"brilliant"  "outstanding on construction disputes"
Legal 500 2017

Overview

Michael Regan is recognised as one of the world's leading construction and engineering lawyers and is head of the Construction & Engineering group in London. He is the only lawyer in the UK with three Band 1 Chambers rankings in: construction international arbitration, construction suppliers, and construction professional negligence.

His "stellar" practice commands the respect of peers notes Chambers UK 2013 and focuses on the resolution of disputes arising out of construction and engineering projects, and he represents clients in court proceedings, international arbitrations, and ADR. Michael is also a leading authority in the insurance arrangements which underpin such projects, and he represents many of the leading global insurers. Clients say that the well-respected Michael "gives a Rolls-Royce service." (Chambers UK 2014); and consider him "excellent at taking a strong commercial position that is based on sound legal understanding" (Chambers UK 2013). Consistently ranked as a key individual by the legal directories, clients report "huge confidence in his legal ability" and he is described as having "a great feel for a case and superb commercial judgement" (Chambers & Partners); he's "almost QC-like," and that "if he gives advice, it's always accurate." He is commended for "his clear pragmatic and commercial advice." (Chambers UK 2012). "An outstanding practitioner" notes Legal 500 2012. He "impresses as an 'unflappable, intelligent and commercial' practitioner with his 'sound sense of judgement'." (Chambers UK 2011).

Michael has advised clients in relation to claims arising out of the construction of power stations, nuclear facilities, bridges, dams, process plant, refineries, buildings, roads, mining projects and infrastructure projects in many different countries and in every continent, and has conducted international arbitrations subject to the rules of all the major arbitral institutions including the LCIA, the ICC and ICSID. He has many years experience of conducting complicated technical disputes arising out of construction and engineering projects, including claims involving defects in design and workmanship, programming, delays and quantum. Michael also advises clients on risk allocation, and procurement strategies, and has extensive experience of all the major forms of construction and engineering contracts, particularly FIDIC .

Michael joined Mayer Brown in 1978 and became a partner in 1985. He is also a solicitor-advocate with rights of audience in all the English higher courts.

Spoken Languages

  • English

Experience

Selected International Arbitrations

  • Panama Canal: Acting for the Panama Canal Authority in four sets of ICC arbitration proceedings commenced by a consortium of European contractors arising out of the expansion of the canal.
  • Nuclear facility (LCIA): Represented insurers of an international contractor in an arbitration against the Ministry of Defence concerning the design and construction of a nuclear facility for the maintenance of the UK’s nuclear submarine fleet in Scotland.
  • Greek energy project (LCIA): Represented the supplier and contractor in an LCIA arbitration against the employer concerning disputes arising out of an energy project for the Greek Public Power Corporation.
  • Water desalination project, North Africa (LCIA): Represented an international contractor in an arbitration brought by an employer concerning defects in the design and construction of a water desalination facility in Algiers.
  • Qatar sewage treatment plant arbitration: Represented a Kuwaiti contractor on a ICC arbitration in London in connection with the construction of a sewage treatment plant in Qatar.
  • Brazilian Bio-ethanol Facility: Advised the owner of a Brazilian bio-ethanol facility regarding potential arbitration claims arising from construction of a process facility in Brazil. The arbitration agreement provides for ICC arbitration in London governed by English law.
  • International Chamber of Commerce (ICC): Represented a joint venture of a major British contractor and an Egyptian contractor in ICC arbitration proceedings arising out of defects in a tunnelling project in Egypt. Substantive dispute subject to Egyptian law. Further ICC arbitration proceedings against the design consultant subject to English law. Dealing with parallel court proceedings commenced in the Egyptian courts and advising on jurisdictional issues. Conducting an appeal against a preliminary award through the Swiss courts.
  • London Court of International Arbitration (LCIA): Represented a Japanese and Saudi owned oil company in LCIA arbitration proceedings arising out of the design and construction of sewage plant in Saudi Arabia. Dispute involved allegations of defamation, defects and complicated programming issues involving delay and loss and expense.
  • International Chamber of Commerce (ICC): Represented a joint venture of an American contractor and a Mexican contractor in ICC arbitration proceedings arising out of alleged defects in and under performance of an iron smelting plant in Bombay. Substantive dispute subject to Indian law. Advising clients on jurisdictional issues following commencement of proceedings in the Indian courts and the recognition of international arbitration awards in India.
  • London Court of International Arbitration (LCIA): Represented an international contractor in a claim for defects arising out of the design and construction of an oil refinery in Kuwait, and a counterclaim for extensions of time and associated loss and expense.
  • International Centre for the Resolution of Investment Disputes (ICSID): Represented an English company in a dispute arising out of a mining project in Egypt, and a government in a series of claims following allegations of discriminatory and unfair treatment by contractors and suppliers.
  • Ad hoc Arbitration: Advised a Canadian contractor and its insurers in connection with arbitration proceedings arising out of defects in the design of ground works and interpretation of ground conditions in the construction of a power plant in Dominica. Substantive dispute subject to local law. Ad hoc arbitration agreed and held in Boston, USA.

