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Conal McFadyen

Conal McFadyen

Senior Associate

Conal specialises in resolving complex commercial disputes, particularly through international arbitration, across various sectors.

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Experience

Conal regularly advises Japanese and international clients on complex commercial disputes, often across multiple jurisdictions. Conal is well-versed in a variety of dispute resolution mechanisms, from alternative mechanisms such as negotiation and expert determination to formal proceedings such as English High Court litigation and international arbitration (ad hoc, ICC, HKIAC, JCAA and TOMAC). Conal has experience across a broad spread of sectors, including: construction and engineering, mining, oil and gas, automotive and pharmaceutical. He also advises clients in relation to employment matters.

Conal's experience includes:

  • representing a major Japanese trading company in an HKIAC arbitration relating to a delay in closing two SPAs worth a combined total of over US$ 1 billion.
  • representing Japanese contractors in relation to expert determination and potential ad-hoc arbitration proceedings on claims arising under an EPC construction contract (FIDIC Silver Book) for a geothermal power station in New Zealand
  • representing a major Japanese trading company as respondents in an ICC arbitration commenced against it for the non-payment of sums allegedly owed in relation to a major highway construction project
  • representing a Middle Eastern company in a JCAA arbitration relating to the non-renewal of a long term automotive distribution agreement by a Japanese company
  • representing a major Japanese trading company in London ad-hoc arbitration in relation to a dispute involving refusal of delivery and a claim for repayment arising out of a series of shipbuilding contracts

 

Background

Conal joined Herbert Smith Freehills as a trainee in 2010 and qualified into a London disputes team in 2012 (after a six month secondment to Tokyo disputes).  Conal is admitted in England and Wales and is also a Solicitor Advocate.  He re-joined Herbert Smith Freehills' Tokyo disputes team in 2014 and became a Registered Foreign Lawyer in 2016.