Alastair Livesey is a Counsel in the International Arbitration practice.

He acts as counsel in business-critical international commercial disputes across a variety of jurisdictions and industries. Al has acted for clients both in international commercial and investment treaty arbitrations, as well as complex multi-jurisdictional litigations, governed by a wide variety of national laws and institutional rules. In particular, he has significant experience acting as counsel in international arbitrations arising out of situations of fraud, regulatory breaches and other compliance issues.

Al also advises multi-national corporates on a range of board-room legal and compliance risks. He has extensive experience in internal investigations, corporate governance issues and multi-jurisdictional risk management. He offers strategic guidance to clients in responding to crisis situations, drawing on his experience advising on investigations into allegations of bribery and corruption, anti-trust issues, sanctions breaches, money laundering, fraud, human rights violations and other forms of wrongdoing.

Al has significant experience both in Europe and in emerging markets, working with clients across Africa, South America, the Middle East, CIS region and Southeast Asia. His experience spans disputes relating to mergers & acquisitions, joint ventures, shareholder agreements, mining & natural resources, aviation & defence, major infrastructure projects, construction, telecommunications & technology, and financial services. He has also trained several government departments on arbitration and international law investment protections.

International arbitrations on which Alastair Livesey has worked include the representation of:  

• A heavy equipment supplier and contractor in relation to a highly complex construction arbitration, related local litigation and a number of delay, disruption, defects and other disputes arising out of two fossil fuel construction megaprojects in Africa with claims and counterclaims of over US$2 billion. The law of the country of the projects applies
• A heavy equipment supplier and contractor in relation to a delay and prolongation costs arbitration arising out of the construction of a fossil fuel power plant in Africa. The law of the country of the project applies.
• A Middle Eastern company, Claimant in an UNCITRAL arbitration in London against an Asian company. The dispute arises out of a contract for the fabrication of onshore oil drilling rigs. English law applies.
• A large energy multinational in a complex construction dispute worth over US$1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute includes issues of delay and defects. English law applies.
• An African company and its shareholder, Claimants in an ICC arbitration in London against North American companies. The dispute arises from the termination of a consultancy agreement relating to oil drilling services. Over US$100 million is at stake. English law applies.
• A heavy equipment supplier and contractor in relation to a highly complex construction arbitration, related local litigation and a number of delay, disruption, defects and other disputes arising out of two fossil fuel construction megaprojects in Africa with claims and counterclaims of over US$2 billion. The law of the country of the projects applies.
• A petrochemicals company in connection with potential investment treaty claims against a Central Asian State in relation to oil and gas assets.
• A global aerospace corporation in two linked ICC arbitrations concerning the performance of contracts in respect of which there are red flags of corruption. The arbitrations were seated in Geneva and involved issues of English, French and Swiss law.*
• A commodity producer in a billion-dollar ICC claim arising under two long term supply contracts with a group of mining companies. The seat was London and the governing law was English law.*
• A global company in the defence and space sector in defending an ICC arbitration brought by a former agent under commissions contracts and the European commercial agency regulations. The arbitral seat was London and the claims involved issues of English, Irish, Spanish and EU laws.*
• A major construction company in a multi-billion dollar ICC arbitration arising out of a dissolved joint venture. The arbitral seat was Singapore and the governing law was Korean law.*
• A defence sector company in an ICC arbitration with a former consultant regarding the performance of consultancy contracts potentially tainted by corruption. The arbitration was seated in Madrid and involved issues of English, Spanish and Singapore laws.*
• A sub-contractor in ICC claims against a main contractor for mismanagement of a major construction project. The seat was Riyadh and the governing law was Saudi law.*
• Two aerospace and defence companies in an ICC arbitration with a former business partner. The arbitration was seated in Riyadh and involved issues of English and Saudi laws. The arbitration was conducted pursuant to the ICC's Expedited Procedures.*
• A private equity fund in a series of LCIA arbitrations with the majority owners of a portfolio company in relation to breaches of the shareholders’ agreement and other related documents. The arbitral seat of each arbitration was Paris and the governing law was English law.*
• A UK bank in two linked LCIA arbitrations against a foreign bank, which concerned the effect of mandatory public law provisions of the respondent’s State of incorporation on obligations in a loan contract. The arbitrations were seated in London and involved issues of English and Russian law.*
• A group of Russian transport companies in an LCIA arbitration against a former group executive, in which the group sought to recover sums paid to the executive under a suite of loan agreements following his dismissal.*

* Experience prior to joining Shearman & Sterling.

Professional Affiliations

• Member, Young ICCA
• Member, LCIA Young International Arbitration Group (YIAG)
• Legal Advisory Board, Mermaids (leading UK LGBTQ+ charity, supporting transgender, non-binary and gender-diverse children and young people)
• Member, JUSTICE (human rights charity, working to reform the UK justice system with a focus on the most vulnerable and marginalised in society)
• Member, Liberty (advocacy group and membership organisation based in the UK which challenges unjust laws, protects civil liberties and promotes human rights)
• Member, Bail for Immigration Detainees (independent charity that exists to challenge immigration detention in the UK)

Awards & Accolades

• Final shortlist, Law Society of England & Wales Excellence Award for Junior Lawyer of the Year.
• Final shortlist, City of London Solicitors' Company Prize for the most promising Trainee Solicitor in London.

Publications

• “Court confirms power to order taking of evidence from non-parties to a foreign-seated arbitration,” International Law Office, 23 April 2020
• “Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic,” World Trade Review, January 2018, volume 17, issue 1, pp. 175-178
• Case commentaries on Identoba and others v Georgia and Maguire v The United Kingdom (amongst others) in the European Human Rights Law Review
• Industry briefings on a variety of legal topics, including several English law sections of Kluwer Arbitration's 'SmartCharts'

Other

Before joining Shearman & Sterling, Al was a Senior Associate at a magic circle firm, where he practised from London, Paris, Moscow and São Paulo. Al has completed secondments to the litigation and investigations team of an international bank, and the legal and compliance team of a major commodity trading and mining company. He previously worked for the UN at the International Criminal Tribunal for the Former Yugoslavia and for several prominent human rights and law reform organisations.