Selected International Disputes

  • Advised reinsurers and a Thai oil company in connection with claims arising out of an explosion at a refinery in Thailand causing loss of life and substantial third party property damage. Liability issues subject to Thai law.
  • Advised an American supplier of cement manufacturing plant on its liability for defects in a project in Indonesia. Advice on English law and letters of credit.
  • Represented a major international engineering consultancy in claims arising out of errors in bills of quantities for a major sewage project in Hong Kong. Arranging a series of structured settlement negotiations.
  • Represented a major international engineering contractor in High Court proceedings arising out of defects in an aluminium smelting plant in Bahrain. Contract subject to the law of Bahrain.
  • Represented insurers in a policy coverage dispute and arbitration proceedings following losses suffered by an international contractor carrying out civil engineering works in Sudan.
  • Advised a global steel manufacturer on claims in South Africa arising out of its alleged loss of mining rights in an iron ore mine.

Selected Litigation, Domestic Arbitration and Others

  • Represented a leading international management contractor in the largest construction claim to be heard in the English courts, involving alleged negligence in the prediction of construction costs and management of the project. Additional claims for delay and disruption and associated loss and expense requiring the preparation of a retrospective delay analysis. Proceedings also pursued against cost consultants, architects and engineers.
  • Representing a major international engineering consultancy in claims arising out of a blow out of a tunnel being constructed for the extension of a light railway scheme in London. Engineering issues involving structural calculations and finite element analysis.
  • Representing a major British contractor in domestic arbitration proceedings arising out of the construction of a substantial sewage tunnel and associated pipework. Allegations of defective design. Parallel arbitration proceedings against the contractor's design consultants joined by consent to the main contract arbitration. Technical issues include hydraulics, material analysis and structural engineering.
  • Represented insurers and an international consultancy at the public enquiry in Aberdeen following the explosion of the Piper Alpha oil rig.
  • Represented the Panama Canal Authority on the expansion of the Panama canal.
  • Represented insurers and a firm of surveyors in proceedings arising out of the valuation of a new residential development in Docklands, London. The case was heard by the House of Lords and is one of the leading English authorities on the recoverability of damages.
  • Represented clients in over 20 reported cases.

Alternative Dispute Resolution/Adjudication

  • Represented clients in numerous ADR hearings, both internationally and domestically. These have included procedures administered by ADR providers and ad hoc arrangements agreed between the parties.
  • Represented clients in adjudication proceedings under the fast track process introduced by the HGCRA 1996.
  • Represented clients at Dispute Review Boards and Dispute Adjudication Boards.

