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Member details

Maclays

 

Member profile details

Organisation
Maclays
I practise/work in
  • International Arbitration
  • International Alternative Dispute Resolution
Profile Photo (Headshot or Logo)
Title (Mr/Mrs/Miss/Dr)
Mr
How you'd like your name to appear in the directory
Andrew Maclay
Gender
Male
Country
Non-African Country
Non-African Country (Please Specify)
United Kingdom
Country of Birth
Malaysia
Nationalities
British
If non-African, how do you promote Africans in international arbitration/ADR?
I previously lived in Burundi for three years, and am fluent in French. In my professional work, I currently work full-time as an expert witness in damages and accountancy issues in international commercial and investment arbitrations. I specialise in international arbitrations in both anglophone and francophone Africa, as well as other arbitrations involving lawyers based in London and Paris, and I have used my contacts in Burundi, Kenya and other African countries to assist me in specialising in arbitration in Africa.

I signed the "African pledge" when it began, and I am passionate about promoting arbitration in Africa, and training Africans in my part of the international arbitration community, which is the quantum element of disputes. I have presented at EAIAC for the last three years, in Kigali, Addis Ababa and Nairobi, and indeed won an EAIAC award in 2019 for "other service providers"; most recently, I presented on the role of non-lawyers in international arbitration.

I have acted as a quantum expert witness on arbitrations and other disputes in Nigeria, Kenya, Tanzania, Zimbabwe, DR Congo, South Africa, Gabon and other African countries.
Languages
English, French
Individual Member Profession (see note below)
  • Arbitration/ADR Expert Witness
Number of cases as Arbitration/ADR Expert Witness
  • 20+
Areas of Speciality
  • Agency
  • Competition
  • Distribution / Franchising
  • Energy & Natural Resources
  • Hospitality & Leisure
  • International Commercial Disputes
  • International Investment Disputes
  • Retail & Consumer Products
  • Telecommunications
  • Transport
Degrees/Qualifications, Institutions and Dates Obtained
MA (Cantab) - Economics, 1979
FCA (Institute of Chartered Accountants in England & Wales) - 1984
CFE (Certified Fraud Examiner) - 1999
ACIArb - 2004
Member of the Academy of Experts - 2008
Professional Experience (Job Title, Organisation and Dates)
Independent consultant (pro bono or semi pro bono) - 2022 to date
Secretariat - 2020 to 2021- managing director
BDO - 2007-2020 - principal
Grant Thornton - 2001-2007 - director
Deloitte - 1996-2001 - senior manager
Biography
Andrew Maclay specialises as an expert accounting witness in commercial and investment arbitrations, particularly in anglophone and francophone Africa. He has an MA from the University of Cambridge, UK and is a fellow of the Institute of Chartered Accountants in England and Wales, an accountant expert witness accredited by the Academy of Experts, an associate member of the Chartered Institute of Arbitrators and a Certified Fraud Examiner.

He has testified before ICC, LCIA and ICSID tribunals, the English High Court, a criminal court, and by way of deposition. He has lectured and written articles on international arbitration and anti-corruption matters. He lived in Burundi between 1991 and 1994, and is fluent in French.

Disputes in Africa:
- International Court of Justice case on reparations between DR Congo and Uganda
- Two ICC arbitrations in relation to waste management in Gabon
- Six ICSID arbitrations on behalf of the Arab Republic of Egypt
- ICC arbitration re copper mine in Lubumbashi, DR Congo
- LCIA arbitration in relation to the construction of an airport in Nigeria
- Investigation into a manufacturing company in East Africa
- Post M&A dispute in the downstream oil business in 15 African countries
- Asset recovery project in relation to former President Abacha of Nigeria
- Expert determination in telecoms in Tanzania
- High Court disputes in relation to companies in Nigeria and Zimbabwe
- Valuation of a permethrin factory in Rwanda
- Investigation into a cocoa producer in Ghana
Legal Background
  • Civil Law
  • Common Law
  • European Law
Qualified in (specify jurisdiction(s))
United Kingdom
Types of agreements from which disputes in your practice most frequently arise
  • Agency/Distribution
  • Concessions
  • Public-Private Partnerships
  • Sale of Business
  • Sale of Goods
  • Share Purchase/Joint Venture
List arbitration/ADR articles, book chapters, books and where published
GAR Guide to damages in international arbitration - chapter on "Overview of Damages and Accounting Basics"
Investment Treaty Arbitration Review - chapter on "Other methods for valuing lost profits"
ICLG International Arbitration 2019 - "Pre-award interest, and the difference between interest and investment return"
LinkedIn - "Climate change disputes and damages"



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