Andrew Rigney KC

Andrew has a very substantial international arbitration practice and is familiar with a wide range of arbitral rules, including ICC, LCIA, UNCITRAL, EDF and LMAA.  He has acted in relation to claims arising out of projects and risks in Hong Kong, the United States, the Caribbean, Russia, Central and Eastern Europe, Africa, Turkey, the Indian Sub-continent and the United Kingdom; and he has extensive experience of disputes arising out of projects in the Middle East, including the UAE, Kuwait, Oman, Qatar, and, increasingly, Saudi Arabia, and of the civil law systems in the Middle East.  Cases have included large scale infrastructure projects, roads, railways, hotels, oil and gas facilities, FPSOs, power stations (including decommissioning a nuclear power station), process plants, water treatment and sewerage plants, de-salination plants, renewables, four major international airports, shipbuilding, and cross-border sale of goods.

Listed as a Leading Silk in Chambers UK (2024) and Legal 500 (2024)

Selected Cases

• $3 billion ICC oil and gas arbitration arising out of the construction of a pipeline in the Middle East. Local law and local seat.
• $600 million ICC arbitration arising out of the construction of a major international airport in the Middle East under a contract based on the FIDIC Red Book. Local law and seat.
• $1billion dispute concerning the construction of a metro in the Middle East. Local law and seat.
• $300 million ICC disputes arising out of the construction in the Middle East of the largest petro-chemical plant of its kind in the world. English law and London seat.
• $100 million dispute relating to Hong Kong International Airport. Hong Kong Law and Hong Kong seat.
• Acting for Insurers in connection with $50 million claim under an EAR policy relating to the catastrophic failure of a gas turbine at a power station in the Indian sub-continent, including issues as to extended maintenance cover and the application of DE3/LEG2 clauses.
• Acting in for reinsurers in a $multi-million ICC arbitration arising out of bonds issued in connection with the construction of a government facility in the Middle East. Local law and local seat.
• Acting for Insurers in connection with a $150 million overage dispute (including issues as to the application of DE3/LEG2 clauses) under an EAR policy in relation to the construction of a major international airport in the Middle East. Local law and local seat.
• $350 million dispute concerning the construction of a complex oil facility in North Africa. English law and Vienna seat.
• $500 million dispute concerning the construction of a major stadium in the Middle East. Local law and local seat.
• $multi-million LMAA arbitration relating to the design and construction of the largest superyacht of its kind in the world. English law and London seat.
• $multi million construction arbitration in relation to sewerage plant project on the NEC4 form in Hong Kong. Hong Kong law and Hong Kong seat.
• $200 million ICC arbitration relating to the design and construction of a major process plant relating to the solar power industry in the Middle East. English law and local seat.
• $100 million dispute in relation to the construction of a port in Saudi Arabia. English law and London seat.
• $200 million ICC arbitration concerning major public building project in North Africa. English law and London seat.

Andrew has a thriving and extensive construction and engineering practice across a wide range of sectors including very large infrastructure projects, ports, shipbuilding, airports, hotels, roads, rail, tram and metro systems, process plants, oil and gas, FPSOs, water treatment plants, sewerage plants, waste energy plants, CHP and renewables.  He is familiar with a wide range of standard forms, including JCT, ICE, GC Works, NEC, FIDIC, IChemE, PPC, TPC, ACA and RIBA.

Listed as a Leading Silk in Chambers UK (2024) and Legal 500 (2024)

Selected Cases

• Acting for the main contractor in the Grenfell litigation.
• Acting for the successful respondent in Mears v Costplan [2019] EWCA Civ 502, in which the Court of Appeal considered the meaning of “practical completion” for the first time in 50 years.
• £120 million dispute arising out of the construction of a new headquarters for the MoD under a contract on the GC Works form.
• £150 million dispute relating to the construction of a waste energy plant.
• £multi-million dispute arising out of the construction of a FPSO as part of a $5 billion project.
• £100 million arbitration in relation to the upgrade of the London Underground telecommunications system.
• £60 million dispute concerning the design and construction of very high end luxury flats in central London, comprising one of the most expensive residential developments in the world.
• £75 million dispute concerning the design and construction of a landmark hotel in central London.
• £40m dispute arising out of the construction on the NEC3 form of a water treatment plant.
• £200 million insurance dispute concerning the design and construction of the roof of the global headquarters of Sky, the largest of its kind in Europe.
• £several hundred million dispute arising out of defects in a major landmark development in central London.
• Acting in a number of £multi-million PFI disputes concerning the design and construction of schools and hospitals.
• $1 billion dispute relating the collapse of a tunnel in Germany.

Andrew’s extensive energy and natural resources practice includes large-scale projects in the United Kingdom and overseas.  He is familiar with a wide range of standard forms and arbitral rules; and he has acted in relation to claims concerning projects in the United Kingdom, the United States, the Caribbean, Russia, Central and Eastern Europe, Turkey, Africa and the Middle East, including the UAE, Kuwait, Oman, Qatar, and, increasingly, Saudi Arabia.

Listed as a Leading Silk in Legal 500 (2024)

Selected Cases

• $3 billion ICC oil and gas arbitration arising out of the construction of a pipeline in the Middle East. Local law and local seat.
• $400 million ICC arbitration concerning the largest renewable plant of its kind in the world. English law and London seat.
• $350 million dispute concerning the construction of a major oil facility in North Africa. English law and Vienna seat.
• $150 million ICC arbitration in relation to a gas processing plant in Oman. English law and London seat.
• $200 million ICC arbitration relating to the design and construction of a major process plant relating to the solar power industry in the Middle East. English law and local seat.
• $multi-million arbitration relating to the pricing of supplies in connection with a complex energy plant in Saudi Arabia. Local law and local seat.
• £150 million Commercial Court pricing dispute relating to the supply of substantial consignments of oil from North Africa.
• $300 million dispute involving a number of oil majors arising out of the construction of a major oil refinery in South East Asia.
• $350 million dispute relating to the supply of equipment for a solar power plant in the Middle East. English law and London seat.

