Overview
Andrew leads our International Arbitration practice across the Asia-Pacific, India and the Middle East.
Andrew has extensive experience of disputes in the construction, energy, infrastructure, financial services, space and telecommunications sectors as well as undertaking general commercial disputes. He is experienced in acting for and against States in investment treaty matters and is a market leader in enforcement of investor-state and commercial arbitral awards. He advises clients on dispute resolution structuring in commercial contracts and investment agreements. Andrew acts in disputes under both national laws and international law worldwide. He acts as counsel under all the major arbitral rules and frequently sits as arbitrator.
Andrew is an active member of the international arbitration community. He is an ACICA Fellow, a member of the ICC Australia Appointments Commission a P.R.I.M.E Finance expert, a member of the International Law Association and serves on the SIAC Users Council. He is a former Australian delegate to the ICC Commission on Arbitration and ADR (2018 to 2022), and served as a mentor to members of the Young Institute for Transnational Arbitration (2021 to 2022).
Among other leading matters, Andrew recently acted for renewable energy investors against Spain in the Federal Court of Australia and High Court of Australia in a dispute resulting in the first contested ICSID award to be recognised and enforced in Australia. The resulting judgments have provided important clarification on the meaning and effect of the enforcement articles in the ICSID Convention and on the approach to treaty interpretation and the law of sovereign immunity.
Andrew is is highly ranked in the major legal directories including as a Global Leader in Who’s Who Legal - Arbitration (2022 to 2024); a National Leader in South East Asia (2023 and 2024) “Andrew is a leading arbitration practitioner in Singapore” and Australia & New Zealand (2020 to 2022) “Andrew Battisson…enjoys a sterling reputation for his extensive experience in commercial and investor-state arbitration”. He was previously ranked in Who’s Who Legal’s top 10 future leaders for arbitration in APAC (2017 to 2020).
Andrew was also recognised by Chambers & Partners and was ranked Band 1 in Chambers APAC (Arbitration – Australia) for 2022 and 2021. He wins praise from clients for "overall legal acumen," one particularly emphasising his "strong grasp of issues and excellent ability to develop an appropriate strategy" and his "timely and succinct responses, which are always on point."
Andrew is ranked by Chambers & Partners in Band 4 (Singapore) (2024 and 2023). “He is, in my view, one of the market-leading practitioners in Singapore in the international arbitration space. Great with clients and team alike, he is a pleasure to work with." and "Andrew is an excellent lawyer with a high level of sophistication in his understanding of disputes."
Andrew is also ranked as a leading individual in Singapore by Legal 500 (2022-2023).
Experience
Andrew has acted for clients in many significant disputes. Recent examples of his experience include advising:
Construction, Energy and Infrastructure
- A state-owned UAE company: acting for the employer in defending SIAC proceedings concerning disputed CORs arising from the construction of an offshore oil rig. The matter was subject to Singapore law.
- A Middle East corporate: defending a DIFC-LCIA dispute, valued in excess of US$100m, arising from the construction of an integrated development in Dubai, subject to the UNIDROIT Principles. The dispute concerned delay analysis, disputed CORs and EOT requests.
- A Middle East corporate: defending an ADCCAC dispute, valued in excess of US$100m, subject to English law, seated in Abu Dhabi, in relation to the construction of an international hotel.
- A Middle East corporate: defending three related DIAC disputes, valued in excess of US$100m, arising from the construction of a freeway. The matter was subject to English law.
- An international energy consortium: defending an oil major in an ICC arbitration, valued in excess of AU$130 million, concerning nine disputed CORs arising from the construction of an LNG project. The matter was subject to WA law.
- An Asian contractor: in two ICC arbitrations, subject to Indian law, seated in Delhi against an Indian employer concerning tax and construction issues arising from the expansion of a steel plant in India. The client was successful in both matters.
- A US energy services company: in a dispute with an Asian energy company arising from the loss of drilling equipment in an exploration campaign in Indonesia. The matter was subject to Indonesian law, Jakarta seat, BANI Rules and was successful.
- A major trading house: in ad hoc arbitrations seated in Singapore, and related court proceedings, arising from a large fuel oil contamination event. The sums in dispute exceed US$100m.
- Energy supermajors: in relation to three gas price review arbitrations, subject to Western Australia law, seated in Perth. Acting successfully in related proceedings in the Supreme Court of Western Australia and the Court of Appeal of Western Australia in respect of one gas price review.
- An energy joint venture: in defending an ICC arbitration, subject to English law, seated in Singapore brought by Timor-Leste arising from the termination of a production sharing contract for an offshore block in the Timor Sea. The matter was settled after mediation and lengthy negotiations. The dispute was valued at US$50m.
Investor-State Disputes
- A regional government: in defending an investment treaty claim concerning an alleged expropriation of certain rights in relation to a mining project. The sum claimed exceeds US$200 billion.
- ICSID award creditors: in five ICSID enforcement proceedings in the Australian courts against the Kingdom of Spain arising from solar energy investments in Spain, against a plea of sovereign immunity from the jurisdiction of Australian courts: (i) Eiser Infrastructure Limited, Energia Solar Luxembourg S.A.R.L & Anor v Kingdom of Spain; (ii) Infrastructure Services Luxembourg S.A.R.L & Anor v Kingdom of Spain; (iii) RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.a.r.l v Kingdom of Spain; (iv) 9Ren Holdings v Kingdom of Spain; and (v) NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V v Kingdom of Spain. The sums in dispute exceed US$750m.
- The Islamic Republic of Pakistan: in successfully defending two related UNCITRAL claims brought under the UK-Pakistan and Mauritius-Pakistan bilateral investment treaties arising from the alleged expropriation (and other alleged breaches) of a liquid petroleum gas importation facility in Port Qasim, Karachi. The sum in dispute exceeded US$500m.
Financial Services
- A global investment bank: in successfully defending Australian court proceedings arising from the collapse of a project to develop and launch a telecommunications satellite. The sum in dispute exceeds US$250m.
- A REIT: in defending ad hoc arbitration proceedings brought in respect of a significant retail asset by an anchor tenant. The matter is subject to Australian law and valued in excess of US$m.
- A global investment bank: as respondent in successfully defending a Singapore seated, SIAC arbitration subject to English law, concerning the alleged mis-selling of complex foreign exchange derivative instruments to an high net worth individual. The claim exceeded US$90m.
- A global investment bank: in multi-jurisdictional proceedings arising from a real estate investment in Thailand. The matter involved two SIAC arbitrations, a SIAC emergency arbitration (successfully obtaining an anti-suit injunction restraining Thai court proceedings), successfully defending three sets of Thai court proceedings (including both civil and private criminal proceedings), a BVI court proceeding and enforcement proceedings before the Singapore courts. The dispute involved issues of Singapore law, Thai law and BVI law. The claims exceeded US$100m.
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