Perley-Robertson, Hill & McDougall LLP Partner Andrew de Lotbinière McDougall is Head of the Firm's International Arbitration Group. He has substantial oral advocacy experience in English and French and acts as counsel and arbitrator in cross-border disputes involving among other things joint ventures, oil & gas, construction, mergers & acquisitions, intellectual property, telecommunications, defence, power, mining, and other natural resources. He is trained and qualified in common law and civil law and has worked with the laws of numerous jurisdictions, representing clients from around the world.
Selected one of Lexpert's 2009 Rising Stars: Leading Lawyers Under 40, Andrew is a frequent speaker and writer on international arbitration and is recognized in leading directories such as Legal 500, PLC Which Lawyer, International Who's Who of Commercial Arbitration, and the Guide to the World's Leading Commercial Arbitration Experts.
Andrew is a member of various international arbitration organizations and has extensive experience in international arbitration advocacy training. He teaches international arbitration at University of Ottawa's Faculty of Law and has taught international arbitration at Université Paris 1 Panthéon-Sorbonne.
Prior to joining Perley-Robertson, Hill & McDougall, Andrew was a partner in the international arbitration group of White & Case LLP, based in Paris.
Disputes Andrew has represented clients in include:
· Billion dollar LCIA arbitration in London governed by English law over a merger, including US bankruptcy litigation;
· Billion dollar ICC arbitration in Paris governed by a Middle Eastern law over a construction project, including jurisdictional issues and US litigation;
· US $700 million UNCITRAL arbitration in Brussels governed by English law over an option agreement in the oil and gas sector, including litigation in Jersey, Gibraltar, and Cyprus relating to interim relief and actions against third parties;
· US $600 million UNCITRAL arbitration in Brussels governed by English law over a share sale and purchase agreement in the oil and gas sector, including litigation in Cyprus;
· US $300 million UNCITRAL arbitration in Vienna governed by Russian law over a joint venture in the oil and gas sector, including fraud and corruption issues and litigation in Switzerland, Slovakia, and Austria relating to challenge of a final award, enforcement, and bankruptcy;
· US $250 million ICC Rules arbitration in Zurich governed by a Middle Eastern law over construction of public roadworks and infrastructure;
· US $200 million ICC arbitration in Geneva governed by a North African law over construction of a gas plant in North Africa;
· US $200 million pre-arbitral ICSID and ICC disputes over a natural resources project in South America;
· US $170 million UNCITRAL and Vienna Rules arbitration in Vienna governed by Russian law over a joint venture in the oil and gas sector, including fraud and corruption issues and litigation in Austria relating to challenges of interim and final awards;
· US $150 million pre-arbitral ICSID and ICC disputes over an energy project in Asia;
· US $130 million Saudi Rules arbitration in Saudi Arabia governed by a Middle Eastern law over construction of a gas plant in the Middle East;
· US $100 million ad hoc arbitration in North America governed by a North American law over a contract in the aerospace and defence industries;
· US $100 million ICC arbitration in Paris governed by French law over a contract in the telecommunications sector;
· US $100 million LCIA arbitration in Paris governed by Greek law over construction of an airport;
· US $80 million pre-arbitral Chinese Arbitration Association dispute governed by an Asian law over construction of a high-speed railway;
· US $75 million pre-arbitral ICC dispute governed by French law over an acquisition of companies in several European countries, including fraud and corruption issues;
· US $70 million ICC arbitration in Paris governed by an African law over construction of a dam;
· US $60 million ICC arbitration in Paris governed by a European law over a joint venture in the Middle East;
· US $40 million pre-arbitral ICC dispute governed by a Scandinavian law over a joint venture in the defence industry;
· EUR 30 million pre-arbitral ICC dispute governed by German law over a joint venture in the aerospace industry;
· US $25 million ICC arbitration in Prague governed by Czech law over a joint venture in the power sector;
· £20 million ICC arbitration in Paris governed by English law over a licencing agreement in the beauty products industry;
· US $20 million UNCITRAL arbitration in Vienna governed by Russian law over a joint venture in the oil and gas sector;
· US $13 million fast-track ICC arbitration in Paris governed by a Middle Eastern law over a land remediation;
· EUR 10 million ad hoc arbitration in Zurich governed by Swiss and New York law over the supply of technology and equipment; and
· US $10 million ICC arbitration in London governed by English law over a real estate project in China, including litigation in China, England, and the Caribbean relating to interim relief, challenge of a final award, enforcement, and liquidation.
Disputes Andrew has acted as arbitrator in include:
· Arbitration in Santiago among US and South American parties governed by US law over a franchise agreement;
· Arbitration in Toronto among Caribbean and Central American parties governed by Canadian law over a natural resources project in South America;
· Arbitration in Miami between US and Caribbean parties governed by a Caribbean law over a real estate project in the Caribbean;
· Arbitration in Paris between Scandinavian and Western European parties governed by English law over a sale of goods; and
· Arbitration in Zurich between New Zealand and Swiss parties governed by Swiss law over a licence agreement.
