Fountain Court Chambers

London & Singapore

Andrew PullenCall Date: 2016

Andrew Pullen is an experienced dispute resolution lawyer and advocate.  He practises principally in international arbitration and is based in Singapore.

Prior to joining Fountain Court Chambers, Andrew practised for 15 years as a solicitor at Allen & Overy.  He was admitted as a solicitor in England & Wales in 2002 and granted the solicitors’ higher courts (civil advocacy) qualification in 2011, before being called to the Bar of England & Wales in 2016 and taking up practice with Fountain Court in 2017.  He also holds a full registration as a registered foreign lawyer with the Singapore International Commercial Court, entitling him to appear before that court.

Andrew specialises in international arbitration, with experience of both commercial and investment treaty arbitration.  He has extensive experience of international arbitration in both Asia and Europe, having been based in Singapore (since 2011) and London (2002-2011).  He has acted for clients in Asia, Europe and South America across a variety of business sectors, including finance, energy, automotive, defence, utilities, steel, manufacturing, brewing and media.  Andrew is recommended for commercial and construction disputes in Legal 500 Asia Pacific: The English Bar 2019 and for arbitration by Chambers & Partners 2020: The English Bar in Singapore and Asia Pacific.

Andrew has acted in arbitrations held under a wide variety of arbitral rules (ICC, LCIA, SIAC, HKIAC, SCMA, SCC, JCAA, AAA, Swiss Rules, UNCITRAL, and ICSID), in London, Hong Kong, Singapore, Stockholm, The Hague, Tokyo, Washington D.C. and Zurich.  His experience includes:

  • corporate and company disputes: including joint venture disputes; post-M&A warranty claims; disputes under share purchase agreements and share option agreements; derivative and unfair prejudice claims;
  • commercial claims: including breach of contract and wrongful termination claims under distribution agreements, offtake agreements and other commercial contracts;
  • banking and finance disputes: including claims under ISDA Master Agreements, on-demand guarantees and investment agreements;
  • energy, resources and construction disputes: including disputes in the oil and gas, power and mining sectors; contractual issues relating to unsuccessful bids and negotiations; and disputes relating to variation orders and delayed construction.
  • investment protection: including acting in ICSID arbitration proceedings; advising on potential investment treaty claims; and advising on the structuring of investments to take advantage of treaty protections.

Andrew’s experience includes cases determined under a wide variety of governing laws (both civil law and common law systems) as well as under English law, and has frequently worked as co-counsel with lawyers from many jurisdictions.  He has significant experience of interim measures in arbitration (both before emergency arbitrators and tribunals) and jurisdiction issues.

In addition to acting in and appearing as advocate in arbitrations, Andrew has been appointed as arbitrator in arbitrations under the ICC and SIAC rules.  He has substantial experience of advisory work, including: pre-dispute advice to parties facing potentially contentious situations; contractual interpretation; and the design and drafting of dispute resolution provisions.  He has also acted as instructing solicitor in litigation before the English and other courts.

In order to comply with Singapore immigration and employment law, Mr Pullen is employed by and practises primarily through Andrew Pullen Law Practice Private Limited, a private limited company incorporated under the laws of Singapore.  Further information relating to this can be found here.

Recommendations

Described as “very thorough, highly intelligent, measured and always has something incisive to point out – certainly a safe pair of hands” in Chambers & Partners Asia Pacific 2020: Dispute Resolution: Arbitration: The English Bar – Singapore.

Hardworking, diligent and capable” Legal 500 Asia Pacific: The English Bar 2019 (ranked tier 1 for “Construction – leading juniors” and tier 2 for “Commercial – leading juniors”)

Listed amongst “Most Highly Regarded” in Asia-Pacific and highlighted for “extensive experience of arbitration in Asia” and a “keen understanding of the commercial dynamics of a case” Who’s Who Legal Arbitration Future Leaders 2019

The “most technically brilliant lawyer I have come across” who “has a reputation for getting the job done” Who’s Who Legal Arbitration Future Leaders 2017

A “bright, tactical thinker” Benchmark Asia Pacific 2014

Experience

Corporate and company disputes

  • Defending an international bank against claims in contract, equity and unjust enrichment concerning aborted negotiations for the sale of shares in a power company. Arbitration under ICC Rules, Singapore seat; New York, English and Singapore law.
  • Defending a Philippine manufacturing joint venture company and its majority owner against claims by a Korean joint venture partner. Arbitration under ICC Rules, Hong Kong seat; Philippine law.
  • Advising a purchaser on a potential claim for the enforcement of a share purchase agreement. SIAC Rules; Singapore seat; English law.
  • Advising an interested party in relation to an arbitration concerning the termination of a joint venture. Myanmar law.
  • Acting for a private equity purchaser in a post-acquisition claim for breach of warranties relating to an acquisition in the European pharmaceutical sector. Arbitration under Swiss Rules; Zurich seat; Swiss law.
  • Acting for an international brewing company in a dispute concerning post-completion accounts and the scope of an expert determination clause. Arbitration under LCIA Rules; London seat; English law.
  • Acting for an international media group in a joint venture dispute relating to a European Pay TV business. Arbitration under LCIA Rules, London seat; English law.

