Andrew Battisson

Partner
Norton Rose Fulbright Australia

Sydney
Australia
T:+61 2 9330 8611
Sydney
Australia
T:+61 2 9330 8611
Andrew Battisson

Andrew Battisson

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Biography

Andrew Battisson is an international arbitration lawyer who practices globally.  He leads Norton Rose Fulbright's arbitration practice in Australia and Indonesia. He is a qualified barrister and solicitor. Prior to joining the firm, he was a partner and co-head of international arbitration (Singapore) at a magic circle firm in Singapore.

He specializes in international commercial and investment treaty arbitration, and acts as counsel to a range of clients in arbitrations under all the major arbitral rules. Andrew also sits as arbitrator in disputes involving a wide variety of parties, laws and industry sectors.

Andrew has particular experience in energy and infrastructure, natural resources and the financial sector, including project finance.  He is experienced in acting for and against States in investment treaty matters and related enforcement matters, and has extensive experience in settlement negotiations and mediation for both states and private parties.  Andrew has extensive experience of conducting disputes for parties in the Middle East and of arbitration in the UAE in particular. 

Andrew has acted in disputes under both national laws and international law worldwide, including acting for Pakistan in successfully defending two investor-state claims under the UNCITRAL Rules and acting against the Republic of India in both investor-state proceedings and enforcement proceedings in respect of UNCITRAL Arbitrations. 

Andrew is highly ranked across the major legal directories for international arbitration, including in Band 1 of Chambers APAC (Arbitration – Australia) "Andrew Battisson is acknowledged by market sources as a "genuine international arbitration practitioner," noted for his advocacy in both arbitration proceedings and in arbitration enforcement litigation. 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"  and in 'Who's Who Legal Future Leaders: Arbitration' in which he has been ranked in the Top 10 Most Highly Regarded Partners in the Asia Pacific in 2018, 2019 and 2020: "Andrew Battisson is highly regarded for his impressive work on international investment treaty and commercial arbitrations. He is also recognised for having strong expertise in energy, infrastructure and finance matters." (2020). "Andrew Battisson of Norton Rose Fulbright is "someone I highly respect" says one interviewee. He has a "strong track record" and is "very good to work with" in an international arbitration context." (2019).

He is an active member of the international arbitration community.  He is an Australian delegate to the ICC Commission on Arbitration and ADR and serves on the SIAC Users Council.  He regularly speaks at arbitration conferences throughout the Asia Pacific.


Professional experience

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  • Bachelor of Civil Law, University of Oxford (2005)
  • Graduate Diploma in Legal Practice, Australian National University (2002)
  • Bachelor of Laws (1st class), Australian National University (2002)
  • Bachelor of Commerce (Accounting), Australian National University (2000)
  • High Court of Australia 2002
  • New South Wales 2002
  • Singapore Registered Foreign Lawyer 2009
  • Supreme Court of the Australian Capital Territory 2002

Investment treaty and enforcement

·         Advising an Asia Pacific government in defending an investment treaty claim including against allegations of expropriation of rights, valued in excess of $24 billion arising from a dispute over the development of a mining project.

·         Acted for 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.

·         Acted for an Asia based car manufacturer in Singapore seated, UNICTRAL proceedings against India seeking to enforce certain international law protections from a bilateral investment treaty in a dispute arising from the failure of an Indian regional government to honour investment incentives promised in return for the client building an automobile manufacturing facility.  The matter successfully settled.

·         Acted for the Republic of Azerbaijan in ICSID proceedings as Respondent to a claim brought by Fondel B.V. and for Azerbaijan in a counter-claim in relation to a dispute arising from the alleged expropriation of an alumina smelter.

·         Acted for Deutsche Bank AG, in ICSID proceedings against Sri Lanka arising from the expropriation of certain rights connected to an oil hedging programme. The award was in Deutsche Bank's favour and is the first time a derivative instrument has been held to be a protected investment.  The matter settled at the annulment stage after extensive negotiations.

·         Acted for Millicom International Cellular in ICSID proceedings brought against the Republic of Senegal in relation to the alleged expropriation of a mobile phone concession and in defending local judicial proceedings brought by Senegal against Millicom International Cellular.

·         Acting for ECT/ICSID award creditors in four enforcement proceedings in the Federal Court of Australia 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; and (iv) 9Ren Holdings v Kingdom of Spain.

·         Acting for the applicants in CC/Devas (Mauritius) Ltd. & Ors v The Republic of India in enforcement proceeding in respect of a high value investment treaty award against the Republic of India arising from the termination of a contract between Devas and the Indian space agency for use of satellite spectrum in the telecommunications sector.

Energy, infrastructure and natural resources

·         Acting for a Middle East contractor in defending a DIFC-LCIA dispute, subject to the UNIDROIT Principles, seated in the DIFC brought by the owner arising from the construction of an integrated development in Dubai.  The dispute is valued in excess of $100m.