Perspectives

Education

University of Oxford, Pembroke College

Admissions

  • England and Wales

Court

  • Solicitor Advocate with Higher Rights of Audience (Civil)

Memberships

  • Chartered Institute of Arbitrators
  • Society of Construction Law
    • 2014 Society of Construction Law Hudson prize winner
  • IBA
  • Former working member of the Turnkey Heavy Plant Subcommittee of Committee T of the IBA

Consistently recommended as a leading individual by the legal directories

  • Head of the firm's London construction and engineering group Michael Regan 's practice covers construction claims arising from infrastructure, mining and industrial projects. He also offers expertise in construction-related professional negligence matters. Sources appreciate his "vast wealth of knowledge and years of experience, and good manner with clients.” (Chambers UK 2019, Construction)
  • Michael Regan specialises in liability issues related to construction and engineering. Commentators say: "He has a very gentlemanly style, he is intellectually very strong and he's very good at running a case." (Chambers UK 2019, Professional Negligence)
  • Noted for construction and engineering disputes. (Legal 500 2018)
  • Construction and engineering group leader Michael Regan is an experienced and well-respected contentious practitioner who excels at supplier-side representation, as well as in international arbitrations. He is regularly engaged by clients to handle disputes in infrastructure, mining and power projects worldwide. One interviewee says: "He is very knowledgeable and calm. He collects his thoughts and gives sound and solid advice." (Chambers UK 2018) 
  • The "brilliant" Michael Regan, who is "outstanding on construction disputes" jointly heads the professional negligence practice. Also head of the construction practice Michael Regan, "quickly grasps key issues". (Legal 500 2017)
  • Michael Regan leads Mayer Brown International LLP’s infrastructure team, which provides "an excellent level of service across all sectors". (Legal 500 2017)
  • Michael Regan is a market leader in supplier-led contentious work, with a specialism in international arbitrations. Sources praise his "immense specialist knowledge of construction issues and law." (Chambers UK 2017 - Construction)
    Michael Regan is an esteemed adviser on negligence cases that relate to the construction industry, handling claims that pertain to major construction and engineering projects, including defects in the quality of products and programming. "He is very senior and sensible,"one source says: "He doesn't take silly points, and will be perfectly pragmatic."(Chambers UK 2017 - Professional Negligence).
  • The "formidable" Michael Regan's team is "very good at contentious and insurance-related matters". (Legal 500 2016).
  • London construction and engineering head Michael Regan represents suppliers and insurers across the world on hefty power and infrastructure disputes. Sources laud him as "one of the most intelligent people you'll come across." He has a complementary practice in professional negligence, where he is described as "very approachable" by interviewees. He routinely undertakes work relating to major construction projects and large-scale international arbitrations. (Chambers UK 2016).
  • Chambers UK 2016 ranks 30 Mayer Brown practices and 47 lawyers.
  • Department head Michael Regan is "measured, controlled and practical to deal with". He is "formidable" and "exceptional" (Legal 500 2015).
  • Mayer Brown partner Michael Regan receives Hudson Prize.
  • Practice head Michael Regan has significant expertise pertaining to a range of contentious matters. One contemporary notes him as "one of the best contentious lawyers around," while clients appreciate his "commercial approach." (Chambers UK 2015).
  • "excellent" and "impressive" (Legal 500 2014).
  • "gives a Rolls-Royce service" (Chambers UK 2014).
  • He is conisdered "excellent at taking a strong commercial position that is based on sound legal understanding" (Chambers UK 2013).
  • clients report "huge confidence in his legal ability" and he is described as having "a great feel for a case and superb commercial judgement" (Chambers & Partners).
  • he's "almost QC-like," and that "if he gives advice, it's always accurate." (Chambers)
  • He is commended for "his clear pragmatic and commercial advice." (Chambers UK 2012).
  • "An outstanding practitioner" (Legal 500 2012).
  • He "impresses as an 'unflappable, intelligent and commercial' practitioner with his 'sound sense of judgement'." (Chambers UK 2011).