Commercial claims

  • Advising an Asian company on its defence of claims under a guarantee. Arbitration under SIAC Rules; Singapore seat; English law.
  • Defending a global technology company in the defence of a claim by a financial institution. Arbitration under UNCITRAL Rules administered by HKIAC; Hong Kong seat; Philippines law.
  • Defending a Japanese manufacturer against allegations of wrongful termination of a distribution agreement relating to Saudi Arabia. Arbitration under JCAA Rules; Tokyo seat; Japanese and Saudi law.
  • Defending a Japanese manufacturer against allegations of wrongful termination of a distribution agreement relating to India. Arbitration under SIAC Rules, Singapore seat; Japanese law.
  • Advising a maintenance contractor on protecting its rights under an aircraft engine maintenance contract and standby letters of credit in the context of payment defaults by its customer, an Asian airline. English law.
  • Defending an international consortium of steel companies against allegations of wrongful termination of an offtake agreement. Arbitration under ICC Rules, London seat, English law.
  • Acting for a European defence company in claims under a teaming agreement. Arbitration under AAA Commercial Arbitration Rules; Washington DC seat, English law.
  • Acting for a Russian business in a dispute relating to provision of services in the telecoms sector. Arbitration under SCC Rules, Stockholm seat; English law.

Banking and finance disputes

  • Advising a European bank acting as security agent on potential claims as assignee of receivables under bunker (fuel) supply contracts entered into by a Singapore company; and acting for the security agent in a series of arbitrations relating thereto. Arbitration under SCMA Rules, Singapore seat, Singapore and English law.
  • Defending two Indian banks against claims under guarantees issued by the banks in connection with shipbuilding contracts. Arbitration under SIAC Rules; Singapore seat; English law.
  • Acting for an international investment bank in a claim against a Thai bank for an early termination amount under an ISDA Master Agreement. Litigation before Thai courts; Thai law.
  • Acting for an international investment bank in a claim against an Indian corporate for an early termination amount under an ISDA Master Agreement. Arbitration under ICC Rules; London seat; English law.
  • Acting for an international investment bank in a claim against an Indian corporate for an early termination amount under an ISDA Master Agreement. Arbitration under LCIA Rules, London seat, English law.
  • Defending an international investment bank against a claim by a hedge fund manager concerning the withdrawal of an investment in the hedge fund. Arbitration under LCIA Rules, London seat; English law.

Energy, resources and construction disputes

  • Acting for a construction contractor in a high value dispute relating to an LNG project. Arbitration under ICC Rules; Singapore seat; Western Australian law.
  • Advising a claimant in connection with a dispute in the mining sector. Arbitration under SIAC Rules, Singapore seat; English and Indonesian law.
  • Advising an operator in a dispute under a joint operating agreement for an oil and gas project. Arbitration under UNCITRAL Rules; Singapore seat; Indian law.
  • Acting for a subcontractor in a dispute relating to the supply of equipment for a mining project. Arbitration under UNCITRAL Rules, Singapore seat, Western Australian law.
  • Defending a subcontractor in a complex, high value dispute relating to a mining project. Arbitration under UNCITRAL Rules; Singapore seat; Western Australian law.
  • Defending a pipeline owner against a contractor’s claims relating to variation order requests under a contract for the repair of a gas pipeline. Arbitration under UNCITRAL Rules; Singapore seat; Indonesian law.
  • Advising an employer on potential claims against its EPC contractor relating to the delayed construction of a bio-ethanol production plant. English law.
  • Advising an oil trading company on contractual rights and a potential arbitration in connection with an investment in an oil terminal. Malaysian law.
  • Defending a South African company against a claim for injunctive relief compelling it to provide assistance with the development of a demonstration coal-to-liquids plant in the United States. Arbitration under LCIA Rules; London seat; English law.
  • Advising on an application for interim measures against a government in a dispute under production sharing contracts relating to offshore oil and gas fields. Arbitration under UNCITRAL Rules, London seat, Indian law.
  • Advising the operator of an LNG project in the Caribbean on its rights under project contracts. English law.

Investment protection

  • Acting for Biwater Gauff (Tanzania) Ltd in its claim against the United Republic of Tanzania under the UK-Tanzania bilateral investment treaty. Arbitration under ICSID Convention and Rules; public international law.
  • Advising a potential investor into a South East Asian country on the availability of investment treaty protection and on structuring contractual arbitration provisions.
  • Advising a telecoms company on potential claims against its host government under the investment law of an Asian state relating to changes to the applicable tariff regime.
  • Advising a potential investor into a North African country on the relative merits of available investment treaties and (with tax advisors) making a recommendation on where to incorporate an investment vehicle to obtain the optimum balance of beneficial tax treatment and investment protection.
  • Advising an investor on potential expropriation and fair and equitable treatment claims against a Middle Eastern Government.

