Consultant to Clifford Chance
Audley Sheppard KC specialises in the resolution of major disputes arising out of infrastructure and energy projects, and international trade and investment. He also sits as an arbitrator.
- Successfully represented a consortium of international oil companies awarded USD$1.4 billion in a Nigerian arbitration concerning the fiscal terms of a Production Sharing Contract (ongoing)
- Successfully represented a NY based fund awarded over USD$110 million in an LCIA arbitration as compensation following the termination of a project to reduce methane gas emissions in Russia
- Successfully represented investors and States in arbitrations under Bilateral Investment Treaties and the Energy Charter Treaty
- Successfully defended an Asian telecoms company in a SIAC arbitration concerning claims by an Indian company under a share purchase agreement
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- The Lawyer's Duty to Arbitrate in Good Faith and with Civility’, in Arbitration International (2021, vol. 37, in honour of V V Veeder QC), p. 535
- ‘Appointment of Arbitrators’, in Max Planck Encyclopaedia of International Procedural Law (2021) (with Federico Ortino)
- ‘Remedies for Breach of the India Model Bilateral Investment Treaty’, in "International Arbitration and the Rule of Law: Essay sin Honour of Mr Fali Nariman" (PCA, 2021) (ed Gourab Banerji & ors), p. 257
- ‘Res judicata in English arbitration’, in “Prevailing Principles of Fairness, Finality and Public Policy in International Commercial Arbitration" (Report of the 2nd Athens Arbitration Day October 2019, Sakkoulas, 2021), p. 157
- ‘The Risk of Groupthink in a Multilateral Investment Court’, in “Evolution and Adaptation: The Future of International Arbitration" (ICCA Congress Series No. 20, Kluwer, 2019) (A J Van den Berg) (with Daphna Kapeliuk) p. 448
- ‘Dissents in International Arbitration’, in “The Psychological Aspects of International Arbitration" (Kluwer, 2017) (ed Tony Cole) (with Daphna Kapeliuk)
- 'The Approach of Investment Treaty Tribunals to Evidentiary Privileges' in ICSID Review, Vol. 31, No. 3 (2016), pp. 670–689
- ‘Oaths and Perjury’, in “Defining Issues in International Arbitration" (CIArb, 2016)(ed Julio Cesar Betancourt)
- ‘English Arbitration Act 1996’, in “Concise International Arbitration" (Kluwer, 2014)(ed Loukas Mistelis)
- ‘Commentary on UK Investment Treaty’, in “Commentaries on Selected Model Investment Treaties” (OUP, 2013) (with Chester Brown)
- ‘Applicable substantive law’, in “Arbitration in England” (Kluwer, 2013) (eds Julian Lew & ors)
- ‘Legal Privilege and Confidentiality in Arbitration’, in “Privilege and Confidentiality: An International Handbook” (IBA, 2012) (with Fabian von Schlabrendorff)
- 'Jivraj v Hashwani – Faith in English arbitration is restored" in Les Cahiers de l'Arbitrage, 2011, vol. 4 at 1079 (with M. Berard).
- ‘Are Stabilization Clauses a Threat to Sustainable Development?’, in "Sustainable Development in World Investment Law" (Wolters Kluwer, 2010) (with A. Crockett)
- ‘Closing Arguments’, in “The Art of Advocacy in International Arbitration" (Juris, 2010)(eds Doak Bishop and Ed Kehoe)
- ‘Arbitrator Independence in ICSID Arbitration’, in “Liber Amicorum in Honour of Christoph Schreuer “ (OUP, 2009).
- ‘The Jurisdictional Threshold of a Prima-facie Case’, in "International Investment Law" (OUP, 2008)
- ‘Mandatory Rules in International Commercial Arbitration - an English Perspective’, in The American Review of International Arbitration (2008, vol. 18 at 121)
- "Investment Arbitration and the Energy Charter Treaty" (JurisNet LLC, 2006)
- 'The Distinction between Lawful and Unlawful Expropriation' in C. Rebeiro (ed.)
- ‘International Agreements Covering Foreign Investment in Services: Patterns and Linkages’, in "Regional Trade Agreements and the WTO Legal System" (OUP, 2006) (with F. Ortino)
- ‘Res judicata and estoppel’ in "Parallel State and Arbitral Procedures in International Arbitration“ (ICC, 2005).
- ‘Report on public policy as a bar to enforcement of international arbitral awards’, in ILA Reports, in Arbitration International (2003, vol. 14, at 217).
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Career and qualifications
Victoria University of Wellington, NZ (LLB) 1983 and (BCommerce) 1984
- Admitted as a barrister and solicitor in New Zealand 1985
- Cambridge University (LLM) 1986
- Joined Coward Chance 1986
- Admitted as a solicitor in England & Wales 1990
- Clifford Chance Dubai 1994
- Partner since 1995
- Consultant since 2023
Appointed Queen's Counsel (2015)
- Vice President, International Council for Commerical Arbitration (2023 - present)
- Chair of Sport Resolutions Board (2021 - present)
- Advisory Board, British Institute of International and Comparative Law Investment Protection Forum (2004 - present)
- International Advisory Board, Arbitration Ireland (2012-present)
- Former chair of the LCIA Board (2017 – 2022) and Vice President of the LCIA court (2011 - 2017)
- Former NZ Member on the ICC International Court of Arbitration and Arbitration Commission (2007-2012)
- Former Co-Chair of the International Bar Association Arbitration Committee (2006-07)
- Former Rapporteur of the International Law Association Committee on International Commercial Arbitration (1996-2006)
Awards and citations
- "He is one of the best lawyers in arbitration, from a professional point of view and a human point of view. He's a great guy and very friendly to the client."
Band 1: UK-wide, International Arbitration: Commercial Arbitration: Chambers UK 2018
Band 1: UK-wide, International Arbitration: Investment Arbitration: Chambers UK 2018
- "Sources consider London-based partner Audley Sheppard an ‘incredibly clever’ practitioner, who has ‘enormous intellectual weight, and whose judgement is second to none.'"
Europe-wide, Arbitration (International): Chambers Europe 2018
- "London-based Audley Sheppard receives high praise for his efforts in representing investors and corporate clients on treaty arbitrations and commercial disputes relating to the mining and banking sectors."
Global-wide, Arbitration (International): Chambers Global 2018
- "Audley Sheppard QC brings impressive experience to disputes arising out of energy projects."
Energy and Natural Resources: Disputes: UK-Wide: Chambers UK 2018
- "Audley Sheppard QC enjoys a leading reputation for his work in international arbitrations, including assisting investors in investor-state disputes."
Band 1: UK-wide Public International Law: Chambers UK 2018
- "One client says, ‘I believe he is one of the best as far as arbitration is concerned. He is a good listener, very experienced and asks the right questions.'"
Band 1: Africa-wide, Dispute Resolution: Chambers Global 2018