"demonstrated ease at getting to grips with complex issues as they evolved" "easy to work with and clear in [her] communications" 
Legal 500 2022

Aperçu

Rachael O'Grady is a partner in the international arbitration practice at Mayer Brown International LLP. A solicitor advocate, she focuses on international commercial and bilateral investment treaty arbitration and public international law. 

Rachael has acted as counsel and advocate for claimants and respondents in both commercial and investment treaty arbitrations across a wide range of industries, including the satellite, space, telecommunications, taxation, mining, energy, hotel and hospitality, and retail sectors. 

As counsel, Rachael has conducted arbitrations under the ICC, ICSID, LCIA, UNCITRAL, SCC, LMAA, CAS and ad hoc rules. As well as advising on complex international and domestic legal issues in such disputes, Rachael has been commended by clients and peers for her "rock-solid case management" (Legal 500, 2017).

Rachael is also known in the market for her international law expertise in the outer space sector and is a co-founder and co-Chair of Mayer Brown's Space and Satellite Industry Group. Rachael has a particular specialism in this area, having written extensively on the topic, and having spoken at numerous conferences, podcasts and webinars. She has also been quoted frequently in the press and has been interviewed on BBC radio on the topic. 

Langues

  • Anglais
  • Français
  • Portugais
  • Espagnol

Expérience

Commercial Arbitration Experience

Examples of commercial arbitration experience include, or have included (see further below for examples of investment treaty arbitration experience):

  • representing the claimant in an SCC arbitration, concerning a multi-million pound case arising out of a disputed district heating contract in Eastern Europe; 
  • acting for a solar power company in an LCIA arbitration, stemming from a disputed sale and purchase agreement; 
  • advising a UK satellite operator in relation to possible force majeure events affecting the launch of a satellite; 
  • representing a global mining corporation in an LCIA arbitration in the context of a disputed share purchase agreement and related issues in connection with the overall project in issue;  
  • advising a UK satellite operator in relation to a disputed supply/distribution agreement relating to satellite-derived services; 
  • acting for a hotel owner in an ICC arbitration concerning a disputed hotel management agreement with a well-known hotel operator in relation to a luxury hotel in West Africa;  
  • representing a UK satellite operator in relation to a disputed telecommunications agreement involving the provision of satellite services including mobile broadband; 
  • acting for a hotel operator in a dispute stemming from a hotel management agreement relating to a project in Qatar, against the hotel owner; 
  • acting for a Middle Eastern company in relation to a disputed franchise agreement in the Gulf region; 
  • representing a UK satellite operator in relation to a disputed sales contract for the purchase of high-value equipment for use in satellite activity; 
  • acting for a client in relation to a dispute arising from a disputed fuel oil contract agreement in the Middle East; 
  • defending a multinational energy corporation in an LCIA arbitration concerning a disputed personnel agreement in connection with a drilling operation in central-Europe;  
  • defending one of Latin America's largest steel producers in an LMAA arbitration in the context of a disputed purchase agreement;  
  • acting for two US individuals as claimants in an ICC arbitration, against a publicly-listed European company, concerning a disputed share sale agreement;  
  • defending a UK company in an ICC arbitration concerning a dispute relating to the satellite/outer-space sector;  
  • acting for a well-known and successful Middle-Eastern company, as claimant in an ICC arbitration, in respect of a joint venture dispute relating to the food retail industry across the Gulf region; 
  • defending a West-African State in an LMAA arbitration concerning a disputed joint venture agreement, relating to ferry services;  
  • acting for the owner of a prestigious hotel in France, as claimant, against a well-known hotel operator, in an ICC arbitration relating to a disputed hotel management agreement;  
  • defending a Middle-Eastern businessman and his group of companies against another Middle-Eastern professional, in an ICC arbitration, in a dispute relating to luxury real estate in Saudi Arabia;  
  • acting for a French company in an ICC arbitration against a Chinese company, in the context of a disputed international distribution agreement concerning pharmaceutical products.