Arbitration-related litigation

  • Providing an expert report on questions of English law relating to the interpretation of an arbitration agreement in connection with an application to enforce an English award in Singapore. Singapore High Court; English law.
  • Application under section 10 of the International Arbitration Act to set aside an arbitrator’s decision on jurisdiction (instructing Singapore local counsel), reported as BCY v BCZ [2016] SGHC 249. Singapore High Court; Singapore and New York law.
  • Advising an Indian bank in relation to its rights under loans to an SPV concessionaire, and under related sponsor guarantees and undertakings, in the context of the termination and expropriation of the concession. Application for an interim injunction under section 12A of the International Arbitration Act (instructing Singapore local counsel).  Singapore High Court; English and Singapore law.
  • Application for an anti-suit injunction to restrain proceedings before Indian courts brought in breach of an arbitration agreement. English Commercial Court; English law.
  • Application for an interim injunction relating to the use of Pay TV equipment (instructing Cypriot local counsel). Nicosia District Court; Cypriot law.

Advisory

  • Advising several financial institutions, in relation to a series of separate transactions, on the effects of supervening illegality and insolvency proceedings under foreign law on the enforceability of letters of credit. English law.
  • Advising an international organisation on its policy for choice of law and dispute resolution for consultancy contracts.
  • Advising the International Swaps and Derivatives Association on the preparation of its 2013 Arbitration Guide.
  • Member of the Group of Experts of the European Commission on the Interface between the Brussels I Regulation (Reg. 44/2001) and Arbitration (2010).
  • Advising a group of financial institutions on the design and drafting of arbitration provisions for the rules of a derivatives clearing house.
  • Frequent advice to transactional lawyers on the design and drafting of the dispute resolution regime for complex corporate and financial transactions.

Other experience

  • 3-month secondment to the secretariat at the London Court of International Arbitration (2006-2007)

Education

  • LLB, Law (European Union), University of Leicester, 1999 (First Class Honours)
  • Legal Practice Course, Nottingham Law School, 2000 (Distinction)
  • Postgraduate Diploma in International Commercial Arbitration, Queen Mary University of London, 2007 (Distinction)

Memberships, Associations, Appointments

Arbitral organisations

  • Fellow, Singapore Institute of Arbitrators; SIArb Council member; chair of CPD committee; member of Activities and Arbitration Bar committees
  • Member, Chartered Institute of Arbitrators
  • Member, SIAC Users Council
  • Member, LCIA Asia-Pacific Users Council
  • Member, ASA (Swiss Arbitration Association); former co-chair of ASA Below 40 (2010-2013)

Arbitrator panels

  • Member, HKIAC List of Arbitrators
  • Member, SIAC Reserve Panel of Arbitrators
  • Fellow and member of Panel of Arbitrators, Australian Centre for International Commercial Arbitration

Publications

  • “When is Commencement of Court Proceedings a Repudiatory Breach of an Arbitration Agreement?”, 13 February 2019, Kluwer Arbitration Blog, Andrew Pullen
  • “Opening the gates for third party funding – recent developments in Hong Kong and Singapore and lessons for Korea”, 2017, Korean Arbitration Review, 7th Issue, Andrew Pullen and Jae Hee Suh
  • “A Restatement of the Relationship between Arbitral Tribunals and the Courts”, 2015, Mealeyꞌs International Arbitration Reporter, Vol 30, No. 5, Andrew Pullen and Andrew Foo
  • “TMM Division Maritima SA de CV v. Pacific Richfield Marine Pte Ltd [2013] SGHC 186”, 2013, Mealeyꞌs International Arbitration Reporter, Vol. 28, No. 10, Andrew Pullen and Sunil Mawkin
  • “Developments for Arbitration of Financial Sector Disputes”, 2013, SIAC Newsletter
  • “Astro Nusartura International BV and others v. PT Ayunda Prima Mitra and others”, 2012, Mealeyꞌs International Arbitration Report, Vol. 27, No. 12, Andrew Pullen and Shobna Chandran
  • “Setting Aside an Arbitral Award On Grounds of Natural Justice”, 2012, Mealeyꞌs International Arbitration Report, Vol. 27, No. 9, Andrew Pullen and Xia Li
  • “Casenote: AJU v AJT – Singapore Court of Appeal clarifies scope of public policy review of arbitral awards”, 2011, Mealey’s International Arbitration Report, Vol. 26, No.11, Andrew Pullen and Rick Gal
  • “The rise of arbitration in financial transactions: key issues for users and practitioners”, September 2011, Newsletter of the International Bar Association Legal Practice Division, Vol. 16 No 2, pg 36 – 39, Andrew Pullen and Hi Chong (Sylvia) Ko
  • The International Arbitration Review, Law Business Research Ltd, 2010, Stephen Jagusch and Andrew Pullen, Chapter 7: England & Wales, in Carter, J.H. (ed)
  • “The Future of International Arbitration in Europe: West Tankers and the EU Green Paper”, 2009, Int. A.L.R., Andrew Pullen, Vol. 12(4), pg 56-61
  • “The Reform of the Brussels Regulation: A Crossroad for arbitration in Europe”, published on Practicallaw.com, 2009, Andrew Pullen

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