John McMillan
Call: 2012
"John provided very strong advocacy support and demonstrated a very clear and persuasive style that marks him out as a star in the making."
Chambers & Partners UK Bar 2024
Languages:
Clerk Details
Practice Summary
John McMillan is a “talented barrister” who is “really analytical” (Chambers and Partners, 2022). Clients say that he “has real star quality,” is able to “process large volumes of information at light speed,” and is “very strong on his feet” (Legal 500, 2022).
He specialises in commercial arbitration and litigation, with a focus on the construction, engineering, energy, and technology sectors. He is recommended by Chambers and Partners, Legal 500 and Who’s Who Legal for international arbitration, and by Chambers and Partners and Legal 500 for construction.
His recent experience includes:
acting as sole counsel in a week-long, USD 20 million ICC arbitration relating to the sale of a number of aircraft;
acting as junior counsel in a three-week, USD 400 million LCIA arbitration relating to the construction of an LNG facility in the Middle East;
acting as junior counsel in a three-week, USD 1 billion ICC arbitration concerning the construction of a near-shore marine works at an LNG facility;
acting as sole counsel in a Part 8 trial concerning the construction of an automotive manufacturing facility in East Asia; and
acting in adjudication enforcement proceedings in the TCC (including Illuminesia Limited (t/a Alterego Facades) v RFL Facades limited [2023] EWHC 3122 (TCC)).
While he has experience of all major contract forms, he has particular expertise in the FIDIC suite of contracts. He has acted in disputes involving the Yellow, Red and Pink books, and has appeared in 10 Dispute Board hearings in the past few years with values ranging between USD 5 million and USD 150 million.
He has conducted advocacy in a wide variety of settings, including the TCC and Chancery divisions of the High Court, international arbitration, Dispute Boards, the County Court, adjudication, and the First Tier Tribunal (in relation to a claim under the Building Safety Act 2022).
Having studied Chinese at Oxford University, John speaks and reads Chinese. He has acted in disputes for and against Chinese clients, in which he has been required to review Chinese-language documents.
His international work has included disputes in China, Hong Kong, Korea, Singapore, Australia, Germany, Ghana, Angola, South Africa, Uruguay, Brazil, Afghanistan, Iraq, Syria, India and Pakistan, among other jurisdictions.
In the right case, John is willing to act pro bono. In 2023, he successfully represented an individual in a claim arising from a domestic building contract in a 2-day County Court trial.
Practice Areas
Construction & Engineering
Construction & Engineering disputes have always been central to John’s practice. Recent highlights include:
Acting in High Court, First Tier Tribunal and adjudication proceedings relating to a number of fire-safety related disputes for owners, contractors and tenants
Acting in adjudication enforcement proceedings in the High Court and County Court
Representing the claimants in $180m arbitration relating to the construction of an underground metro station
Representing the claimant in a series of high-value FIDIC Dispute Board hearings relating to the construction of two power stations in Africa
Acting as sole counsel in High Court litigation regarding the construction of an automotive manufacturing facility in East Asia
Representing a State in relation to a $200 million dispute arising from the construction of a major road, involving several FIDIC Dispute Board proceedings and a SIAC arbitration
Representing South American clients in an $85 million ICC arbitration relating to the construction of a biofuels facility in South America
Representing a European contractor in two ICC arbitrations (one against the employer and one against a subcontractor) relating to the construction of an industrial facility in South America
Representing a global oilfield services company in an ICC arbitration relating to the drilling of oil wells in the Middle East
John has experience of the FIDIC, NEC, JCT and LOGIC forms.
