Overview

Andrew de Lotbinière McDougall is Special Counsel to Perley-Robertson, Hill & McDougall. Previously a Partner with the firm and founder of its International Arbitration Group, Andrew offers clients the benefit of his substantial oral advocacy, case strategy and team management experience in large-scale, cross-border disputes around the world, with up to billions of dollars at stake.

Andrew McDougall QC is a partner at White & Case LLP in Paris, France 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 formerly served as chair of the EMEA Operations Council and head of the EMEA Disputes Section.

Andrew is 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” (Who’s Who Legal 2019). A UK newspaper said “The QC is widely regarded as one of Europe’s finest legal minds and his integrity is unimpeachable” (The Independent 2020). He is “extremely sharp regarding legal issues” (Chambers 2020) and “is a key figure in the firm’s commercial arbitration practice” and “has an increasingly prominent profile in the market and has experience in high-value energy sector mandates” (Chambers 2019). He “wins plaudits from interviewees for his broad commercial disputes practice” “and offers a wealth of experience in the natural resources, construction, M&A and IP space” (Chambers 2019). Andrew “stands out as a ‘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 2019).

Andrew is especially known for his advocacy skills. He was appointed Queen’s Counsel, is former chair of the Foundation for International Arbitration Advocacy’s Executive Committee, is a trustee and former recipient of the Fox Scholarship at Middle Temple, and received A+ and the prize for Trial Advocacy in law school. “Sources praise his advocacy skills and report that he is ‘one of the bright stars’ in this area” (Chambers 2019), with a source commenting 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 also 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 and has taught international arbitration advocacy for over 15 years. Andrew is co-author of A Practical Guide to International Arbitration (Juris, 2020).

LLB (Common Law), University of Ottawa, Nelligan Power Prize for Highest Standing in Trial Advocacy (A+), 1994

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’.”

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.”

ICC Canada ICC France ICC Commission on Arbitration and ADR ICC Institute of World Business Law ICDR, Roster of Arbitrators Court of Arbitration for Sport, List of Arbitrators Foundation for International Arbitration Advocacy, Board of Trustees and former Chair of the Executive Committee International Bar Association, Arbitration Committee Institute for Transnational Arbitration, Advisory Board Young Canadian Arbitration Practitioners, Formerly on Advisory Board Journal of Arbitration and Mediation, Editorial Board International Council for Commercial Arbitration 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 The Harold G. Fox Education Fund, Canadian Trustee and Former Fox Scholar Goodenough College, Alumnus

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

“Managing nuclear new build risks”, Energy Focus, July 2020 (with Daniel Garton, Richard Hill, Kirsten Odynski, and Dipen Sabharwal QC)

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

“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 QC)

“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

“International Arbitration Supports a Country’s Competitiveness and the Rule of Law,” Revue Droit & Affaires, La Compétitivité de la Règle de Droit, Edition 11, 2013 (with Heather Clark)

“Refusing to Recognize and Enforce an Arbitral Award for the Wrong Reasons – When the Cry for the Right to be Heard is Too Loud,” Cahiers de l’arbitrage, n°4, p. 1041, 1 October 2013

“The “Business Case” For and Against International Arbitration,” International Energy and Minerals Arbitration, Paper 11, Rocky Mt. Min. L. Fdn., September 2013 (with Kirsten Odynski)

“Res judicata in International Arbitration: Case Studies and Principles,” TDM 3, 2012

“Canada and Investment Treaty Arbitration: Three Prominent Issues – ICSID Ratification, Constituent Subdivisions, and Health and Environmental Regulation,” 8 South Carolina Journal of International Law and Business 63, 2011 (with Barry Leon and John Siwiec)

“A Holistic Approach to Arbitration,” The Lawyers Weekly, Vol. 31, No. 30, December 2011 (with Barry Leon and John Siwiec)

“Ontario Court of Appeal Clarifies Standard of Review for Arbitral Awards and Confirms NAFTA Tribunal’s Award of Upstream Losses,” North American Free Trade & Investment Report, Vol. 21, No. 19, October 2011 (with Barry Leon and Daniel Taylor)

“Why Statutory Claims Remain Arbitral,” The Lawyers Weekly, Vol. 31, No. 18, September 2011 (with Barry Leon and Daniel Taylor)

“Nine Supreme Court Judges Endorse Arbitration,” Global Arbitration Review, Vol. 6, Issue 2, April 2011 (with Barry Leon and Daniel Taylor)

“NAFTA Countries Seeking to Set Aside ‘Upstream Losses’ Award: When Should Courts Intervene?,” North American Free Trade & Investment Report, Vol. 21, No. 4, February 2011 (with Barry Leon and Daniel Taylor)

“Left Holding the Bill: Can the NAFTA Countries Recover From Their Constituent Territories,” North American Free Trade & Investment Report, Vol. 21, No. 1, January 2011 (with Barry Leon)

“Panorama of World Case Law: Canada,” The Paris Journal of International Arbitration, 2010-3 (with Barry Leon)

“Is The System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (Abitibibowater, Chemtura, First Quantum Minerals)?,” Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 15, 2010

“To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?,” Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 2, 2010 (with Barry Leon)”Why Has Canada Not Ratified the ICSID Convention?,” Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, August 24, 2010 (with Barry Leon)

“Why Canada Leads as the Model Law Turns 25,” Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, August 10, 2010 (with Barry Leon)

“The CEDR Rules for the Facilitation of Settlement in International Arbitration: An Important Advance in International Arbitration,” ADR Institute of Ontario, Spring 2010 (with Barry Leon and Daniel Taylor)

“Confidentiality When Arbitration Goes to Court: A Recent Canadian Court Decision Supports Confidentiality,” The Institute for Transnational Arbitration, Vol. 24, No. 1-2, Winter / Spring 2010 (with Barry Leon)

“Keeping Courts’ Hands Off Arbitration: Bahrain’s Innovation,” The Lawyers Weekly, Vol. 29, No. 49, June 2010 (with Barry Leon)

“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 Ioannou)

“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)

Practice Areas

• Alternative Dispute Resolution

Bar Information

Called to the bar: 1997 (ON)