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Gordon Nardell QC

Gordon specialises in international litigation and arbitration. He has a particular focus on energy, infrastructure and natural resources but is also known for his work in other sectors – including regulated markets such as transport, public/private partnerships and financial services.

Gordon has extensive experience of EU and public international law. His cases often involve regulatory issues, international trade and investment disputes, and claims by or against sovereigns. He appears regularly in applications for freezing orders, anti-suit injunctions and other forms of urgent relief.

Gordon is a Fellow of the Chartered Institute of Arbitrators. He accepts arbitral appointments ad hoc and under the rules of the main institutions (including ICC, LCIA, ICSID, KLRCA, SIAC, SCC, LMAA, ARIAS and GAFTA). He is also a CEDR accredited mediator.

He is able to work in fluent French.

“Superb legal resource” - Chambers & Partners

Specialisations: 

  • Commercial Litigation and Arbitration
  • Energy, Natural Resources and Environment
  • EU and Competition Law
  • Maritime, Rail and Aviation
  • PIL, Investment Treaties and Human Rights
  • Regulation, Public Law and Parliamentary

Specialisations: 

Commercial Litigation and Arbitration

Immensely intellectual and has the ability to think through legal arguments and advise commercially”  Chambers & Partners

Institutional and ad hoc arbitration – appearing as counsel/acting as arbitrator in a wide range of commercial claims; bringing and defending enforcement, set-aside and annulment proceedings. Appointments accepted under the rules of all the major institutions (including ICC, LCIA, ICSID, KLRCA, SIAC, SCC, LMAA, ARIAS and GAFTA).

Commercial litigation – appearing in the English courts in high-value commercial disputes; claims by and against public sector bodies; professional negligence claims; civil fraud and misrepresentation; disclosure and privilege issues; anti-suit and freezing injunctions; sanctions issues.

Energy, natural resources and utilities – disputes about funding, construction and performance of major projects, including offshore petroleum and renewables; marine plant, engineering and servicing; licensing, concession and JOA/JV disputes; petroleum exploration and production; power purchase and repricing; technical disputes about generation and transmission plant; grid connection and management issues; supply chain disputes; State subsidy and support schemes, including statutory arbitration; end-of-life and decommissioning issues.

Investment treaties and sovereign claims – disputes under contracts and concessions awarded by government entities; inter-State and investment treaty claims; jurisdiction, enforcement and sovereign immunity issues; judicial review and administrative law disputes.

Insurance and financial services – Insurance/reinsurance disputes in the London market and elsewhere; regulatory disputes in the insurance sector; claims against regulatory bodies; challenges to regulators’ immunity from suit.

Property and development – disputes about development of land including option agreements, funding arrangements, development management and enforcement, taxation and levies on development. 

International transport and carriage of goods – contract claims and international trade disputes about maritime, rail and road transport services; environmental impacts of maritime and aviation operations.

Infrastructure, engineering and construction – shipbuilding disputes; claims relating to funding, development and construction of linear infrastructure; defective plant and equipment; consultancy services and professional negligence; liability on project termination.

Procurement and public/private partnerships – contracting authority duties and procedures; disputes under framework agreements; anti-corruption issues; direct award/extension of contracts; shareholder and equivalent claims between JV partners; EU and public law issues in outsourcing.

Private international law and jurisdictional disputes – intra-EU disputes, including Judgments Regulation/Lugano Convention issues; intra-ASEAN and intra-OHADA claims; resolving appropriate forum and governing law.

Competition and market regulation – anti-trust, service concession, State aid and pricing issues, including re-openers and follow-on damages claims; damages claims against regulatory bodies; group and consumer claims; advising public bodies on legislation in regulated markets including utilities, telecoms, financial and legal services.

Confidential information and IP – claims for misuse of confidential information; licensing/manufacturing agreements in the energy and engineering sectors.

ADR – mediation and conciliation of a range of disputes including commercial, public sector and public international law.  Adjudication, dispute board and expert determination cases.

 

Major cases and instructions:

  • Infrastructure funding – dispute re. public/private financial arrangements for transport scheme (2017).
  • Shipbuilding framework agreement – advising on governmental framework agreement for procurement and construction of vessels (2016).
  • A v. State B – prospective Energy Charter Treaty claim against EU Member State (petroleum E&P).
  • Institutional arbitration (Asia) – power purchase agreement (award 2016).
  • C v. State D – prospective Energy Charter Treaty claim against EU Member State (offshore renewables).
  • PFI Dispute Board – appointed to dispute resolution panel for waste management Private Finance Initiative project (2016).
  • ICC Arbitration (Europe) – solar energy projects (award 2016).
  • Merong Mahawangsa v. Sharyl Eskay Malaysian Federal Court (2015) – public policy and infrastructure contract secured through influence-trading.
  • Waste Management Contract – dispute (English arbitration clause) re validity of incentive payment provisions (2015).
  • Bondholder dispute involving Chinese and other parties, Singapore High Court (2014).
  • Mediation under the OECD Guidelines for Multinational Enterprises - petroleum exploration in environmentally sensitive African location (2014).
  • Appointed expert determiner in Asian cross-border contract dispute about offshore petroleum plant (2014).
  • R (A) v. Chief Constable of C [2014] 1 WLR 2776 – fairness obligation in procurement of services with sercurity implications.
  • Multijurisdictional dispute – energy project funding in the PRC, Singapore arbitration/London litigation clauses (2014).
  • Intra-EU claim for economic torts against State officials – application of Brussels I regulation to cross-border damages claim based on bad faith (2014).
  • Data centre service agreement – dispute about terms of occupancy (2013).
  • Electronic Communications Code – landowner's claim against utility undertaker (2013).
  • Utility dispute under ad hoc arbitration clause (England) – allocation of cost for reservoir construction (2013).
  • X v. Y County Council – statutory arbitration in the former Lands Tribual re. interim payment of compensation for compulsory acquisition of land (2009).
  • The Lloyd’s litigation: Poole & others v HM Treasury (CA) [2007] 2 CLC 727; Society of Lloyd's v Laws (CA) [2003] EWCA Civ 1887; Society of Lloyd's v Jaffray (CA) [2002] All ER (D) 399.