Investor-State Arbitration experience

Examples of investor-State arbitration experience include, or have included:

  • acting for the Claimants in Veolia Environnement S.A. and others v. Republic of Lithuania (ICSID Case No. ARB/16/3), a dispute arising under the France-Lithuania bilateral investment treaty, in relation to Lithuania's district heating sector;
  • acting for the Applicant in an annulment proceeding, before an ad hoc committee, concerning the award rendered in Alghanim v Hashemite Kingdom of Jordan, ICSID Case No. ARB/13/38;
  • acting for the Claimant, a US national, in an UNCITRAL arbitration concerning a dispute under a bilateral investment treaty in relation to allegations of breach, arising out of the expropriation of the Claimants' investments in the film and real estate industries in central Europe; 
  • acting for the Claimant, a Canadian national, in an UNCITRAL arbitration concerning a dispute under a bilateral investment treaty in relation to allegations of breach, arising out of the expropriation of the Claimants' investments in the film and real estate industries in central Europe; 
  • acting for the Claimants in Alghanim v Hashemite Kingdom of Jordan, ICSID Case No. ARB/13/38, a dispute under a bilateral investment treaty in relation to allegations of breach arising out of taxation in the telecommunication sector;
  • acting for the Applicant in an annulment proceeding, before an ad hoc committee, concerning the award rendered in Carnegie Minerals (Gambia) Limited v. Republic of The Gambia, ICSID Case No. ARB/09/19;
  • advising a UK, AIM-listed, company in relation to potential ICSID proceedings against a West-African State, concerning a dispute in the oil sector;  
  • acting for the Claimants in Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania, ICSID Case No. ARB/10/13, a dispute under a bilateral investment treaty in relation to allegations of breach, arising out of the expropriation of the Claimants' investments in the press distribution and real estate industries; 
  • acting for the Respondent in African Petroleum Gambia Limited (Block A4) v. Republic of The Gambia, ICSID Case No. ARB/14/7, in an ICSID Arbitration concerning a dispute in relation to an exploration licence for an oil field (case settled at an early stage); 
  • acting for the Respondent in African Petroleum Gambia Limited (Block A1) v. Republic of The Gambia, ICSID Case No. ARB/14/6, in an ICSID Arbitration concerning a dispute in relation to an exploration licence for an oil field (case settled at an early stage); and 
  • acting for the Respondent in Carnegie Minerals (Gambia) Limited v. Republic of The Gambia, ICSID Case No. ARB/09/19, in an ICSID Arbitration initiated by the subsidiary of a mining company, over the termination of a mining licence. 

Formation

The College of Law, London, LLB, Honours

The College of Law, London, LPC

The College of Law, London, Graduate Diploma in Law

University of Birmingham, BA, with honors, Modern History and Modern Languages

Inscription au Barreau

Barreau

  • Paris
  • England and Wales

Tribunal

  • Solicitor Advocate with Higher Rights of Audience (Civil)
  • "Global Leader" (International Arbitration), Who's Who Legal 2022.
  • "Future Leader" (International Arbitration), Who's Who Legal, 2017, 2018, 2019, 2020, 2021
  • Listed as a Next Generation Partner for International Arbitration and key lawyer for International Arbitration and Oil and Gas. ‘Raid Abu-Manneh and newly promoted Rachael O’Grady were both easy to work with and clear in their communications.‘ They 'both demonstrated ease at getting to grips with complex issues as they evolved. - Legal 500 2022.
  • Listed as a 'Rising Star' and under 'Other key lawyers' 'Senior associate Rachael O'Grady is successful because of her commitment, research skills, writing ability and judgement'. - Legal 500 2020 International Arbitration.
  • Listed as a Next Generation Lawyer, notable senior associate Rachael O'Grady "develops an impressive understanding of clients' business" - Legal 500 (International Arbitration)2018.
  • "provides rock-solid case management" - Legal 500 (International Arbitration) 2017.