Duncan Bagshaw

Partner Norton Rose Fulbright LLP
London
United Kingdom
+44 (20) 74445728
London
United Kingdom
+44 (20) 74445728

Duncan Bagshaw

Biography

Duncan Bagshaw is an international arbitration and commercial dispute resolution lawyer based in London. He principally focuses on the oil and gas, energy and natural resources sectors in emerging markets.

Duncan has extensive experience in handling complex international disputes. He leads teams in cross-border and multi-jurisdictional matters, under the rules of major arbitral institutions. Many of Duncan’s cases involve issues of the highest commercial or political sensitivity, involving hundreds of millions or billions of dollars at stake. He has experience handling cases involving multiple forums and overlapping proceedings. He has often dealt with simultaneous proceedings in arbitration and/or in court.

Duncan has particular experience in Africa, having lived in the region and consistently handled cases involving projects in African jurisdictions, including both Anglophone and Francophone countries.  

Drawing on his background as a barrister, Duncan regularly acts as advocate before arbitral tribunals. He also appears before all senior courts of England and Wales, including the Supreme Court.

Duncan is a vice-chair of the ICC UK Arbitration and ADR Committee as well as a member of the ICC Global Commission. He also acts as the Registrar of the Scottish Arbitration Centre.

Duncan was called to the Bar by Lincoln’s Inn in 2003. He practised as a barrister until 2012 when he became the first Registrar of the LCIA-MIAC Arbitration Centre in Mauritius, working to establish the country as an emerging centre for dispute resolution and to promote international arbitration practice in Africa. He returned to London in 2015 and worked at major law firms before joining Norton Rose Fulbright in 2025.

Duncan is a board member of the Kisomo Foundation, raising funds for education in Kenya. He is also a member of the organising committee of the Save the Children International Arbitration Charity Ball, and the chair of the trustees of the Field Family Trust, which raises money for projects to benefit disadvantaged young people in London and the West Midlands.

Professional experience

Representative experience

Representative experience

(as counsel)

  • Representing a state in an arbitration under a state guarantee - Acting for a state in an arbitration relating to a large hydro power generation project.
  • US$300 million arbitration involving a West African state - Acting in an arbitration between an IOC and a state, concerning the state’s entitlement to impose tax under agreements relating to production of oil from the Jubilee oil field.
  • Nigerian oil marine dispute - Representing a Nigerian energy company in an LMAA arbitration against a large European shipowner in a dispute under a Charterparty concerning force majeure.
  • Deepwater Horizon: Supreme Court intervention for CIArb - Acting for the Chartered Institute of Arbitrators as intervenor in a Supreme Court appeal (also involving the LMAA) against a refusal to disqualify an arbitrator (in an arbitration arising out of the Deepwater Horizon disaster) on the grounds of apparent bias and lack of impartiality.
  • US$50 million Commercial Court proceedings in the steel industry – Acting in major Commercial Court proceedings involving a dispute between major global steel companies based in India.
  • Venezuela mining investment - Acted in proceedings arising out of an investment treaty between Venezuela and a Canadian mining company regarding the application and effect of the treaty and the nature of the Claimant's investment.
  • $multi-billion Commercial Court proceedings regarding Mozambique maritime project - Acting for a senior Mozambican public official in court proceedings arising from the "hidden debts" scandal, concerning Mozambique, Credit Suisse and numerous other parties.
  • Kenyan marine engineering project - Acting for an African parastatal body in a claim in adjudication and arbitration under a FIDIC contract for dredging and other engineering works at a major African port.
  • China/Canada mining dispute - Acting as counsel in proceedings between the Chinese investor in a US mining business operating in Africa, and the vendor/shareholder, concerning the compliance by each party with the shareholders' agreement and other contractual obligations.
  • Flagship hotel dispute - Representing a major property company in an ICC arbitration (3-member panel) with a global hotel brand regarding the operation of a flagship UK hotel.
  • Intellectual Property arbitration - Acting in an LCIA arbitration involving a dispute over IP rights to an Application and associated database. Including a contested challenge to an arbitrator.
  • India: Steel supply contract - Bringing court proceedings on behalf of a global giant steel producer against a Singaporean company (part of a large UK-based group) to recover $50 million in funds advanced towards unfulfilled steel supply contracts.
  • Venezuela: LCIA Commodities arbitration - Acting for a large Swiss commodities company in a dispute with a Venezuelan metal trader over contracts for the supply of Aluminium and Caustic Soda (LCIA, three-member tribunal).
  • Nigerian oil block - Acting as counsel for a Nigerian oil and gas consortium against a Chinese state financial organisation
  • Tanzania electricity supply - Acting on behalf of an electricity supply company in an ad-hoc arbitration (London seat) in relation to a contract for the supply and operation of electricity generation equipment in Tanzania.
  • East Africa hotel development joint venture - Acting in two arbitrations in Dubai, UAE arising from a joint venture to develop hotels in East Africa. The disputes concerned the Hotel Management Agreement and the Shareholders’ Agreement.
  • Kenyan property development scheme - Acting for investors, in arbitration and Mauritius Supreme Court proceedings arising out of a US$100-million property investment project and joint venture in East Africa.
  • Consulting for international arbitral institutions – I have been engaged to consult for several international arbitral institutions on improving their procedures and rules.

