIPMAN 98 form and defending counterclaims for unjust enrichment. (Sole counsel)
- LMAA arbitrations – Acting for head charterer in a chain of arbitrations and claims for over US$1.5m arising out of the arrest of a vessel in Egypt due to a contaminated cargo. (Sole counsel)
- LMAA arbitration – Acting for defendant charterer in claim for demurrage under contract of affreightment. (Sole counsel)
- LMAA arbitration – Acting for owners claiming unpaid hire and damages for off-spec bunkers. (Sole counsel)
- LMAA Arbitration – Acting for charterers in dispute under NYPE form time charter.
- LMAA arbitration – Acting for claimant charterers under Shelltime 4 form.
- LMAA arbitration – Acting for Owner in US$880,000 claim for demurrage under GENCON 94 charterparty. (Sole counsel)
- LMAA arbitration – Advising disponent owners under a long-term charterparty in US$1m claim for underperformance. (Sole counsel)
- LMAA arbitration – Acting for claimant owners in claim for US$500,000 in unpaid hire under NYPE form; alleged off-hire due to refusal to prosecute legitimate orders. (Sole counsel)
- LMAA arbitration – Acting for charterers in relation to claim for damage caused by stevedores / dunnage. (Sole counsel)
- LMAA arbitration – Acting for defendant charterer in a claim for detention and demurrage. (Sole counsel)
- LMAA arbitration – Acting for owners in US$5m claim under contract of affreightment; failure to ship multiple cargos. (Sole counsel)