Energy & Natural Resources
John has wide experience of energy & natural resources disputes, especially in the oil and gas sector. Recent highlights include:
Representing the owner of an LNG facility in the Middle East in a $400 million arbitration
Representing an Australian contractor in a billion dollar arbitration concerning near-shore marine works at a gas processing facility
Representing an oil and gas exploration company in a $60 million ICC arbitration arising from a joint operating agreement for an offshore oil concession in West Africa
Representing a global oilfield services company in an ICC arbitration relating to the drilling of oil wells in the Middle East
Advising on enforcement of an arbitral award relating to a multi-billion dollar dispute arising from the development of gas fields in Northern Iraq
Representing South American clients in an ICC arbitration relating to the construction of a biofuels facility in South America
International Arbitration
John has advised on or acted in arbitrations under the ICC, LCIA, SIAC, UNCITRAL, ICC, NAI and ICSID rules, involving common-law, civil-law and international-law issues. Recent highlights include:
Representing an airline in a $20 million LCIA arbitration relating to the purchase of a number of aircraft
Representing the owner of an LNG facility in the Middle East in a $400 million arbitration
Representing an Australian contractor in a billion dollar arbitration concerning near-shore marine works at a gas processing facility
Representing a Chinese company in a $1 billion ICC arbitration arising from purchase of a company in another East Asian jurisdiction
Representing a leading European manufacturing company in a multi-billion dollar ICC arbitration relating to disputes with a major Japanese manufacturer
Representing a financial institution in a $200 million LCIA arbitration relating to the alleged negligent valuation of complex assets
Representing an American healthcare company in a $150 million ICC arbitration relating to an agreement to develop a pharmaceutical facility in the Middle East
Acting as secretary to the tribunal in an ICC arbitration relating to disputes between a State and a European engineering company
John has also advised on investor-State arbitrations, including:
Advising on a jurisdictional dispute arising from an arbitration under the Energy Charter Treaty
Advising a State entity on its international-law obligations arising from an investor-State arbitral award
Advising on an ICSID arbitration claim
Further examples of John’s arbitration experience can be found under Construction & Engineering and Energy & Natural Resources.
Commercial
John has wide experience of commercial disputes and frequently advises on post-M&A, joint venture and sale of goods disputes. Recent highlights include:
Advising a Hong Kong property development company on a complex, multi-jurisdictional loan transaction
Advising an American technology company in relation to a $1 billion post-M&A dispute with a Chinese technology company
Advising an American food and beverage company in relation to a $200 million post- M&A dispute with Chinese investors
Advising a European aviation company on disputes arising from an engine maintenance contract
Advising an American pharmaceutical company on a patent licensing dispute with a British company
Advising a joint venture in West Africa on a sale of goods dispute with a vendor
Further examples of John experience of commercial disputes can be found under Construction & Engineering, Energy & Natural Resources, and International Arbitration.
Professional Negligence
John also has experience of professional negligence disputes. He has acted in:
Multiple cases relating to fire-safety defects in high-rise buildings
High Court litigation regarding the hydraulic modelling for river diversion works
An ICC arbitration relating to the design of a biofuels facility
An LCIA arbitration relating to the valuation of complex assets
Linked High Court and adjudication proceedings relating to cladding on a high-rise block in London
Other Information
Education & Career
Professional Career
Tenant, Keating Chambers
WilmerHale, London, 2014-2020 (Associate: 2014-2016; Senior Associate 2017-2019; Counsel: 2020)
Education
Bar Professional Training Course, City University, London, 2012 (Outstanding)
Graduate Diploma in Law, City University, London, 2011 (Distinction)
BA Chinese, Wadham College, University of Oxford, 2004-2008 (First)
Privacy Policies
Appointments & Awards
City University: Oxford University Press Prize for Advocacy and Procedure (2012).
Lincoln’s Inn: Megarry Scholarship (2012), Denning Scholarship (2011), Hardwicke Entrance Award (2010), Haldane Scholarship (2010).
Oxford University: Gibbs Prize for Oriental Studies (2006).
Wadham College, Oxford: prize for examination results (2008), scholarship (2005, 2006).
Seminars & Publications
Assistant Editor, Journal of International Arbitration (2017-2021).
Taught cross-examination class at Africa Arbitration Academy (London, June 2019).
Spoke about working with expert witnesses at seminar organised by Delos and Grant Thornton as part of London International Disputes Week (London, May 2019).
Co-author of the England & Wales chapter, International Comparative Legal Guide to International Arbitration (Global Legal Group, 2016-2019).
Taught class on cross-examination as part of the L.L.M. in International Business Law at the Université Libre de Bruxelles (Brussels, December 2018).
Spoke about the ethics of arbitrators marketing themselves at Cambridge Arbitration Day (Cambridge, March 2018).
Taught class on arbitral awards as part of the LSE Law Society’s International Arbitration Academy (London, March 2018).
‘The Evaluation of Witness Evidence in Time-Limited Arbitral Proceedings: The Chess-Clock and the Rule in Browne v. Dunn’ in Young Arbitration Review (No. 24, January 2017).