 

Publications and presentations:

  • Panellist at ICC UK Arbitration Conference, 2016 – Arbitration implications of Brexit.
  • Interview with Korean Construction Daily on implications for Korean businesses of recent developments in English Commercial Law.
  • Arbitration and insolvency: Who holds the trump card? – presentation on arbitrability of minority shareholder claims, Singapore (2016).
  • Intra-EU Claims under the Energy Charter Treaty – presentation and joint article, 2016.
  • Is the CMA addressing the right problem?Article in Petroleum Review re UK energy market regulation, July 2016.
  • Panellist at joint practitioner/academic seminars on foreign investment in China (Bingham Centre, 2016).
  • Presentation to Korean in-house counsel on liquidated damages and penalties following Cavendish v. Makdesi (2016).
  • Investment Treaty Arbitration in Asia: What’s Happening? – presentation (attached below) to KLRCA, Malaysia, 2015.
  • Dispute resolution implications of UK EU Referendum – panellist/contributor at various events and a principal author of the Bar Council Referendum Papers (2016).
  • Introduction to Investment Treaty Arbitration – presentation to Singapore Institute of Arbitrators, 2014.
  • Renewable Energy and ADR – presentation to Chartered Institute of Arbitrators, London, 2014.
  • Contributor, Arbitration in England and Germany, Bar Council/DAV seminar, Hamburg, 2013.

 

Energy, Natural Resources and Environment

“Absolutely brilliant; quick to master the facts” – Legal 500

Litigation and arbitration – appearing as counsel/acting as arbitrator in claims involving the energy and utilities sectors; bringing and defending enforcement, set-aside and annulment proceedings. Emergency relief and anti-suit injunctions. Appointments accepted under the rules of all the major institutions. Appearing in the English and EU courts in complex disputes including contract cases, claims by and against public bodies, professional negligence and other tort claims. Handling disclosure and privilege issues. Handling cross-border jurisdiction and choice of law issues in intra-EU, intra-ASEAN and intra-OHADA claims.

Major project disputes – construction and financing of major projects in Europe and Asia; allocation of consenting and funding risk; contractual liability and protection of confidential information on project termination.

Upstream oil & gas – licensing, concession and JOA/JV disputes; petroleum exploration and production; supply chain disputes; contractual liability in M&A transactions.

Offshore installations – marine plant, engineering and servicing; pipeline, marine cable and interconnector issues; expert determinations; end-of-life and decommissioning.

Downstream energy and utilities – State subsidy and support schemes including the UK Renewables Obligation, contracts for difference and capacity market; petroleum transportation and trading (including LNG); grid connection and management issues; power purchase agreements; repricing/re-opener disputes; technical disputes about generation and transmission plant including gas/steam turbine plant, switchgear, liability for outages; IP licensing and manufacturing agreements.

Investment treaties and sovereign claims – inter-State and investment treaty disputes including Energy Charter Treaty claims; claims disputes under contracts and concessions awarded by government entities; jurisdiction, enforcement and sovereign immunity issues; judicial review and administrative law disputes.

Energy markets – energy market reform and regulation; competition, anti-trust and pricing issues in the utility sector; public service obligations of EU energy suppliers; EU emissions trading scheme - sale and purchase of traded instruments.

Environmental impacts of energy projects – assessment and mitigation of turbine noise, including validity of monitoring and mitigation requirements; carbon capture and storage; regulation of shale gas extraction; interpretation and lawfulness of consenting policies for renewable energy schemes; adequacy of reasons for consenting decisions; application of EU environmental impact assessment and biodiversity legislation including the Habitats Directive, Birds Directive and Environmental Liability Directive; application of EU waste and pollution law (Waste Framework, Landfill, Water Framework and Groundwater Directives) to petroleum waste including produced water.

Environmental regulation and enforcement – advising and appearing in regulatory appeals and enforcement proceedings; public law issues including adequacy of reasons for decisions, interpretation and lawfulness of consenting policies.

EU and international environmental law – Environmental Impact Assessment of energy and infrastructure projects in EU Member States, Asia and Africa; application of biodiversity legislation including the Habitats Directive, Birds Directive and Environmental Liability Directive; application of EU waste and pollution law (Waste Framework, Landfill, Water Framework and Groundwater Directives) to various sectors including extractive industries, manufacturing, petroleum and sewerage/sanitation; environmental human rights issues.

Shipping, aviation and ports – transboundary waste and fuel shipment; OSPAR and Bunker Convention issues; environmental impacts of coastal and estuarine shipping; application of EU Habitats Directive to extension and construction of passenger and freight port facilities; environmental impacts of airport development and airspace regulation.

Nuclear power – reactor design and safety issues including Euratom safety regime.

Extractive industries – grant and review of dredging and mining consents; application of EU waste legislation to spoil and by-products.

