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Practice Summary

Andrew was called to the English Bar and joined One Essex Court in 2006 to develop his practice as an arbitrator in international arbitration. Prior to that, Andrew had been a solicitor and was a partner at Lovells (now Hogan Lovells) for 24 years. While at Lovells he was head of the firm’s international arbitration practice (from 1998 to 2006) and was senior partner of the Hong Kong office (from 1994 to 1998).

Since joining One Essex Court, Andrew has been appointed arbitrator in more than 120 LCIA, ICC, UNCITRAL and ad hoc arbitrations, more than half of these as Chairman or Sole Arbitrator. The seats have included London, Geneva, Paris, The Hague, Dubai, Doha, Muscat, Singapore and Hong Kong. Examples of some of his arbitration cases are given below.

He is a fellow of the Chartered Institute of Arbitrators and a member of the LCIA. He is on the panel of arbitrators of the ICDR, the Hong Kong International Arbitration Centre and the Chinese International Economic and Trade Arbitration Commission.

He was a UK member of the ICC Court of Arbitration from 2006 to 2012 and a member of the drafting sub-committee of the ICC task force, which revised the ICC Rules of Arbitration and which came into force on 1 January 2012.

He has been an officer of the IBA arbitration committee and a past chair of its subcommittee on the recognition and enforcement of arbitral awards.

Over the years, his experience and reputation in international arbitration have been recognised by a number of the leading legal directories. For example, in 2015, he was runner up for the 2015 GAR Best prepared/most responsive arbitrator award.

In more than 45 years of legal practice as an arbitration and litigation lawyer, he has dealt with a wide range of commercial disputes. At Lovells he acted as counsel in many international arbitrations. He is now regularly appointed as an arbitrator in a wide range of international commercial arbitrations, including LCIA, ICC and UNICITRAL arbitrations.

Since joining One Essex Court, he has been appointed arbitrator in more than 120 arbitrations, including 33 as Chairman of the Tribunal and 16 as Sole Arbitrator. The seats have included London, Geneva, Paris, The Hague, Dubai, Doha, Muscat, Singapore and Hong Kong.

His arbitrations have included those arising from asset and share purchase agreements, joint ventures, Russian “corporate raids”, licensing agreements, construction contracts, IT disputes, the financial services and banking sector, the oil industry, defence contracts, insurance disputes.

He has experience of disputes relating to numerous countries including the United States, Australia, Nigeria, Kenya, Cyprus, Turkey, Dubai, Oman, Bahrain, Saudi Arabia, Japan, the Philippines, China, India, Hong Kong and the governing laws of those jurisdictions. The disputes have been governed by the laws of many common and civil law jurisdictions as well as the UAE, Qatar, Oman, Russia and Japan.

In 2020, Legal 500 2020 ranked Andrew as one of its leading individual arbitrators: “An outstanding arbitrator, particularly as chair – thoughtful and diligent”. Chambers UK 2020 ranked Andrew as a leading junior, “Very detailed and meticulous”. Who’s Who Legal 2020 says "Andrew Foyle is "a superb practitionerand "a great arbitrator" with over 30 years of experience in international arbitration proceedings under most major institutional rules”.

In 2021: Chambers UK London Bar (Band 1)"A truly excellent arbitrator." "Energetic and proactive."  Chambers Global (Band 3) “Peers describe him as ‘very able and determined.’”  Legal 500,(London Bar Leading international arbitrators) Ranked: Tier 1 - ‘Very experienced and knowledgeable in international arbitration and able to navigate the various institutions, he is also very collegial and it is a pleasure working with him.’

WWL 2021: “Andrew is extremely well regarded in the arbitration space”, “Mr Foyle is superb - a great arbitrator”, “He's got a very good reputation”, “He is a good practitioner and is attentive to details”, “Andrew is very highly regarded, very good with technology and manages disputes and the conduct of the arbitration efficiently”.

More recently in 2022 Chambers UK London Bar (Band 1): “He is extremely courteous, experienced and hard-working.” “He is a first-rate arbitrator and he is in huge demand.” “He is absolutely excellent.  He has fierce intellect and he’s super engaged, always prepared and very efficient.”

In Legal 500 2022 (Leading Arbitrators, Tier 1): “Hugely experienced, very hardworking, on top of the detail, great at turning round sensible draft interim orders in double quick time.”

WWL 2022: "Andrew is a doyen of international arbitration" "He is an incredibly thorough and efficient arbitrator".

EXAMPLES OF RECENT CASES

  • Arbitration

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    The following are examples of his arbitrations, all of which have concluded with partial or final awards.