Andrew specialises in, and has wide experience of, very substantial claims relating to CAR/EAR policies (including DE and LEG clauses), property risks, BI claims, PL and EL policies and product liability policies, including coverage disputes, fraud, non-disclosure, misrepresentation, moral hazard and co-insurance issues.  He acted: for Zurich in the FCA Test Case; for Insurers in the leading case on the effect of non-compliance with a notification provision in a liability policy which is not expressed to be a condition precedent; and for Insurers in the leading recent case on the meaning of “damage”, the scope and duration of cover, and the effect of DE3 in a CAR policy.

Listed as a Leading Silk in Chambers UK (2024) and Legal 500 (2024)

Selected Cases

• Acting for Zurich in the leading Supreme Court case (the FCA Test Case) on BI cover in the context of claims arising out COVID-19 – see Financial Conduct Authority v MS Amlin et al [2021] AC 649.
• Acting for Insurers in a £200 million claim under a CAR policy in respect of alleged damage to the roof of Sky’s global headquarters – see Sky & Mace v Riverstone [2023] EWHC 1207 (Comm). It is the leading recent case on the meaning of “damage”, the scope and duration of cover, and the effect of DE3 in a CAR policy.
• Acting for London Market PL Insurers in connection with a $1 billion risk arising out of the collapse of a tunnel in Germany.
• Acting for reinsurers in a $multi-million ICC arbitration arising out of bonds issued in connection with the construction of a government facility in the Middle East. Local law and local seat.
• Acting for Insurers in connection with a $150 million overage dispute (including issues as to the application of DE3/LEG2 clauses) under an EAR policy in relation to the construction of a major international airport in the Middle East. Local law and local seat.
• Acting for Insurers in connection with $50 million claim under an EAR policy relating to the catastrophic failure of a gas turbine at a power station in the Indian sub-continent, including issues as to extended maintenance cover and the application of DE3/LEG2 clauses.
• Acting for Insurers in connection with coverage disputes under PL policies amounting to £200 million relating to alleged defects in a number of residential buildings.
• Acting for Insurers in relation to £50 million coverage dispute arising out of the construction of a major leisure development.
• Acting for the policyholder in a £50 million coverage dispute under a PI policy relating to the design of a major London landmark project.
• Acting for Insurers in relation to a £150 million coverage dispute under a PL policy arising out of the collapse of a tunnel.
• Acting for Insurers in relation to a £75 million dispute concerning coverage under a CAR policy arising out of the construction of a motorway in the UK.
• Acting for Insurers in relation to a claim for $several hundred million relating to a claim under a Product Liability policy arising out of a major product recall.

Andrew has an extensive professional negligence practice, including claims against engineers, architects, surveyors, solicitors, quantity surveyors, brokers and accountants, with a particular emphasis on claims arising out of major construction and engineering projects.

Listed as a Leading Silk in Chambers UK (2024) and Legal 500 (2024)

Selected Cases

• £120 million claim against engineers and architect in connection with design and construction of works to a nationally important stately home.
• £100 million claim against engineers in relation to design of a port.
• £50 million claim against architects in connection with design and specification of a flagship hotel in London.
• £70 million dispute concerning the design of a motorway.
• $300 million dispute concerning design defects relating to a major oil refinery in South East Asia.
• £50 million dispute relating to the design of a waste energy plant.
• Acting for main contractor in the Grenfell Tower litigation, which includes claims against architects and engineers.
• £150 million claim against engineers in relation to the collapse of a tunnel.
• £150 million claim against engineers in relation to a fire at a major distribution centre.

Andrew has wide experience of high value property damage litigation, and has been instructed in some of the largest and most complex property damage cases.  He is currently instructed on behalf of the main contractor in the Grenfell Tower litigation.

Listed as a Leading Silk in Chambers UK (2024)

Selected Cases

• $1 billion claim arising out of the collapse of a tunnel in Germany,
• Acting on behalf of the main contractor in the Grenfell Tower
• £120m claim arising out of a fire at a nationally important stately home.
• £multi-million claim arising out of the collapse of the of a major public building in Hong Kong.
• $50 million clam arising out of catastrophic failure of a gas turbine at a power station in the Indian sub-continent.
• £150 million claim in relation to a fire at a major distribution centre.
• $multi-million LCIA arbitration arising out of hurricane damage in Florida. English law and London seat.
• £75 million claim arising in relation to landmark hotel in central London.

Andrew has considerable experience of complex commercial disputes, including disputes involving issues of jurisdiction and conflict of laws.

Selected Cases

• $100 million dispute in relation to an international loan transaction concerning assets in South America.
• $50 million ICC dispute concerning cross-border sale of goods.
• $400 million supply of goods dispute concerning the design and supply of the components of the largest renewables plant of its kind in the world.
• $multi-million supply of goods dispute relating to the design and supply of a water treatment system in Eastern Europe.
• £$multi-million arbitration relating to the pricing of supplies in connection with a major energy plant in Saudi Arabia.
• £30 million Commercial Court dispute concerning a number of aircraft leasing agreements.
• Substantial dispute concerning a cross-border commodities transaction and associated jurisdictional and conflicts of laws dispute.
• $multi-million LMAA arbitration relating to contractual issues concerning the design and supply of the largest superyacht of its kind in the world.
• Sale of goods disputes in the Commercial Court amounting to £100 million relating to the discolouration of uPVC products.
• £150m Commercial Court dispute concerning payment under agreements for the supply of crude and refined oil.