Water resources – discharge and abstraction consenting; water resources management; regulation of water utility undertakers; EU groundwater and waste legislation; toxic tort and pollution claims; flood defence issues affecting coastal waters and navigable waterways.

Property and development – environmental issues arising out of land development including liability for historic contamination, environmental due diligence, impact of development on protected habitats and species, impacts on built heritage.

ADR – mediation and conciliation of a range of energy and utility disputes including commercial contracts and public international law. Adjudication, dispute board and expert determination cases.

 

Major cases and instructions:

  • Airports XXX and YYY – disputes about environmental impacts of changes to departure arrangements (2016-17).
  • UK Renewables Obligation Scheme – advising on impact of early closure of scheme on onshore renewables projects (2016).
  • EU Renewable Energy Directive – advising on Commission proposal for replacement Directive (2016).
  • A v. State B – prospective Energy Charter Treaty claim against EU Member State (petroleum E&P).
  • Institutional arbitration (Asia) – power purchase agreement (award 2016).
  • C v. State D – prospective Energy Charter Treaty claim against EU Member State (offshore renewables).
  • ICC arbitration (Europe) – solar energy projects (award 2016).
  • R (Barraud) v. Civil Aviation Authority (2015) – consultation requirements in relation to environmental effects of change in arrivals pattern.
  • Powys County Council v. the Welsh Ministers and RES Developments (UK and Ireland) Ltd [2015] EWHC 3284 (Admin) – adequacy of turbine decommissioning arrangements; devolution issues in relation to policies on renewable energy consenting.
  • Water Resources Management Plan Inquiry, South East Water (2010).
  • Mediation under the OECD Guidelines for Multinational Enterprises – petroleum exploration in environmentally sensitive African location (2014)
  • Wind Prospect Developments Ltd v. SSCLG [2014] EWHC 4041 (Admin) – duty to give reasons where decision-maker rejects professional opinion re impacts of onshore wind project.
  • R (Hulme) v. West Devon BC and RES [2014] EWHC 3937 (Admin) – amplitude modulation of turbine noise.
  • Multijurisdictional dispute – energy project funding in the PRC, Singapore arbitration/London litigation clauses (2014).
  • Barnwell Manor Wind Energy Ltd v. English Heritage and others [2014] 1 P&CR 22, CA – seminal authority on heritage impacts of onshore wind projects.
  • Utility dispute under ad hoc arbitration clause (England) -- allocation of cost for reservoir construction (2013).
  • R (RWE Npower Renewables Limited) v. Milton Keynes Council [2013] EWHC 751 (Admin) – lawfulness of separation distances for onshore wind.
  • R (Manchester Ship Canal Co and another) v. Environment Agency [2013] JPL 1406, CA – canal flood defences.
  • R (Walker) v. Secretary of State for Energy and Climate Change [2013] EWHC 2048 – approval of reactor type under Euratom Basic Safety Directive.
  • Y Ltd - compatibility of hazardous waste proposals with EU waste and groundwater legistlation.
  • RWE Npower Renewables Ltd v the Welsh Ministers (QBD) [2012] EWCA Civ 311 – impact of development on natural habitat.
  • R (Baird) v. Environment Agency [2011] EWHC 939 – coastal flood defences – consultation.
  • R. (Akester) v. DEFRA and Wightlink Ltd [2010] Env LR 33 – 33 erosion to protected habitat from estuarine shipping operations.
  • UK National Policy Statement on port development – Advising on compatibility of policy with Habitats Directive (2010).
  • R. (Lewis) v. Redcar and Cleveland BC [2009] 1 WLR 83, CA – local authority decision-making under Habitats Directive.
  • X and Trustees for Y v. British Waterways Board (2008) – claim under Canal Act for damage to fishery from navigation operations.
  • Compensation liability for revocation of extractive consents – advising on potential ECHR claim where mining consent reviews on environment grounds (2008).
  • Merrett v. Severn Trent Water, TCC (2004) – claim for damage to fishery from sewage deposition.
  • Compatability of agricultural practices with Waste Framework Directive (2003) – advising Member State on lawfulness of permitting certain practices involving agricultural waste.

 

Publications and presentations:

  • Member of Editorial Board, International Energy Law Review.
  • Intra-EU Claims under the Energy Charter Treaty – presentation and joint article, 2016.
  • Is the CMA addressing the right problem? – Article in Petroleum Review re UK energy market regulation, July 2016.
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
  • Renewable Energy and ADR – presentation to Chartered Institute of Arbitrators, London, 2014.
  • Turbines, heritage assets and merits: a change in the wind, Lexology, 2014.
  • Panellist at IBA Annual Conference 2013 Environment Committee session on disputes about consents for renewable energy projects.
  • The Habitats Directive: regeneration and development risks (Brownfield Briefing, 2014).
  • Contributor to Burnett-Hall & Jones Environmental Law (3rd ed, 2012).
  • Lexology December 2012 – "Combined Sewage Overflows: the UK in deep water at Luxembourg".
EU and Competition Law

He’s extremely approachable and is willing to discuss matters with the client.” Chambers & Partners

EU energy law and policy – advising on funding and policy support for renewables under EU law; cross-border interconnection issues; application of EU environmental and biodiversity legislation; end-of-life and decommissioning issues under EU law; EU emissions trading scheme.

Cross-border transport and free movement of goods – cabotage and temporary service provision rights for cross-border goods vehicle operators; goods and passenger vehicle operators’ obligations in relation to competition and safety; franchising, procurement and State aid in the maritime and rail transport sectors.

