Andrew Foyle

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.