Credentials:
Solicitor Advocate, England & Wales, 1999
Barrister & Solicitor, Ontario, 1997
Avocat, Québec, 1997
Admitted to the Paris Bar, 2001-2008
Fox Scholarship, Harold G. Fox Education Fund, Middle Temple, London, 1997
LL.L., Civil Law, University of Ottawa, 1995
LL.B., Common Law, University of Ottawa, Highest Standing in Trial Advocacy, 1994
B.A., Université Laval, Québec City, 1991
Memberships:
ICC Canadian National Committee, Roster of Arbitrators
Foundation for International Arbitration Advocacy, Executive Committee
International Bar Association, Arbitration Committee and New York Convention Sub-Committee
Institute for Transnational Arbitration, Advisory Board
Young Canadian Arbitration Practitioners, Board of Directors
International Arbitration Institute
London Court of International Arbitration
CPR International Institute for Conflict Prevention & Resolution, Arbitration Committee
The Chartered Institute of Arbitrators, MCIArb
ADR Institute of Canada
Canadian Bar Association, International Law Section Business Dispute Resolution Committee
Solicitors' Association of Higher Court Advocates
Cercle international Rouge et Or de l'Université Laval, Founding Member
Professional Activities:
Articles and Publications:
· "Delaware Court Enters the Arbitration Business", The Lawyers Weekly, Vol. 29, No. 44, April 2010 (with Barry Leon)
· "Upcoming G20 Meeting in Canada Presents an Opportunity for Canada to Join ICSID", North American Free Trade & Investment Report, Vol. 20, No. 6, March 2010 (with Barry Leon)
· "What Renders an Arbitration Agreement 'Inoperative': Clarification May Be Coming From the Supreme Court of Canada", International Bar Association - Arbitration News, Vol. 15, No. 1, March 2010 (with Barry Leon)
· "Litigating and Arbitrating in Ontario After the New Rules: Lessons from the International Arbitration Evidence Rules of the IBA" The Advocates' Society E-Brief, Vol. 21, No. 2, Winter 2010 (with Barry Leon and Owen Bourns)
· "Adding Value to Your International Business", Ottawa Business Journal, www.ottawabusinessjournal.com, April 13, 2009
· "LCIA Arbitration", Revue Droit & Affaires: Le choix d'un règlement d'arbitrage, 6th ed., 2008
· "The New York Convention and the Coming of Age of International Commercial Arbitration in Canada", Mealey's Executive Summary - The New York Convention: 50 Years of Experience, pp. 74-89, October 2008 (with Luisa H. Cetina)
· "How International Arbitral Tribunals Establish the Facts of a Case Through Documentary Evidence", International Business Law Journal, no. 4, pp. 509-522, 2008 (with Nicolas Bouchardie)
· "New EU Mediation Directive", IBA Mediation Committee Newsletter, pp. 17-18, September 2008
· "Supreme Court of Canada Renders Landmark Decision Encouraging the Arbitration of Commercial Disputes", Bloomberg law reports - Litigation, Vol. 01, No. 05, November 26, 2007
· "ICSID Tribunals Apply New Rules on Amicus Curiae", Mealey's International Arbitration Report, February 2007 (with Ank Santens)
· "Combating the Corruption of Arbitrators: Update on the Additional Protocol to the Criminal Law Convention on Corruption", Mealey's International Arbitration Report, December 2006
· "ICSID Amends Its Arbitration Rules", International Arbitration Law Review, 119, 2006 (with Ank Santens)
· "Separability Saved: US Supreme Court Eliminates Threat to International Arbitration", Mealey's International Arbitration Report, March 2006 (with Leon Loannou)
· "International Arbitration and Money Laundering", 20, American University International Law Review, 1021, 2005
· "A Case Study in Litigation in Support of Arbitration: China, England, and the Turks and Caicos Islands", Mealey's International Arbitration Report, September 2005
· "Affirmation of French Courts' International Jurisdiction on International Arbitration and the Right to the Constitution of an Arbitral Tribunal", International Bar Association Committee D News, Vol. 10, No. 2, 22, September 2005 (with Guillaume Borg)
· "Canadian Courts Uphold NAFTA Awards - Part II", North American Free Trade & Investment Report, Vol. 15, No. 2, 10, January 31, 2005 (with Mark A. Luz)
· "Canadian Courts Uphold NAFTA Awards", North American Free Trade & Investment Report, Vol. 14, No. 5, 7, March 15, 2004 (with Mark A. Luz)
· "Court of Cassation Decision Enforces a Conciliation Clause", International Bar Association Committee D News, Vol. 8, No. 2, 9, September 2003 (with Guillaume Borg)
· "On-Line Arbitration Services", Stockholm Arbitration Report, 2002:1, 221