Competition and State aid – UK, EU and Asian disputes about anti-trust, service concession, State aid and pricing issues in the energy, utilities, transport and automotive sectors; bringing and defending Francovich and other damages claims against regulatory bodies; advising trade organisations and governmental bodies on policy and legislative proposals in regulated markets.

Brexit – advising businesses, trade organisations and public bodies on implications of Brexit, transitional arrangements and future trade implications. Member of various advisory and sector groups including the ICC Brexit Advisory Group and the DBEIS Mutual Market Access Working Group. Vice-Chair of Bar Council Brexit Working Group.

Jurisdiction, judgments and choice of law – cross-border claims, including Judgments Regulation/Lugano Convention issues; resolving appropriate forum and governing law; claims involving parties domiciled in European offshore jurisdictions.

Procurement and public/private partnerships – contracting authority duties and procedures; disputes under framework agreements; anti-corruption issues; engineering and construction claims; direct award/extension of public contracts; shareholder and equivalent claims between JV partners; EU and public law issues in outsourcing.

EU environmental law – environmental impact assessment; environmental impacts of maritime operations under EU and international instruments; environmental impacts of petroleum E&P operations; disposal and transboundary shipment of waste and petroleum by-products; cross-border tort claims for environmental damage; compatibility of development and industrial operations with EU waste and biodiversity legislation.

Investment treaties and sovereign claims – handling State aid, REIO and intra-EU issues in investment treaty disputes; jurisdiction, enforcement and sovereign immunity issues.

Insurance, financial services and consumer law – advice and drafting on implementation of the Non-Life Directives; challenges to regulator’s immunity from suit; group claims for non-implementation; advising on claims under the Timeshare Directives; advice and drafting on successive EU contract and consumer law proposals including the Digital Single Market package

Privacy and data protection – civil claims and regulatory disputes under EU and ECHR law on confidential information, data protection, surveillance and interception.

European public affairs – drafting and advocacy at all stages of the legislative process; acting as expert in proposals on data protection, e-commerce, and regulated markets including energy and transport.

 

Major cases and instructions:

  • Military hardware – advising on EU procurement and State aid issues in relation to long-term contracts for high-value materiel (2016).
  • EU Renewable Energy Directive – advising on Commission proposal for replacement Directive (2016).
  • Scottish island ferry services – advising on procurement and State aid issues under the EU Maritime Cabotage Regulation (2015).
  • EU Fourth Rail Package – advising rail industry players on draft Governance Directive and Passenger Service Operators Regulation; contributing to expert round table on the proposals (2015).
  • Intra-EU claim for economic torts against State officials (2014) – application of Brussels I Regulation to cross-border damages claim for misconduct in public office.
  • R (RMT, TSSA and ASLEF) v. Secretary of State for Transport (2014) – award of rail contracts without public tenders – compatibility with EU Rail Regulation (EC) 1370/2007.
  • EU Automotive Directives – advising on compatibility of reforms to Member State competent authority with the Directives, general principles of EU law and ECHR (2013).
  • EU Third Energy Package – advising on compatibility of proposed energy market reforms with Public Service Obligation provisions of Directives 2009/72/EC and 2009/73/EC (2013).
  • R (Walker) v. Secretary of State for Energy and Climate Change [2013] EWHC 2-48 (Admin) – approvals for civil nuclear reactors under Basic Safety Standards Directive 96/29/EURATOM.
  • X Ltd – advising on application of Pressetext principle to alteration of functions of quasi-public dispute-resolution institution (2013).
  • Nolan Transport v. Secretary of State [2012] UKUT 221 (AAC) – carriage of goods by road – cabotage rules under Directive 92/106/EEC.
  • Y Ltd – compatibility of hazardous waste proposals with EU waste and groundwater legislation (2012).
  • Wright v Vehicle and Operator Services Agency (QBD) [2011] R7R 35 – interpretation of EU Passenger Transport Regulation.
  • R. (Akester) v. DEFRA and Wightlink Ltd [2010] Env LR 33 – erosion to protected habitat arising from estuarine shipping operations.
  • UK National Policy Statement on port development - Advising on compatibility of policy with Habitats Directive (2010).
  • Poole & others v HM Treasury (CA) [2007] 2 CLC 727 – Francovich damages claim by investors for failure to implement the First Non-Life Directive in the Lloyd’s market.
  • R (Stone) v South East Coast Strategic Health Authority (QBD) [2006] EWHC 1668 (Admin) – Data Protection Directive issues concerning publication of medical information as part of inquiry report.
  • Compatibility of agricultural practices with Waste Framework Directive (2003) – advising Member State on lawfulness of permitting certain practices involving agricultural waste.

