John McMillan

Call: 2012

Email: jmcmillan@keatingchambers.com

Tel: +44 (0)20 7544 2719

Practice Overview

John McMillan specialises in high-value, complex arbitration and litigation, with a particular focus on the construction, engineering, energy, and technology sectors.

Before joining Keating Chambers, John practised for more than five years in the international arbitration group of a leading international law firm. He has advised on or acted in arbitrations under the ICC, LCIA, SIAC, UNCITRAL, SCC, NAI and ICSID rules, involving common-law, civil-law and international-law issues. His background at a law firm has given him experience of all aspects of the arbitral process, from selecting a tribunal to conducting the advocacy at hearings to the enforcement of arbitral awards.  He has also acted as secretary to a tribunal chaired by Gary Born in a major engineering arbitration under the ICC rules.

Having studied Chinese at Oxford University, John speaks and reads Chinese.  He has acted in a number of disputes for and against Chinese clients, in which he has been required to review Chinese-language documents.

John frequently speaks and publishes on topics related to international arbitration, and is an assistant editor of the Journal of International Arbitration.  He is the author of the chapter on private international law in International Commercial Contracts: Law & Practice (OUP, forthcoming).

Practice Areas
  • Construction & Engineering
  • Energy & Natural Resources
  • International Arbitration
  • Commercial
  • Professional Negligence
Construction & Engineering

Construction & Engineering disputes have always been central to John’s practice.  Recent highlights include:

  • Representing a State in relation to a $200 million dispute arising from the construction of a major road, involving several FIDIC Dispute Board proceedings and a SIAC arbitration.
  • Representing South American clients in an $85 million ICC arbitration relating to the construction of a biofuels facility in South America.
  • Representing a European contractor in two ICC arbitrations (one against the employer and one against a subcontractor) relating to the construction of an industrial facility in South America.
  • Acting as secretary to the tribunal in an ICC arbitration relating to disputes between a State and a European engineering company
  • Representing a global oilfield services company in an ICC arbitration relating to the drilling of oil wells in the Middle East.

John has experience of the FIDIC, NEC, JCT and LOGIC forms.

Energy & Natural Resources

John has wide experience of energy & natural resources disputes, especially in the oil and gas sector. Recent highlights include:

  • Representing an oil and gas exploration company in a $60 million ICC arbitration arising from a joint operating agreement for an offshore oil concession in West Africa.
  • Representing a global oilfield services company in an ICC arbitration relating to the drilling of oil wells in the Middle East.
  • Advising on enforcement of an arbitral award relating to a multi-billion dollar dispute arising from the development of gas fields in Northern Iraq.
  • Advising on rights of pre-emption in a joint operating agreement.
  • Representing South American clients in an ICC arbitration relating to the construction of a biofuels facility in South America.
International Arbitration

John has advised on or acted in arbitrations under the ICC, LCIA, SIAC, UNCITRAL, ICC, NAI and ICSID rules, involving common-law, civil-law and international-law issues.  Recent highlights include:

  • Representing a Chinese company in a $1 billion ICC arbitration arising from purchase of a company in another East Asian jurisdiction.
  • Representing a leading European manufacturing company in an ICC arbitration relating to disputes with a major Japanese manufacturer.
  • Representing a financial institution in a $200 million LCIA arbitration relating to the alleged negligent valuation of complex assets.
  • Representing an American healthcare company in a $150 million ICC arbitration relating to an agreement to develop a pharmaceutical facility in the Middle East.
  • Acting as secretary to the tribunal in an ICC arbitration relating to disputes between a State and a European engineering company.

John has also advised on investor-State arbitrations, including:

  • Advising on a jurisdictional dispute arising from an arbitration under the Energy Charter Treaty.
  • Advising a State entity on its international-law obligations arising from an investor-State arbitral award.
  • Advising on an ICSID arbitration claim.

Further examples of John’s arbitration experience can be found under Construction & Engineering and Energy & Natural Resources.

Commercial

John has wide experience of commercial disputes and frequently advises on post-M&A, joint venture and sale of goods disputes.  Recent highlights include:

  • Advising an American technology company in relation to a $1 billion post-M&A dispute with a Chinese technology company.
  • Advising an American food and beverage company in relation to a $200 million post- M&A dispute with Chinese investors.
  • Advising a European aviation company on disputes arising from an engine maintenance contract.
  • Advising an American pharmaceutical company on a patent licensing dispute with a British company.
  • Advising a joint venture in West Africa on a sale of goods dispute with a vendor.

Further examples of John experience of commercial disputes can be found under Construction & Engineering, Energy & Natural Resources, and International Arbitration.

Professional Negligence

John also has experience of professional negligence disputes. He has acted in an ICC arbitration relating to the negligent design of a biofuels facility and in an LCIA arbitration relating to the negligent valuation of complex assets.

Case Reports
Case Date