·         Acting for a Middle East contractor in defending three related DIAC disputes, subject to Qatari law, seated in Dubai brought by its joint venture partner, arising from the construction of a freeway. 

·         Acting for a Middle East contractor in defending an ADCCAC dispute, subject to English law, seated in Abu Dhabi, brought by a contractor in relation to the construction of an international hotel.  The disputes are valued in excess of $100m.

·         Acting for Japanese, Indian and Australian interests in defending an ICC dispute, 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 on favourable terms after mediation and lengthy negotiations.

·         Acting for a group of oil and gas super majors in relation to three gas price review arbitrations, subject to Western Australia law and Perth seat and related proceedings in the Supreme Court of Western Australia and the Court of Appeal of Western Australia.

·         Acted for an oil major as respondent in ICC proceedings subject to West Australian law, arising from the development of a large offshore gas field and the related construction works for an LNG facility. The dispute comprised nine different disputed change orders valued at approximately US $130 million.

·         Acting for an East Asian contractor in an ICC dispute, subject to Indian law, seated in Delhi against an Indian employer concerning the expansion of a steel plant in India. The dispute involves analysis of the causes of delay in the project, disputed change order requests and extension of time requests.

·         Acted for a sovereign wealth fund as respondent in defending SIAC proceedings commenced by a construction company concerning disputed change orders arising from the construction of an offshore oil rig in the Gulf of Thailand. The dispute was subject to Thai law.

·         Acted for an Indonesian oil and gas company as respondent under the UNCITRAL rules in relation to a claim brought by a US company arising from a failed gas pipeline repair project. The dispute was subject to Indonesian law and seated in Singapore.

·         Acted for a wind turbine manufacturer as lead contractor in a dispute subject to Thai law, SIAC Rules and a Singapore seat, with a sub-contractor arising out of a wind farm development in Thailand. The dispute involves a delay analysis, damages analysis and consideration of local permit requirements.

·         Acting for a mining company as claimant in a SIAC arbitration subject to Singapore law, against an Indonesian respondent in a dispute arising from coal mining services in Indonesia. The dispute also involves debtor restructuring proceedings before the Indonesia courts and defending a claim in tort brought before the Indonesian courts.

·         Acting for 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 is subject to Indonesian law, Jakarta seat, BANI Rules.

·         Acted for a Canadian energy company as majority owner of a wind farm development in New South Wales in a dispute with the minority shareholder arising from the financing requirements for the construction of the wind farm.

·         Acted for an Indonesian mining company as respondent in an LCIA dispute subject to English law, successfully defending a claim brought by a European mining company alleging breach of pre-emption rights in a mine acquisition.

·         Acted for a European infrastructure company in two related Singapore seated arbitrations (SIAC as respondent and ICC as claimant, respectively) arising from the termination of a shipbuilding contract and the failure of a bank to honour certain on-demand guarantees (together valued at approximately $100 million). The matter also involved successfully obtaining an anti-suit injunction from a SIAC emergency arbitrator restraining proceedings brought before the Seoul courts that were in breach of the arbitration agreement.

·         Acted for an international oil major as Respondent under the SIAC rules in a breach of contract claim brought by another international oil major in relation to a concession in the Gulf of Thailand. The dispute was subject to English law.

·         Acted for a European oil and gas company in a dispute concerning the failure of an oil riser in the North Sea, subject to English law and LCIA arbitration.

·         Advising an Australian oil and gas company in relation to the negotiation of product sharing contract with Timor-Leste following the conclusion of the delimitation of the Australian/Timor-Leste maritime boundary.

Banking and finance

·         Acting for a global investment bank in defending an investigation into the alleged breach of duties owed to a high net worth individual in connection with market losses incurred during the Covid-19 pandemic.  The investigation is being conducted by an APAC prudential regulator.

·         Acting for a global investment bank in defending complaints of fraud and embezzlement made by a high net worth Indonesian investor to the Indonesian police, arising from losses incurred in complex foreign exchange and equity derivatives products.

·         Acting for a global investment bank in defending an investigation into the alleged contravention of anti-cartel provisions in connection with the loan syndication market, giving rise to civil and criminal penalties.  The investigation is being conducted by an APAC anti-trust regulator.

·         Acted for Deutsche Bank AG, in ICSID proceedings against Sri Lanka arising from an oil hedging programme. The award was in Deutsche Bank's favour and is the first time a derivative instrument has been held to be a protected investment.

·         Acted for global investment bank (with local counsel as necessary) 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), 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.

·         Acted for a global investment bank as respondent in a Singapore seated, SIAC arbitration subject to English law, concerning the alleged mis-selling of complex foreign exchange derivative instruments to an Indonesian businessman.

·         Advised a European investment bank in re-negotiating a long term high value foreign exchange derivatives contract with significant volatility with an Indonesian state owned enterprise. The dispute involved Indonesian and English law.