Publications and presentations:

  • Won’t you stay another day? – joint analysis of UK Supreme Court decision in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5.
  • Apple, State aid and EU competence: were the Brexiteers right? – 20 Essex Street Bulletin (2016).
  • Dispute resolution implications of UK EU Referendum -- panellist/contributor at various events including ICC UK Arbitration Conference, 2016; a principal author of the Bar Council Referendum Papers.
  • Intra-EU Claims under the Energy Charter Treaty – presentation and joint article, 2016.
  • Is the CMA addressing the right problem? – Article in Petroleum Review re competition regulation in the UK energy market, July 2016.
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
  • Procurement and construction: What’s new? Presentation on the 2014 EU Procurement Directives for Hill International/Chartered Institute of Building (2015).
  • US Access to Cloud Data: the Human Rights dimension – presentation at CPDP, Brussels, 2013 – compatibility of US FISAA legislation with the EU Charter of Fundamental Rights and the data protection regime.
  • The Habitats Directive: regeneration and development risks, Brownfield Briefing, (2014).
  • Contributor on EU and ECHR issues to Burnett-Hall & Jones Environmental Law (3rd ed, 2012).
  • “Combined Sewage Overflows: the UK in deep water at Luxembourg”, Lexology, (December 2012). 
  • “Levelling up: Data Privacy and the European Court of Human Rights”, Data Protection in a Profiled World, Gutwirth et al, Springer 2010.
Maritime, Rail and Aviation

"He is always accessible and very hard-working."  Chambers & Partners

Litigation and arbitration – appearing as counsel/acting as arbitrator in claims involving the maritime, land and air transport sectors; bringing and defending enforcement, set-aside and annulment proceedings. Emergency relief and anti-suit injunctions.  Appointments accepted under the rules of all the major institutions. Appearing in the English and EU courts in complex disputes including contract cases, claims by and against public bodies, international trade and free movement of goods and services. Handling disclosure and privilege issues.

Investment treaties and sovereign claims – disputes under contracts and concessions awarded by government entities; inter-State and investment treaty claims; jurisdiction, enforcement and sovereign immunity issues; judicial review and administrative law disputes.

Shipbuilding and infrastructure – shipbuilding disputes; claims relating to funding and construction of port facilities and linear infrastructure in Europe, Asia and elsewhere; Parliamentary and governmental consenting processes; claims for defective plant and equipment; anti-corruption issues in contract award; allocation of consenting and funding risk; consultancy services and professional negligence; contractual liability and protection of confidential information on project termination.

Rail industry contracting and regulation – passenger rail franchising disputes including tendering procedures, termination of franchises and franchising exercises, direct awards/extensions and competent authority obligations; public service contracts under EU law; advice and drafting on regulatory rules; access, compensation and freight transfer disputes including UK ADC and Network Code procedures; advising on EU legislation and proposals; joint venture disputes.

Tram and light rail – public consenting procedures; PPP/PFI contract disputes.

Cross-border transport and free movement of goods and services – cabotage and temporary service provision rights for cross-border goods vehicle operators; vehicle operators’ obligations in relation to competition and safety; franchising, procurement and State aid issues.

Shipping operations and port development – transboundary waste and fuel shipment; off-spec cargoes; OSPAR and Bunker Convention issues; environmental impacts of coastal and estuarine shipping; application of EU Habitats Directive to extension and construction of passenger and freight port facilities; EU maritime cabotage rules and public service contracts for passenger services.

Aviation – advising and appearing in disputes about environmental impacts of airport development and airspace regulation.

Navigable waterways – waterways maintenance and management disputes; liability and funding issues in relation to flood defence; control structures and flood defences on navigable waterways.

ADR – mediation and conciliation of a range of transport and infrastructure disputes including commercial contracts, environmental impacts and public international law.  Adjudication, dispute board and expert determination cases.

 

Major cases and instructions:

  • Infrastructure funding – dispute re. public/private financial arrangements for transport scheme (2017).
  • Airports XXX and YYY – disputes about environmental impacts of changes to departure arrangements (2016-17).
  • Shipbuilding framework agreement – advising on governmental framework agreement for procurement and construction of vessels (2016).
  • Scottish island ferry services – advising on procurement and State aid issues under the EU Maritime Cabotage Regulation (2015).
  • EU Fourth Rail Package – advising rail industry players on draft Governance Directive and Passenger Service Operators Regulation (2015).
  • Merong Mahawangsa v. Sharyl Eskay Malaysian Federal Court (2015) – public policy and infrastructure contract secured through influence-trading.
  • R (Barraud) v. Civil Aviation Authority (2015) – consultation requirements in relation to environmental effects of change in arrivals pattern.
  • R (RMT, TSSA and ASLEF) v. Secretary of State for Transport (2014) – award of rail contracts without public tenders – compatibility with EU Rail Regulation (EC) 1370/2007.
  • R (Manchester Ship Canal Co and another) v. Environment Agency [2013] JPL 1406, CA – status of control structures on navigable waterway.
  • EU Automotive Directives – advising on compatibility of reforms to Member State competent authority with the Directives, general principles of EU law and ECHR (2013).
  • Nolan Transport v. Secretary of State [2012] UKUT 221 (AAC) – carriage of goods – cabotage rules under Directive 92/106/EEC.
  • Wright v Vehicle and Operator Services Agency (QBD) [2011] R7R 35 – interpretation of EU Passenger Transport Regulation.
  • R. (Akester) v. DEFRA and Wightlink Ltd [2010] Env LR 33 – erosion to protected habitat arising from estuarine shipping operations.
  • UK National Policy Statement on port development – advising on compatibility of policy with Habitats Directive (2010).
  • X and Trustees of Y v. British Waterways Board (2008) – claim under canal Act for damage to fishery from navigation operations.
  • M. urban metro extension – advising on scope of authorising instrument (2008).