As arbitrator

  • Arbitration concerning loan agreement - Sole arbitrator appointed by the Chartered Institute of Arbitrators in a claim by a financial institution to enforce a loan agreement.
  • Arbitration concerning shareholders' agreement - Sole arbitrator appointed by the parties in a dispute concerning a shareholders' agreement relating to a Mauritian company in the mining industry.

Rankings and recognitions

Rankings and recognitions

  • Ranked, International Arbitration, Chambers UK 2020 - 2025

"Duncan is a superb lawyer. He is also tremendously hard-working and diligent. He is very diplomatic and very effective."

"Duncan has a broad yet deep and excellent knowledge of multijurisdictional, sophisticated arbitrations. Duncan is commercial and tenacious."

  • Listed as a Key Lawyer, for International Arbitration, Commercial Litigation and Dispute Resolution: Commercial Litigation: Mid-Market, Legal 500 2022 – 2025

"‘Duncan Bagshaw - outstanding in terms of expertise, experience and case handling. Focuses on the essentials, provides pragmatic solutions, and wins the case.’"

"Duncan Bagshaw is a very skilled person, and most of all, very smart. He gets to the point quickly and is very precise and competent. He acts in a very clear manner and his availability is very much appreciated."

  • Recognised as a Global Thought Leader, Arbitration, Who's Who Legal 2022 - 2025

Education

Education

  • The University of Birmingham, UK - LLB (Hons) Law with French 2002
  • L’Université de Limoges, France – Diplôme d'Etudes Juridiques Françaises 2001
  • Inns of Court School of Law – Bar Vocational Course 2003

Publications

Publications

  • Author of a chapter in The Plurality and Synergies of Legal Traditions in International Arbitration (Brekoulakis, Comair-Obeid Eds.; 2024)
  • Author of a chapter in The Transformation of Arbitration in Africa: the Role of the Courts (Dr EOnyema, Ed; Kluwer 2018)
  • Author of the chapter on Mauritius in The Transformation of Arbitration in Africa: the Role of Arbitral Institutions (Dr E Onyema, Ed; Kluwer 2016)
  • Author of a chapter in A Commentary on the LCIA Rules (Wade, Clifford, Clanchy; Sweet & Maxwell 2015)
  • Co-Author of a chapter in Arbitration in Africa: A Review of Key Jurisdictions (Fagbonhunlu, Miles,Shah; Sweet & Maxwell 2016)
  • Contributed to the Mauritius chapter in Arbitration in Africa, A Practitioner’s Guide (Bosman; Kluwer 2013)
  • Disputed Applications to Refer Court Proceedings to Arbitration - in Mauritius Business Law Review (5th Edition, 2014)
  • Emmerson Mnangagwa’s inaugural speech – What does it mean for international business? – in African Law & Business Magazine (February 2018)
  • Lectured on the University of Cape Town LLM in International Arbitration
  • Lectured at Beijing Tsinghua University on International Arbitration and Dispute Settlement

Memberships and activities

Memberships and activities

  • The Honourable Society of Lincoln’s Inn - Called to the Bar of England and Wales 2003
  • Chartered Institute of Arbitrators – Fellow 2020
  • Chartered Institute of Arbitrators - Advanced Certificate of International Arbitration 2014
  • ICC Court of Arbitration – UK Delegate to the ICC Global Commission
  • ICC Court of Arbitration – Vice-Chair of the ICC United Kingdom Arbitration Committee
  • London Court of International Arbitration – Member
  • Scottish Arbitration Centre, Edinburgh – Registrar
  • MARC Arbitration Centre, Mauritius - Member of the Advisory Board since 2017

Languages

Languages

  • English
  • French

Insights and news