- Called to Bar:
- Practice areas:
- BA (Oxon.) First Class, BCL (Oxon., Vinerian Scholar) Distinction, DPhil (Oxon.), BVC (Outstanding)
The focus of Andrew’s practice is commercial litigation and arbitration. Much of his practice involves cross-border disputes, drawing on his private international research and teaching experience as a Fellow of All Souls College, Oxford.
Legal Week Stars of the Bar 2014 - Andrew was selected from a field of more than 350 candidates as one of the ten 'most promising commercial and Chancery junior barristers recognised for their exceptional abilities'. Legal Week noted Andrew’s ‘formidable reputation for commercial litigation and international arbitration, far above his 2010 call’ and ‘his tactical awareness, his ability to get straight to the heart of the issue and the very high quality of his written work’
Andrew is also recommended in Legal 500 2015 in the Telecommunications field: 'His practice in this area benefits from commercial and public law expertise'. He was recommended in Legal 500 2014 as ‘a strong advocate’ in this field.
Andrew is frequently instructed on commercial cases, both as sole counsel and led. He regularly appears in all divisions of the High Court and Court of Appeal, and has experience of a wide range of interlocutory proceedings, including those involving anti-suit injunctions, freezing orders, summary judgment, and service out of the jurisdiction. In addition to a wide range of general commercial work, Andrew’s practice covers more specialist areas such as private international law, commercial arbitration, reinsurance and insurance, and cross-border insolvency.
Current and recent work
- Libyan Investment Authority v Société Générale SA & Ors  EWHC 550 (QB)
Acting for the individual known as Person B in connection with high profile Commercial Court proceedings in which “confidentiality club” orders are in place by reason of the security situation in Libya (with Andrew Hunter QC).
- A v B  EWHC 1944 (Comm); K v S  EWHC 1945 (Comm)
Acting for the respondent in successfully resisting arbitration claims challenging an LCIA arbitration award ordering payment of sums in excess of US$72 million (with Alan Maclean QC). The claims were dismissed following trial over 5 days. See also, dealing with interim relief at an earlier stage of the proceedings: Y v S  1 Lloyd's Rep 703.
- UKFI v Mammadov; SWFC v KSM (Commercial Court)
Acting as sole counsel for the claimants in this dispute arising from the abortive sale of Sheffield Wednesday Football Club. The Commercial Court (by summary judgment) upheld the claimants’ case on liability and a claim to recover a £1,000,000 sponsorship fee. An assessment of damages hearing is listed for November 2015.
- Arbuthnot Latham v Magan (Commercial Court)
Acted for the defendant in a 2 day trial of claims in respect of an aborted finance facility.
- Re a joint venture dispute
Acted for the claimant in a major dispute arising from a joint venture in the hospitality sector. The dispute gave rise two LCIA arbitrations, proceedings in Switzerland, and various proceedings in the Caribbean, involving complex issues of contractual construction and company law (with Ian Mill QC, Robert Anderson QC, Shaheed Fatima, and Tom Mountford).
- Djibouti v Boreh & Ors (Commercial Court)
Until shortly before trial, acted for the principal corporate defendant in multi-million US$ claims arising out of infrastructure development projects in Djibouti (with Andrew Hunter QC).
- Arbuthnot Latham v Amundi (Commercial Court)
Acted for the claimant bank in claims for declaratory relief in relation to trades in the defendant fund.
- Otkritie International Investment Management Ltd & ors v Urumov & ors (Commercial Court)
Until shortly before trial, acted for the principal defendants, being two traders, their wives and companies, resisting claims for approximately US$180 million (with Andrew Green QC and Robert Weekes).
Andrew acts in a wide variety of disputes about the English Court’s jurisdiction and associated matters such as stays, anti-suit injunctive relief, and jurisdictional immunities. He has worked on a number of the leading cases in recent years, including several in the Court of Appeal and Supreme Court. Examples of his recent work include the following:
- Sabbagh v Khoury & Ors  EWHC 3233 (Comm)
Acting for the “anchor” defendant resisting claims in excess of US$600 million (with Andrew Hunter QC). The defendants’ jurisdiction challenge was heard over 5 days in July 2014, and substantially upheld on the ground that the principal claim (>US$500 million) was unarguable. An appeal is listed to be heard over 4 days in 2017.
- AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH  2 WLR 187 (Popplewell J) and  3 WLR 282 (Court of Appeal)
Acting for the claimant in claims for damages against a German law firm for inducing the claimant’s former clients to sue in Germany, in breach of contractual terms providing for English law and jurisdiction (with Thomas de la Mare QC). The case is the leading domestic authority on the application of Article 5(3) of the Brussels I Regulation to claims for inducing breach of contract. The case is presently on appeal to the Supreme Court.
- Petter v EMC Corp  EWHC 1498 (QB) (Cooke J)  IRLR 847 (Court of Appeal)
Acting for the claimant employee in a cross-border dispute with his former employer (with Paul Goulding QC). The case is the leading authority on the English Court’s jurisdiction in cross-border employment disputes and its power to grant anti-suit relief to protect weaker parties (such as employees) under the Brussels I Recast Regulation.
- Standard Bank plc v EFAD & ors  EWHC 1834 (Comm)
Acted for the claimant bank in multi-million US$ claims against Kuwaiti defendants, arising out of an Islamic finance facility (with Robert Anderson QC). The defendants’ jurisdiction challenge was successfully resisted at first instance.
- Thai-Lao Lignite (Thailand) Co Ltd v Laos & Ors (Commercial Court)  2 All ER (Comm) 883 (Popplewell J)
Acting for the Central Bank of Laos in successfully discharging on state immunity grounds a freezing order affecting its assets (with Robert Howe QC).
- Sibir Energy plc & ors v Tchigirinski & ors  EWHC 1844 (QB)
Acted for the claimant oil company, seeking to recover approximately US$400 million misappropriated monies, in response to an appeal against HHJ Mackie QC’s decision on jurisdiction over co-defendants under Article 6(1) of the Brussels I Regulation (with Andrew Hunter QC).
Andrew has worked on a number of high-profile civil fraud disputes, including appearing without a leader at various interim hearings. Current and recent work includes the following (see above for further details):
- Libyan Investment Authority v Société Générale SA & Ors
- Djibouti v Boreh & Ors
- Standard Bank plc v EFAD & ors
- Otkritie International Investment Management Ltd & ors v Urumov & ors
- Sibir Energy plc & ors v Tchigirinski & ors
Domestic and International Arbitration
Andrew has significant experience of high-value domestic and international arbitration, acting both as sole counsel and with a leader.
Current and recent work
- [Confidential] v [Confidential] (LMAA arbitration)
Acting as sole counsel for a yacht owner in respect of a multi-million Euro dispute arising from the termination of a refit agreement.
- Tennessee Valley Authority v Various Bermuda Insurers (London arbitration) (2013-2015)
Acted for the successful claimant (a US public corporation) in a US$250 million series of liability insurance claims against major Bermudian insurers (with Andrew Hunter QC). One case settled, the others went to trial (each of 4 weeks). In addition to assisting with written submissions, Andrew cross-examined various expert witnesses.
- [Confidential] v [Confidential] (Austrian arbitration, under the Vienna Rules)
Acted as sole counsel for property investment fund in respect of a multi-million Euro dispute arising from a Croatian property development. The trial took place over 5 days and involved allegations of fraud and complex issues of Croatian law.
- [Confidential] v [Confidential] (Indian arbitration, under ICC Rules)
Acted for a manufacturer defending a claim for approximately US$40 million brought by distributor (with Andrew Green QC). In addition to assisting with written submissions, Andrew cross-examined the distributor’s principal expert witness.
- [Confidential] v [Confidential] (London arbitration, under UNCITRAL Rules)
Acted as junior counsel for a property developer against a well-known investment bank in respect of multi-million US$ dispute under complex finance documentation.
- [Reinsured confidential] v [Reinsurer confidential] (2011) (London arbitration)
Acted for reinsured in this substantial reinsurance claim arising out of the destruction of a US naval dockyard by Hurricane Katrina (with Andrew Hunter QC).
- [Investor confidential] v [State confidential] (ICSID Arbitration)
Andrew was instructed as juge rapporteur to the Tribunal in this substantial investment treaty arbitration.
Banking and Financial Services
Andrew was seconded to the Financial Services Authority for 5 months in 2012, and has since worked on a variety financial regulatory disputes for regulated individuals, entities, and regulators.