 

Publications and presentations:

  • Implications of UK EU Referendum – panellist/contributor at various events including ICC UK Arbitration Conference, 2016; a principal author of the Bar Council Referendum Papers.
  • Contributor at European Parliament expert round table on EU 4th Rail Package proposals (2015).
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
PIL, Investment Treaties and Human Rights

He explains complex issues in an easily digestible manner.” Legal 500

Investment treaty advice and disputes – advice on structuring deals and investments; arbitral claims under bilateral and multilateral investment treaties including the Energy Charter Treaty. Advising on liability, quantum of compensation, interim measures, annulment/set-aside proceedings and enforcement. Advising on procedural issues including parallel domestic proceedings and “fork-in-the-road” issues. Arbitral appointments accepted under ICSID, SCC and other major institutional rules and ad hoc.

Expropriation and compensation claims – advice and advocacy in claims for expropriation and property damage under host State constitutional law and international instruments including the European Convention on Human Rights.

International human rights law and corporate social responsibility – advising and appearing in claims before regional human rights bodies including the European Court of Human Rights; acting in disputes under “soft law” instruments including the UN Guiding on Business and Human Rights and OECD Guidelines for Multinational Enterprises; advising on modern slavery issues including supply chain due diligence; cross-border transparency and anti-corruption issues; advising on historic abuses by colonial and occupying forces; fair trail rights; claims under the EU Charter of Fundamental Rights.

International and EU environmental law – environmental impact assessment in international law; environmental impacts of maritime operations under EU and international instruments including the OSPAR and Bunker Conventions; environmental impacts of petroleum E&P operations; cross-border tort claims for environmental damage; compatibility of development and industrial operations with EU waste, biodiversity and EIA legislation.

Privacy and data protection – claims under EU and ECHR law about confidential information, data protection, surveillance and interception, including proceedings in the UK Investigatory Powers Tribunal.

Treaty drafting and constitutional co-operation programmes – advice and assistance to governments and international organisations on preparation of international instruments in the fields of trade and investment, life sciences, data privacy, environmental protection and human rights; assisting in co-operation programmes on constitutional reform and human rights legislation.

 

Major cases and instructions:

  • A v. State B – prospective Energy Charter Treaty claim and parallel domestic proceedings against EU Member State (petroleum E&P).
  • UK Modern Slavery Act 2015 – advising Japanese corporation on compliance with supply chain transparency duty (2015); previously member of legal steering group assisting Parliamentarians on the Modern Slavery Bill.
  • Merong Mahawangsa v. Sharyl Eskay Malaysian Federal Court (2015) – use of international anti-corruption conventions in determining whether public policy prohibits recovery of fee for influence-trading.
  • C v. State D – prospective Energy Charter Treaty claim against EU Member State (offshore renewables).
  • EU Data Protection Package – led the English Bar Council’s response to the proposal for the General Data Protection Regulation and replacement Directive.
  • Mediation under the OECD Guidelines for Multinational Enterprises re petroleum exploration in an environmentally sensitive location (Africa, 2014).
  • Big Brother Watch and Others v. UK 58170/13, ECtHR – advising on prospective intervention in pending ECHR Article 8 claim relating to mass interception of communications.
  • R (C) v. Commissioner of Police for the Metropolis [2012] 1 WLR 3007 – ECHR Article 8 compatibilty of blanket policy of retaining custody photographs.
  • Paton v. Poole Borough Council, 2010, IPT sureveillance by local authority.
  • S. and Marper v. UK (2008) 48 EHRR 1169, ECtHR (GC): acting for intervener in proceedings re. Article 8 compatibility of English law on retention of DNA data of arrested persons.
  • Liberty and others v. UK (2008) 48 EHRR 1, ECtHR – telecommunications – Article 8 compatibility of powers to intercept international calls.
  • R (Stone) v South East Coast Strategic Health Authority (QBD) [2006] EWHC 1668 (Admin) – lawfulness of publication of confidential medical information as part of inquiry report.
  • Plümecke and others v. Germany, ECtHR (2006) – ex-DDR expropriation claims.
  • R (West) v Society of Lloyd's [2004] EWCA Civ 506 – whether "private" regulator a public authority for the purpose of ECHR claim under Human Rights Act 1998.
  • Society of Lloyd's v Laws [2003] EWCA Civ 1887 and Law & others v. UK ECtHR (2005) – ECHR Article 6 compatibility of financial regulator's immunity from suit.
  • R (Alconbury Developments) v SSETR (HL) [2001] 2 WLR 1389 – leading UK case on compatibility of ministerial decision-making with ECHR Article 6.
  • R v Director of Public Prosecutions ex parte Kebilene (HL) [1999] 3 WLR 972 – retrospective effect of Human Rights Act 1998 in relation to criminal proceedings.

 

Publications and presentations:

  • Won’t you stay another day? – joint analysis of UK Supreme Court decision in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 – implications for conduct of foreign affairs.
  • Intra-EU Claims under the Energy Charter Treaty – presentation and joint article, 2016.
  • Panellist at joint practitioner/academic seminars on foreign investment in China (Bingham Centre, 2016).
  • Investment Treaty Arbitration in Asia: What’s Happening? – presentation (attached below) to KLRCA, Malaysia, 2015.
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
  • Introduction to Investment Treaty Arbitration – presentation to Singapore Institute of Arbitrators, 2014.
  • Contributor on EU and ECHR issues to Burnett-Hall & Jones Environmental Law (3rd ed. 2012).
  • Habeas Corpus: A Human Rights Lawyer’s Perspective – presentation to lawyers and officials in Uzbekistan as part of the joint EU/Venice Commission Rule of Law programme.
  • Levelling up: Data Privacy and the European Court of Human Rights” in Data Protection in a Profiled World, Gutwirth et al, Springer 2010.
  • Visiting course tutor on human rigts law to UK National School of Government 2000-2010.
Regulation, Public Law and Parliamentary

His written opinions are very good, easy to read, and explained very well. He’s very much prepared to talk to you and deal with any queries” Chambers & Partners

Constitutional law and judicial review – appearing in judicial review proceedings in the UK and EU; advising on regulatory and public law issues across Europe and Asia; advising and appearing in cases on legislative competence, Parliamentary procedure and UK devolution issues; enforcement of treaty obligations in domestic law of the UK and other dualist systems; statutory interpretation; bias and similar issues in regulatory decision-making.