    • Sole arbitrator in a London seat LCIA arbitration commenced by an international bank against an Asian gold producing company arising out of a structured trade financing transaction involving two facility loan agreements and interlinked gold export contracts.
    • Presiding arbitrator of three consolidated London seat LCIA arbitrations between Russian controlled Cyprus companies to enforce two loan agreements for approximately US$100 million and a related guarantee, all governed by Cyprus law.
    • Two Hong Kong seat HKIAC arbitrations arising from the early termination of two derivative foreign exchange hedging contracts entered into under the ISDA Master Agreement between an international bank and a Hong Kong counterparty and its Chinese PRC guarantor.
    • ICC arbitration involving various financial institutions and a state entity arising out of a Consortium and Shareholders Agreement relating to the acquisition of a major financial institution. Paris seat, English law.
    • LCIA arbitration relating to the development of prime Moscow real estate involving numerous complicated financing and other transactions. The arbitration was brought pursuant to arbitration agreements contained in a share purchase and a shareholder agreement relating to a Cyprus based company. The Claimants alleged that the Respondents had conspired with others to conduct an unlawful "corporate raid" of Claimants' interests in the project.
    • Presiding arbitrator in an ICC arbitration arising out of a Joint Operating Agreement relating to an oil and gas block located off the coast of Indonesia. The claim was for the Respondents' share of the costs associated with a long-term employee incentive scheme.
    • Sole arbitrator in ICC arbitration arising from the termination of a contract for the delivery of an air traffic management system to be supplied to a European state-controlled entity. Determination of the dispute involved consideration of whether the air traffic control system complied with the technical requirements of the contract specification.
    • Sole arbitrator in ICC arbitration arising from the licensing of patents relating to essential mobile communications standards and the licensee’s liability for royalty payments. The issues included whether the royalty provisions were consistent with the licensor’s FRAND obligations and also competition law.
    • Presiding arbitrator in an LCIA arbitration between insurer and insured relating to a credit risk policy and the insurer’s avoidance of the policy due to non-disclosure, misrepresentation and breach of warranty.
    • Presiding arbitrator in an LCIA arbitration between a litigation funder, who funded the Respondent’s legal costs in an ICSID Arbitration and later rescinded the funding agreement on grounds of non-disclosure and breach of warranty.
    • Presiding arbitrator in an ICC arbitration arising from the termination of a contract for the construction of wharf facilities in the Middle East governed by the FIDIC Conditions of Contract for Building and Engineering Works. Associated claims for extensions of time and damages for breach of contract.
    • Ad Hoc UNCITRAL Rules arbitration arising from the termination of a contract for the construction a large residential and commercial development in Dubai. The Claimant contractor sought recovery of sums withheld by the employer and compensation for delay and disruption. The Respondent employer counterclaimed for damages in respect of the delay. The case was primarily about responsibility for the significant delays to the project. The contract was governed by UAE law, Dubai seat.
    • Presiding arbitrator in an ICC arbitration arising out of a project to expand an international airport in the Middle East. The contract was based on the FIDIC Conditions (the “1999 Red Book”) The Claimant contractor brought claims for delay and disruption totalling approximately $550 million. Partial award on various jurisdiction issues and final award on all the claims. Muscat seat, Omani law.
    • Presiding arbitrator in an ICC arbitration pursuant to a Letter of Support issued by an African State in relation to a windfarm project in the country, which did not proceed. Amount in dispute: $142 million. London seat, Kenyan law.
    • Presiding arbitrator in an ICC arbitration relating to the Claimant’s entitlement to terminate franchise arrangements with the Respondent relating to fast food outlets in various countries in the Middle East. Paris seat, English law.
    • Presiding arbitrator in an ICC arbitration relating to the termination of a contract for the provision of exclusive advertising services in a former Soviet country.
    • ICC arbitration relating to the creation and delivery of a system required for a telecommunications network in a country in the Middle East and claims that the Respondent did not deliver an integrated system.
    • Presiding arbitrator in an ad hoc UNCITRAL Rules arbitration relating to the calculation of royalty payments pursuant to an agreement relating to the design and manufacture of a global positioning system for civil aircraft.
    • Presiding arbitrator in an LCIA arbitration arising from the anticipatory breach of a contract for the sale of aluminium.
    • Sole arbitrator in ICC arbitration arising from a contract to supply and maintain tyres used in mining operations at a gold mine in a country in Africa.
    • Sole arbitrator in a London seat LCIA arbitration between Russian parties relating to the payment of advisory fees for corporate finance services.
    • ICC arbitration between shareholders (who included a leading international bank) in a company formed to invest in real estate in Gulf Corporation Council countries in the Middle East.
    • LCIA arbitration proceedings against a leading firm of international lawyers to enjoin them from acting against a former client in litigation.

Chronological Summary of Legal Career

1968-1971 Cambridge University, Sidney Sussex College (Law, 1971)
1972-1974 Articles of Clerkship with Lovell White & King (later Lovells), training as a solicitor
1974 Admitted as a Solicitor of the Supreme Court of England & Wales
1974-1977 Solicitor with Lovell White & King
1977-1980 Solicitor with Denton Hall & Burgin in London and Hong Kong
1978 Admitted as a solicitor of the Supreme Court of Hong Kong
1980-1982 Solicitor with Lovell White & King
1982 Partner, Lovell White & King
1994-1998 Senior Partner, Lovell White Durrant's (later Lovells) Hong Kong office and head of the Litigation department, continuing to practice commercial arbitration and litigation
1998-2006 Returned to Lovells' London office as head of the firm's international arbitration practice group
2006-2012 one of the UK members of the ICC Court of Arbitration
1 June 2006 Joined One Essex Court
27 July 2006 Called to the Bar