Current and recent work
- Acting as junior counsel for the Financial Reporting Council in proceedings under its Accountants and Actuaries Schemes (with Andrew Green QC, Andrew George QC, and Flora Robertson).
- Acting as junior counsel in connection with a proposed shareholder class action under s. 90/90A FSMA based on findings in US regulatory proceedings (with Andrew Hunter QC and Tom Coates).
- Advising a regulated individual regarding the enforceability in England of one of the largest regulatory fines imposed by the SEC on an individual trader (with Andrew Green QC).
Media and Entertainment
Andrew has acted for media and entertainment clients in a wide range of disputes.
Current and recent work
- Sony ATV v WPMC  EWHC 1853 (Ch)
Acted for the claimant owners of copyrights in Lennon/McCartney songs in their successful claims for copyright infringement arising from the production of a documentary "The Beatles: The Lost Concert" (with Ian Mill QC).
- Gameware Europe Ltd v (1) Sony Computer Entertainment Europe Limited; (2) System 3 Software Limited; (3) Mark Andrew Cale (Chancery Division, 2013)
Acting for the principal defendant in this dispute concerning ownership and infringement of intellectual property in the well-known “James Pond” and “Creatures” computer games (with Andrew Green QC).
- Universal Music Arts Entertainment Ltd v D’Arcangelo (QBD, 2012)
Acted for the claimant in this claim arising from termination of an agency agreement.
- Re a claim in respect of a movie soundtrack
Acting for a composer in respect of claims arising from the wrongful termination of his engagement to provide the soundtrack and score for a Christmas movie.
- Burton v The Kills Ltd (County Court, 2012)
Acting for the band resisting a claim brought by former tour crew, which settled at the start of a trial listed for 5 days.
- Re contract review
Assisting a major record label to assist in a review of artists’ contracts, in the course of which Andrew gained experience of a wide range of recording, management, and other music industry contracts.
Other relevant experience
Research and Lecturing
Before coming to the Bar, Andrew was a Fellow of All Souls College, Oxford. His research addressed various topics in commercial private international law. At Oxford, Andrew was also a college tutor, teaching contract, tort, land and trusts law. He has also given graduate seminars on restitution and conflict of laws.
Andrew has given lectures and seminars at practitioner and academic conferences, recent topics including:
- “The enforcement in the UK of foreign judgments obtained in breach of an arbitration clause” (London Shipping Law Centre)
- “What is a non-contractual obligation?” (Trinity College Dublin; Max Plank Institute, Hamburg)
- “From Samengo-Turner to Duarte” (British Institute in International and Comparative Law seminar at Herbert Smith)
- “The litigation (and arbitration) of international employment disputes” (New York University)
- “Characterization problems in employment disputes” (Trinity College Dublin)
- “Synergies between the Brussels I Regulation and Rome I and II Regulations” (British Institute of International and Comparative Law)
- Réunion revised?  LMCLQ 113 (case note on Case C-98/06 Freeport v Arnoldssen)
- A Commentary on the Rome II Regulation: Choice of Law for Non-contractual Obligations  LMCLQ 274 (co-written)
- ‘The Scope of Non-Contractual Obligations’ in J Ahern and W Binchy, eds., The Rome II Regulation on the Law Applicable to Non-Contractual Obligations (Brill, Leiden, 2009)
- Total Chaos?  LMCLQ 536 (case note on Shell UK Ltd v Total Ltd  EWCA Civ 180, co-written)
- ‘The territorial scope of British employment legislation’  LMCLQ 640
‘International private law’, in International Maritime and Commercial Law Yearbook, 2009- (co-written)
- ‘Decisions of British Courts during involving questions of private international law’ in British Yearbook of International Law, 2010 - date
- Andrew was on the advisory group which assisted Professor Andrew Burrows in producing A Restatement of the English Law of Unjust Enrichment (OUP, 2012)
- The ‘Cross-Border Disputes’ chapter in P Goulding (ed) Employee Competition (3rd edn) (forthcoming) (co-written)
Prizes and Scholarships
- Eldon Scholarship (most promising graduate of Oxford University intending to practise at the Bar, 2009)
- Vinerian Scholarship (best performance in the BCL)
- Oxford University Examination Prizes (restitution, jurisprudence and political theory, contract law, constitutional Law)
VAT registration number: 120638737