Parliamentary Drafting and Handling – as a former member of the UK Parliamentary Counsel Office, Gordon is one of a small number of practising barristers regularly undertaking specialist public Bill work in the UK Parliament, devolved assemblies, and common law legislatures worldwide. Gordon also undertakes drafting and advisory work on EU legislation and international instruments. His expertise in the legislative process sees him frequently instructed in litigation and arbitration raising difficult or novel questions of statutory interpretation.

Energy and utilities – EU and domestic energy market regulation; utility licensing and pricing; grid connection and charging; sectoral competition issues; judicial review claims involving energy project consenting policies and decisions; renewable energy support schemes; environmental impacts of energy projects including assessment and mitigation of turbine noise, impact of offshore installations on aquatic/coastal habitats and migratory species; end-of-life and decommissioning requirements; regulation of shale gas extraction.

Infrastructure and development consenting – advice and advocacy in inquiries, statutory challenges and judicial review proceedings in relation to transport infrastructure, water resources, port development and other land uses; airport development and airspace regulation.

Environmental regulation and enforcement – public law disputes involving EU environmental and biodiversity legislation; advising and appearing in regulatory appeals and enforcement proceedings; appearing in challenges involving adequacy of reasons for decisions, interpretation and lawfulness of environmental and consenting. policies.

Procurement, contracting and public/private partnerships – contracting authority duties and procedures; anti-corruption issues; direct award/extension of contracts; vires and regulatory issues in relation to outsourcing, public contracts and project finance.

Insurance, financial and professional services – regulatory disputes in the insurance sector; claims against regulatory bodies; advice and drafting for public bodies on professional and regulatory rules, guidance and enforcement procedures; disciplinary proceedings in the financial and legal services sectors.

Regulatory rule-making – advice and drafting for public bodies on professional and regulatory rules, guidance and enforcement procedures.

Public law ADR – mediation and conciliation of a range of public law and regulatory disputes.

 

Major cases and instructions:

  • Airports XXX and YYY – disputes about environmental impacts of changes to departure arrangements (2016-17).
  • UK High Speed 2 – advising interested party on Hybrid Bill for high-speed rail line (2016).
  • Scottish island ferry services – advising on procurement and State aid issues under the EU Maritime Cabotage Regulation (2015).
  • EU Forth Rail Package – advising rail industry players on draft Governance Directive and Passenger Service Operators Regulation (2015).
  • Merong Mahawangsa v. Sharyl Eskay Malaysian Federal Court (2015) – public policy and infrastructure contract secured through influence-trading.
  • R (Barraud) v. Civil Aviation Authority (2015) – consultation requirements in relation to environmental effects of change in arrivals pattern.
  • Powys County Council v. the Welsh Ministers and RES Developments (UK and Ireland) Ltd [2015] EWHC 3284 (Admin) – impact of devolution settlement on legal relevance of UK Government policies on renewable energy consents.
  • UK Modern Slavery Act 2015 – advising Japanese corporation on compliance with supply chain transparency duty (2015); previously member of legal steering group assisting Parliamentarians on the Modern Slavery Bill.
  • Wind Prospect Developments Ltd v. SSCLG [2014] EWHC 4041 (Admin) – decision-maker’s duty to give reasons for rejecting professional opinion.
  • R (RMT, TSSA and ASLEF) v. Secretary of State for Transport (2014) – rail franchising: consultation requirements and lawfulness of direct award.
  • R (A) v. Chief Constable of C [2014] 1 WLR 2776 – vetting of police authority contractor.
  • X Ltd – advising on EU procurement obligations of quasi-public dispute-resolution institution (2013).
  • R (RWE Npower Renewables Limited) v. Milton Keynes Council [2013] EWHC 751 (Admin) – lawfulness of consenting policy in relation to onshore wind energy.
  • R (Manchester Ship Canal Co and another) v. Environment Agency [2013] JPL 1406, CA – environmental regulator’s interpretation of policy on flood defences.
  • R (Walker) v. Secretary of State for Energy and Climate Change [2013] EWHC 2048 – approval of reactor type under Euratom Basic Safety Directive.
  • UK Energy Policy – advising on political party’s proposals for UK energy market reform (2013).
  • Nolan Transport v. Secretary of State [2012] UKUT 221 (AAC) – EU road haulage services – cabotage and temporary service provision.
  • Leveson Inquiry into the Culture, Practice and Ethics of the Press – advice and drafting for an interested party on implementation of the Leveson Report proposals (2012).
  • Wright v Vehicle and Operator Services Agency (QBD) [2011] R7R 35 – EU passenger transport Regulation.
  • R (Baird) v. Environment Agency [2011] EWHC 939 – extent of decision-maker’s re-consultation obligation where proposals change following initial consultation.
  • Scott Baker review of European Arrest Warrant arrangements – pro bono drafting and advice for Fair Trials International – proposed amendments to Extradition Act 2003 and European Framework Decision in support of submission to Sir Scott Baker’s review.
  • Renewable energy industry – Acting for Renewable UK and independent generators on a series of UK Bills including the Planning Act 2008, Energy Act 2008, Localism Bill 2010.
  • Employments rights – Drafting a succession of private Members Bills for consortia of trades unions and other sponsors of collective and individual employment rights: Trade Union Rights and Freedoms Bill 2007, Personal Injury (Asbestos-related Conditions) Bill 2008, Private Equity (Transfer of Undertakings and Protection of Employment) Bill 2008, Lawful Industrial Action (Minor Errors) Bill 2010.
  • R. Lewis v. Redcar and Cleveland BC [2009] 1 WLR 83, CA – application of rules against bias and predetermination to local authority decision-making.
  • M. urban metro extension – advising on scope of authorising instrument (2008).
  • R (Jackson) v Attorney-General (HL) [2006] 1 AC 262 – validity of legislation enacted under Parliament Acts 1911-1949
  • Legislative drafting panels – former member of Non-Executive Bill Drafting Panel of the Scottish Parliament; prepared Organic Farming Targets (Scotland) Bill and Gaelic Language (Scotland) Bill; former member of Remote Legislative Drafters panel for the Falkland Islands Government.
  • Hunting with dogs – Acted on behalf of animal welfare charities throughout the lengthy legislative process in the Westminster and Scottish Parliaments. Drafted series of private Members’ Bills and amendments to government legislation; appeared at hearings and inquiries including the Burns Inquiry and the Justice & Home Affairs Committee of the Scottish Parliament.

