Andrew Rigney KC

International Arbitration

Andrew has a very extensive international arbitration practice. He has acted in relation to claims concerning projects in the United States, the Caribbean, the United Kingdom, Russia, Central and Eastern Europe, Africa, Turkey, the Indian subcontinent and Hong Kong; and in a substantial number of arbitrations relating to projects in the Middle East (including Qatar, Kuwait, the UAE, Oman and Saudi Arabia). His experience includes large­scale infrastructure projects, oil and gas facilities, power stations, the decommissioning of a nuclear power station, process plants, de-salination plants, water treatment and sewerage plants, renewables  (including the largest renewables plant of its kind in the world), three major international airports, roads, railways, shipbuilding, ports, cross­-border sale of goods and a number of cases involving substantial insurance losses. He is familiar with a wide range of arbitral rules (ICC, LCIA, UNCITRAL, EDF, LMAA etc) and contracts (including FIDIC), and he has substantial experience of civil law systems in the Middle East.

Listed as a Leading Silk in Chambers UK (2023) and Legal 500 (2023)

Selected Cases

• Acting for the EPC contractor in a $200m ICC arbitration in relation to claims for variations, extensions of time and loss and expense relating to the design and construction of a polysilicon plant for a national government in the Middle East, including issues as to design obligations, liquidated damages, limitations of liability clauses and waiver and estoppel. London seat and English substantive law
• Acting on behalf of the contractor in relation to a series of ICC arbitrations for $several hundred million relating to a $20 billion project in connection with one of the world’s largest chemical plants in the Middle East. The issues in dispute include contract formation and the jurisdiction of the tribunal
• Acting for the state-owned employer in a $3billion ICC oil and gas arbitration relating to the measurement and valuation of work in connection with a very substantial EPC project in the Middle East. The substantive hearing was preceded by a jurisdictional hearing as a result of which the initial tribunal resigned, and the main hearing involved complex issues of on-shore and off-shore custom and practice in relation to measurement and pricing and the application of local law. London seat and local substantive law
• Acting in a $multimillion UNCITRAL pricing arbitration in relation to one of the world’s largest desalination and power plants in the Middle East, including a preliminary jurisdictional hearing
• Acting in a $multimillion ICC reinsurance arbitration arising out of a construction project in the Middle East
• Acting in relation to c $350m claim arising out of a gas facility in Africa
• Acting in relation to c $750m dispute concerning a major infrastructure project in the Middle East
• Acting for Insurers in relation to a c$50 million ICC arbitration concerning coverage under an EAR policy for the catastrophic failure of a gas turbine at a power station in the Indian sub-continent, including the application and construction of extended maintenance cover, and DE3/LEG2 clauses as well as issues as to jurisdiction
• Acting in $multi-million LMAA shipbuilding arbitration relating to the design and construction of one of the largest vessels of its kind in the world. The issues arising included the scope of design obligations and the existence and treatment of design defects, payment obligations, the requirements for delivery and the obligations and entitlements to which delivery gave rise, delay (including issues of concurrency), disruption and loss and expense, issues relating to termination, liquidated damages, the operation of clauses relating to retention and security and exclusion and limitation of liability, restitution and waiver and estoppel. London seat and English substantive law
• Acting in relation to the decommissioning of a nuclear power station
• Acting in relation to an ICC arbitration concerning a $multi million claim arising out of a major fire at a recycling plant in the Middle East involving (amongst other things) complex issues as to jurisdiction and choice of law, and the application of the United Nations Convention on Contracts for the International Sale of Goods. London seat and English law
• Acting in relation to coverage disputes (including as to the scope of LEG clauses) involving c$100m arising out of a major infrastructure project in the Middle East
• Acting on behalf of an African government in connection with a $30 million claim for extensions of time, variations and loss and expense arising out of a major infrastructure project in the first international arbitration (under EDF Rules) held in that country. Local seat and local substantive law. The main hearing was preceded by a successful jurisdictional challenge as a result of which the original tribunal resigned
• Acting on behalf of the contractor in a c$600 million ICC arbitration for arising out of the construction of a major international airport in the Middle East for (amongst other things) extensions of time (including issues of concurrency), loss and expense and disruption. The claim involves complex jurisdictional issues and detailed consideration of a contract based on the FIDIC Red Book. Middle Eastern seat and local substantive law
• Acting on behalf of an African government in relation a c$200 million dispute concerning a major public building programme, involving complex issues as to jurisdiction, construction, misrepresentation, frustration, waiver and estoppel
• Acting for the employer in a $150m ICC oil and gas arbitration relating to the engineering, procurement and construction of a major Gas Processing Plant in the Middle East, involving (amongst other things) issues relating to variations, delay (including issues of concurrency), loss and expense, notices, waiver and estoppel and liquidated damages. London seat and English substantive law
• Acting for the employer in £100m LCIA arbitration arising out of a major EPC oil and gas project in the Middle East, involving claims for extensions of time (including issues of concurrency), loss and expense and variations, and questions relating to the proper construction of clauses providing for the limitation of liability and exclusive remedies. London seat and local substantive law
• Acting on behalf of the contractor in a $500m ICC arbitration in relation to the construction of a major international sports stadium in the Middle East under a contract based on the FIDIC terms and conditions. After successfully resisting a jurisdictional challenge based on the alleged absence of timely notification of claims, the contractor pursued claims for variations, extensions of time and loss and expense. UAE seat and UAE substantive law
• Acting in relation to ICC arbitration concerning$ multi million claim arising out of a major fire at a recycling plant in the Middle East involving (amongst other things) complex issues as to jurisdiction and choice of law and the application of the United Nations Convention on Contracts for the International Sale of Goods. London seat and English law
• Acting on behalf of the successful Respondent in challenging the tribunal’s jurisdiction in a $multi­million ICC arbitration for variations, extensions of time and loss and expense in relation to the construction of an airport in the Middle East. London seat and English substantive law
• Acting for the EPC Japanese sub-contractor in a £30 million ICC arbitration in relation to the construction of a substantial process plant in the north east of England relating to variations, delay (including issues of concurrency), loss and expense and disruption. London seat and English substantive law

Awards

News

• Sky & Mace v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm)
• Members of Chambers recognised by the Legal 500 EMEA 2023 for their construction expertise in the Middle East

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Events

• David Sears QC and Andrew Rigney QC join the Hogan Lovells Middle East Construction Forum panel

Qualifications

• 1986-1989 Christ’s College, Cambridge, MA, English Tripos
• 1989-1990 Japan Exchange and Teach (“JET”) Programme: British Government/Japanese Government programme teaching English near Tokyo
• 1990-1991 The City University, Diploma in Law (Distinction)
• 1991-1992 Gray’s Inn: Uthwatt Scholar, Mooting Award, United States Moots Tour (1993)

Memberships

• Commercial Bar Association
• Technology and Construction Bar Association (former Committee member)
• Society of Construction Law
• Society of Construction Law (Gulf)
• London Common Law and Commercial Bar Association
• Professional Negligence Bar Association
• LCIA