Katie McDougall

Of Counsel
Norton Rose Fulbright LLP

Katie McDougall

Katie McDougall

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Biography

Katie is a dispute resolution and litigation lawyer based in London. Katie focuses on disputes in the energy sector, and in particular oil and gas litigation and arbitration, and advises clients in the energy and related sectors on economic sanctions issues.

She handles a broad range of energy disputes, especially in the oil and gas industry, including upstream, downstream, wholesale, retail and services, and the power sector.

Katie's dispute experience covers both court litigation and international arbitration. Katie mainly advises on complex, high value disputes in international arbitrations conducted under institutional bodies such as the ICC, LCIA and SCC. She also has experience with alternative dispute resolution, in particular mediation.

Katie’s sanctions practice includes advising on economic sanctions for all major regimes, including Russia and Iran.  Katie has advised on the sanctions aspects of various oil and gas projects (and related industries, including financing and insurance), for joint venture partners, lenders and contractors. Katie has specific experience in drafting and advising on sanctions provisions, as well as providing advice in relation to risk, compliance and strategy.

Katie is admitted to practice in the courts of Western Australia and the High Court of Australia.

Current and other relevant recent experience (a number of which are confidential on-going matters) is set out below.


Professional experience

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  • Solicitor, qualified in Australia
  • Representing a national electricity company in the Middle-East in multi-billion dollar ICC arbitration proceedings, and Swiss Court appeal proceedings, against national state companies of Egypt over a long-term gas supply and purchase agreement and various guarantees of supply. The case was successful and the winning company is now pursuing both a negotiated settlement strategy at the same time as an enforcement process.
  • Acting for wind farm operator in nuisance dispute in relation to a UK wind farm.
  • Acted in contemporaneous LCIA and SCC arbitrations against a Russian oil major in relation to oil field services in West Qurna, Iraq.
  • Obtaining High Court injunction for non-operator in North Sea joint venture to stop unilateral drilling action by operator.
  • Advising European investment fund on all sanctions and disputes related risks relevant to its investment, development, construction and operation of solar parks in the Islamic Republic of Iran.
  • Advising syndicate of European ECA Lenders and ECAs on sanctions risks in relation to aviation financing.
  • Assisting the European subsidiary of a US-headquartered manufacturing company with the conduct of due diligence on prospective clients in the Iranian energy sector and advising on the risks under EU and US sanctions.
  • Advising major oil major on EU and US sanctions in respect of its involvement in oil projects in Russia, including liaising with the UK ECO, preparing export licensing applications and advising on transaction structures.
  • Advising two major shipping operators on the EU sanctions aspects of the provision of specialized ice class LNG carriers and conventional ships to an Arctic Russia oil and gas project.
  • Providing disputes advice for the Freetown power project, Sierra Leone's first independent power project to reach financial close.
  • Advising on a dispute between an investor and State - acting in disputed recognition and enforcement proceedings relating to an ICSID Additional Facility Rules arbitration award in the Commercial Court, involving a dispute between an investor and State under BIT.
  • Providing sanctions advice to an international oil company and drafting authorisation applications in relation to current oil and gas projects in Russia with Russian joint venture partner.
  • Provided two half day training sessions each to European based banks at their offices.  The session was to 20 members of the legal team and management. The topic of the training was EU and US sanctions against Iran and Russia, and how they affected EU financial institutions.  The training included a session on sanctions provisions in documentation (including examples of the banks' sanctions clauses), key red flags for lenders, and an interactive session involving the financing and operation of trade to Iran.
  • Advising a European-headquartered global financial institution in connection with economic sanctions issues arising out of recent developments in Russia and Ukraine, including the application of sanctions to complex financial instruments and the potential exposure of various UK businesses and across multiple jurisdictions in Europe.
  • Advising third party mutual insurers on the payment of insurance proceeds to a party in a sanctioned country for the repair of a damaged offshore installation. Advising the insurers of the difficulties of the reinsurance position, obtaining authorisations (to the extent possible from HMT) and liaising with a US firm on US OFAC issues and authorisations.
  • Advising eight lenders on all sanctions aspects of financing documentation during negotiation for LNG project in Africa.
  • Advising a third party shipping mutual insurer on sanctions risks for its members; drafting a matrix of sanctions applicable to each country visited by members which has been made accessible on the insurer's website for the benefit of the members.
  • Drafting a sanctions compliance policy to ensure that matters engaged in are both legal and permitted, in numerous jurisdictions, fit the firm's risk policy and satisfy banks of legality and acceptability of payments.
  • Assisting a major European and Asian bank to draft sanctions clauses in its facilities and loan agreements for the finance of aircraft and ships to ensure that borrower's actions do not cause the bank to be in breach of sanctions applicable to it; and assisting the bank to slightly relax those policies in the light of the JCPOA.
  • Advising a Middle East petrochemical company on the sanctions risks of doing trade and developing projects in Iran.
  • Advising a major London reinsurer on the renewal and renegotiation of its banking facility so that the reinsurer could take advantage of the relaxation of sanctions in certain jurisdictions and otherwise provide reinsurance to the maximum extent in the current sanctions regime.
  • Advised state oil company on potential dispute with oil major under SPA for lack of payment, including advice on dispute resolution, termination provisions and strategy.
  • Advised a Pakistani power company in relation to a contractual dispute under a Power Purchase Agreement and Gas Supply Agreement.
  • Advising an oil major on the meaning of technical terms contained within sanctions regulations and whether the project being planned fell within those range of operations that are sanctioned.
  • Advising on trade finance of the export of certain materials from sanctioned countries and whether the nature and structure of the deal contemplated was in breach of the sanctions regulations applicable to that exporting country and the client.