·         Acted for a Singaporean bank as claimant under the LCIA rules against an Indian corporate in a dispute arising from the alleged mis-selling of foreign exchange derivatives. The dispute was subject to Singapore law.

·         Acting for a global investment bank in defending a civil claim before the Indonesian courts, brought against it in respect of a loan portfolio acquisition and in defending related Indonesian criminal proceedings.

·         Acted for a US investment bank (with local counsel) as claimant in Indian court proceedings arising from a dispute concerning the failure to honour a conversion notice approximately US $100 million worth of convertible bonds issued by an Indian corporate. The dispute was subject to Indian law.

 General commercial

·         Acting for an Asian telecommunications company in a London seated, LCIA arbitration as Respondent in a dispute arising from a failed merger in South Asia.

·         Acted for a Vietnamese conglomerate as respondent in a SIAC arbitration defending the alleged breach of certain warranties arising from the sale of a substantial consumer business. The matter was subject to Vietnamese law and seated in Singapore.

·         Acted for a European telecommunications company as respondent in SIAC proceedings, seated in Singapore and subject to Singapore law, arising from the disputed development of a mobile telephone network in Myanmar.

 Arbitrator experience

·         Sitting as a sole arbitrator in a SIAC, Singapore seated arbitration arising from a dispute concerning the design of an oil rig, involving Singaporean and Chinese parties.

·         Sitting as party appointed arbitrator in an ICC, Hong Kong seated arbitration arising from a 'fintech' dispute.

·         Sitting as a sole arbitrator in an ICC, Singapore seated arbitration arising from an online media technology dispute concerning Vietnamese, Thai, Singaporean and US parties.

·         Delivered an award as sole arbitrator in a Singapore seated, ICC arbitration in a dispute arising from the construction of an offshore oil and gas facility in South Korea.

·         Sat as sole arbitrator in a SIAC arbitration seated in Singapore, concerning a sale of goods dispute.  The arbitration was subject to Singapore law.

Sat as sole arbitrator in a SIAC arbitration seated in Singapore, concerning a sale of a maritime services dispute.  The arbitration was subject to Singapore law.

·         Ranked as Band 1 in Chambers Asia Pacific (arbitration – Australia) "Andrew Battisson is acknowledged by market sources as a "genuine international arbitration practitioner," noted for his advocacy in both arbitration proceedings and in arbitration enforcement litigation. 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."

·         Ranked in Who's Who Legal "Future Leaders: Arbitration" (2021) "Andrew Battisson is "strongly endorsed for his top-notch arbitration work" including commercial and investment treaty disputes.

·         Ranked as a "National Leader" in Who's Who Legal 2020 – Australia – Arbitration and 2021 (forthcoming).

·         Ranked in Who's Who Legal "Future Leaders: Arbitration" (2020) in the Top 10 Most Highly Regarded Partners in the Asia Pacific "Andrew Battisson is highly regarded for his impressive work on international investment treaty and commercial arbitrations. He is also recognised for having strong expertise in energy, infrastructure and finance matters."

·         Ranked in Who's Who Legal "Future Leaders: Arbitration" (2019) in the Top 10 Most Highly Regarded Partners in the Asia Pacific "Andrew Battisson of Norton Rose Fulbright is "someone I highly respect" says one interviewee. He has a "strong track record" and is "very good to work with" in an international arbitration context."

·         Ranked in Who's Who Legal "Future Leaders: Arbitration" (2018) in the Top 10 Most Highly Regarded Partners in the 'rest of the world' category (Asia-Pacific and the Middle East) "Andrew Battisson is well known as an understated and clever" advocate with broad commercial expertise in energy and infrastructure disputes."

·         Listed in Who's Who Legal: "Future Leaders: Arbitration" (2017) "Andrew Battisson in Singapore is a "smart lawyer who is very well liked by clients".

·         Ranked as "up and coming" (Singapore) in Chambers Global (2014 – 2017) and Chambers Asia- Pacific (2014 -2017) and Band 4 in 2018:

"Andrew is highly praised as a phenomenal very astute lawyer with an incredible work ethic who shows great attention to detail" (Chambers Asia Pacific 2014).

"According to one client, Andrew "draws praise for his speedy application of knowledge and highly efficient co-ordination with colleagues in a recent very complicated matter."" (Chambers Global 2015).

"One client observes: "He's clearly an expert in his field, very easy to work with, creative, with lots of ideas, and it's very easy to bounce ideas off him and test things. We feel like we're in very good hands with Andrew.""  (Chambers Asia Pacific 2017).

"Andrew Battisson is noted by sources for his growing profile in this practice area. He is active in energy and banking disputes and is also noted for his experience in investment treaty arbitration."" (Chambers Asia Pacific 2018).

·         Listed as a "future star" in Benchmark Litigation's Asia Pacific 2013 and 2014 rankings.

·         Listed in LMG's Expert Guides for "Commercial Arbitration" (2014 and 2020); and "Rising Stars" (Commercial Arbitration) (2015 and 2016).