 

Publications and presentations:

  • Won’t you stay another day? – joint analysis of UK Supreme Court decision in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5.
  • Is the CMA addressing the right problem? – article in Petroleum Review re UK energy market regulation, July 2016.
  • Panellist All Party Parliamentary Group on Legal Affairs seminar on legislative implications of UK EU Referendum (2016).
  • Contributor at European Parliament expert round table on EU 4th Rail Package proposals (2015).
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
  • Turbines, heritage assets and merits: a change in the wind, Lexology, 2014.
  • Contributor at European Commission expert meeting on reform of the (former) Data Retention Directive (2010).
  • Numerous seminars and lectures on judicial review procedure and human rights damages claims.
  • Member of Editorial Board, International Journal of Legislative Drafting and Law Reform.

Education and Career: 

Appointed Queen's Counsel 2010

Called to the Bar 1995

Admitted as a solicitor 1987

Law Society Scott Scholarship 1985

Leeds University - LL.B. First Class Honours, Hughes Prizeman 1984

 

Gordon began his professional career as a commercial litigation solicitor. In the 1990s he practised public international law at the Council of Europe. He moved to the Bar from the UK Parliamentary Counsel Office where he was a member of the drafting teams for the Competition Act 1998, Human Rights Act 1998 and Financial Services and Markets Act 2000.

Gordon was a member of the Attorney-General’s panels of civil advocates from 2001 until taking silk in 2010. He served as Leader of the European Circuit of the Bar 2012-14 and Chaired the Bar Council’s EU Law Committee 2015-16. 

Since the UK’s 2016 referendum on EU membership, Gordon has worked extensively on Brexit issues affecting business and government. He serves on bodies including the ICC’s Brexit Advisory Group and the BEIS-sponsored Mutual Market Access Working Group. He is a regular contributor to professional education & training events and legal publications, joining the Editorial Board of the International Energy Law Review in 2016. He is ranked in leading directories including Legal 500 and Chambers & Partners.

Publications: 

  • Won’t you stay another day? – joint analysis of UK Supreme Court decision in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5.
  • Intra-EU Claims under the Energy Charter Treaty – presentation and joint article, 2016.
  • Is the CMA addressing the right problem? – Article in Petroleum Review re UK energy market regulation, July 2016.
  • Panellist at joint practitioner/academic seminars on foreign investment in China (Bingham Centre, 2016).
  • Investment Treaty Arbitration in Asia: What’s Happening? – presentation (attached below) to KLRCA, Malaysia, 2015.
  • Dispute-resolution implications of UK EU Referendum – panellist/contributor at various events and a principal author of the Bar Council Referendum Papers (2016).
  • Panellist at IBA Annual Conference 2015 session on transboundary shipment of off-spec petroleum cargoes.
  • Introduction to Investment Treaty Arbitration – presentation to Singapore Institute of Arbitrators, 2014.
  • Renewable Energy and ADR – presentation to Chartered Institute of Arbitrators, London, 2014.
  • Turbines, heritage assets and merits: a change in the wind, Lexology, 2014.
  • Contributor to Burnett-Hall & Jones Environmental Law (3rd ed, 2012).
  • Panellist at IBA Annual Conference 2013 Environment Committee session on disputes about consents for renewable energy projects.
  • Levelling up: Data Privacy and the European Court of Human Rights” in Data Protection in a Profiled World, Gutwirth et al, Springer 2010.

Appointments and Society Memberships: 

CIArb, ICCA, LCIA, ICC, IBA, COMBAR, European Circuit of the Bar, London Common Law and Commercial Bar Association, UK Environmental Law Association, UK State Aid Lawyers Association.

Member of the Attorney-General’s `A’ and `B’ panels of civil advocates, 2003-2010.

Leader of the European Circuit of the Bar of England and Wales, 2012 to 2014.

Chair, Bar Council EU Law Committee, 2015-16.

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KLRCA Newsletter - Jan - Mar 2016.pdf7.91 MB