Prof. Phillip Capper
White & Case LLP

5 Old Broad Street
London, UK EC2N 1DW

Prof. Phillip Capper

Phillip is Partner and Head of International Arbitration at White & Case LLP in London and his practice is focused in international arbitration, and engineering and construction. He has for years been recognised by legal directories as a “leading individual” in these fields. He is at ease in addressing highly technical engineering and technology issues, of which he has also had considerable experience. He is one of the very few lawyers worldwide who has been listed in the Most Highly Regarded Individuals – Global in the International Who’s Who of Business Lawyers in Construction.

Former Chairman of the Faculty of Law at the University of Oxford, Phillip is now also Nash Professor of Engineering Law at King’s College London. He is an Honorary Member of the Society of Construction Law, an Honorary Member of the Royal Institution of Chartered Surveyors, and Honorary President of the Adjudication Society. For 15 years he was the Director of the Diploma in International Arbitration, held in Oxford each year, the flagship programme of the Chartered Institute of Arbitrators.

As arbitrator, Phillip has chaired ICC, LCIA, ADCCAC and UNCITRAL arbitral tribunals, and has served as sole arbitrator and party appointed arbitrator in ICC and LCIA arbitrations. As arbitrator, all his cases have been international cross-border disputes concerning manufacturing facilities design and procurement, mineral supplies and processing, oil and gas plant processing, investor disputes, agency contracts, claims under guarantees, metal ore trading, construction contract disputes, sale and supply issues, and manufacturing plant commissioning; and were governed by the laws of Switzerland, United Arab Emirates, India, Kuwait, Egypt, France, Jamaica, and England.

Phillip is a highly regarded advocate in arbitration. As counsel, under many applicable laws, common law and civil law, he has acted under the rules of ICC, LCIA, and the Stockholm, Madrid and Prague Chambers of Commerce, as well as in contractual mediations and ad-hoc arbitrations under UNCITRAL Rules and otherwise. His cases have included cross-border investor disputes, engineering issues concerning process plant, rail infrastructure, highways, oil and gas facilities, and power and water plants, and applications of international technical standards (ISO, ASTM, etc).

He has led counsel teams in some of the largest projects in the world, from the Channel Tunnel to the expansion of the Panama Canal, and the new generation of nuclear power plants.

For the ICC in Paris he led small working groups drafting model clauses for ICC arbitration and ADR, and for use with the ICC Rules for Expertise. He drafted the disputes clauses in the New Engineering Contract 2nd edition and ICE 7th edition and was engaged as expert by French Association of International Contractors (SEFI) to evaluate FIDIC’s EPC Silver Book. For CIRIA’s Client’s Guide to Risk in Construction he wrote on legal risk management.

In 2014, Euromoney’s Global Commercial Arbitration Awards named Phillip “Construction Lawyer of the Year”. In 2013 the Technology and Construction Solicitors’ Association (TeCSA) awarded Phillip the Clare Edwards Award, which recognises “professional excellence and contribution to the legal profession serving the construction industry”, and which is given “when an exceptional candidate is identified.”

“The impressive Phillip Capper is respected by clients and colleagues alike as ‘the doyen of construction law’.” (Chambers UK 2013), “Clients admire his ‘stunning grasp of expert evidence and masterful cross-examination of opponents.’” (Chambers UK 2012).

Publications include, e.g., “Inside the Black Box: How Arbitral tribunals Operate and reach their Decisions” (Swiss Arbitration Association, JurisNet, 2014): chapter on dealing with bias and obstruction; “The Application of Substantive Law by International Arbitrators” (International Chamber of Commerce, 2014): chapter on proving the contents of the applicable substantive law (2013); “Arbitration in England, with chapters on Scotland and Ireland” (Kluwer Law International, 2013): chapter on Relevant Aspects of the English Legal System (co-author, with Julia Zagonek); and “International Arbitration: A Handbook” (3rd Edition) (LLP, 2004).

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