Lauren Lindsay

Practice Areas

- Civil and commercial litigation and dispute resolution

- Arbitration

- Insurance and reinsurance

- Public international law and investment treaty law

Career

Lauren Lindsay has a wide-ranging commercial litigation and international arbitration practice and acts as lead and junior counsel in either forum. More recently, Lauren has acted as lead defence counsel in a complex SFO prosecution in the High Court and been appointed as Counsel-assisting the Coroner for a Coroner's inquiry.

Lauren has been instructed on cases before the High Court, Court of Appeal and Supreme Court of New Zealand, and frequently appears as counsel in international commercial and investment treaty arbitrations across the Americas, Europe and Asia. Lauren also sits as an arbitrator with experience in arbitrations under the ICC and LCIA Rules.

With tertiary qualifications in biology and a passion for science, Lauren has developed a specialism in disputes that require an understanding of scientific principles, whether that be biology, statistics or mathematics. She has particular expertise in disputes arising in the life sciences, pharmaceutical, telecommunications, energy, insurance and financial services sectors. She is often instructed to assist parties to deal with complex damages claims, which suits her scientific background.

Lauren also provides support on contentious corporate and transactional issues. Lauren has expertise in advising on public international law, on force majeure clauses and in issues concerning frustration of contracts. Lauren advises on the drafting of dispute resolution clauses for all types of contracts, including complex multi-party, multi-contract transactions.

Lauren is admitted in New Zealand and England & Wales. She is also a fellow of CIArb, a fellow of ACICA, and a fellow of AMINZ. In 2022, Lauren was appointed as a NZ member of the ICC Commission on ADR and Arbitration, a three-year term.

Lauren grew up in Vanuatu, in the South West Pacific, a French-British condominium. She obtained her LLB(Hons) and BSc (majoring in genetics) from the University of Auckland in New Zealand and an LLM from the European University Institute in Florence, Italy on a full scholarship. Lauren is a bilingual French and English speaker and also has a working knowledge of Spanish.

Professional Memberships

Chartered Institute of Arbitrators (Fellow)

Australian Centre for International Commercial Arbitration (Fellow)

Arbitrators’ and Mediators’ Institute of New Zealand (Fellow)

New Zealand Law Society (Member)

Law Society of England & Wales (Member)

New Zealand Bar Association (Member)

IBA, Arbitration Committee (Member)

ICCA (Member)

International Law Association (Member)

New Zealand Dispute Resolution Centre (Arbitrator Panel)

New Zealand International Arbitration Centre (Arbitrator Panel)

New Zealand Insurance Law Association (Member)

Hong Kong International Arbitration Centre (List of Arbitrators)

Singapore International Arbitration Centre (Panel of Arbitrators)

Publications

Polly Pope and Lauren Lindsay “Confidentiality in Commercial Litigation and Arbitration” (NZLS CLE, 2019)

Lauren Lindsay and Jovana Nedeljkov “Damages for Breach of Contract” (Thomson Reuters, Practical Law, 2019)

Anna Kirk and Lauren Lindsay "Arbitration" [2020] New Zealand Law Review 639

L Lindsay and S Trafford, New Zealand Chapter in "Force Majeure and Hardship in the Asia Pacific Region" (2021, Juris Publishing)

Hon Paul Heath KC, Dr Anna Kirk, Ben Prewettt & Lauren Lindsay International Arbitration Laws and Regulations in New Zealand (ICLG International Arbitration 2022) (August 2022)

Work Highlights

Insurance dispute between a Trust and Insurers (Christchurch High Court): Lauren acts for the trust policyholder in a dispute with insurers arising out defective repairs undertaken after the Christchurch earthquake. The case involves several issues including election to repair, the scope and application of an insurer’s duty of good faith and consequential loss.

Contractual and IP dispute between US company and Chinese company (HKIAC Rules, Hong Kong): Lauren acted for a respondent Chinese company in an international commercial arbitration worth over USD100 million arising under a technology transfer licensing agreement.

Tower Insurance v Earthquake Commission (Auckland High Court): Lauren acted for Tower insurance in its claim against EQC, arising out of the Christchurch Earthquake Sequence and the proper allocation of respective claim settlements for over 3,000 properties. The case concerned equitable subrogation, equitable contribution and recoupment.

Biotechnology Company v Wholesale Pharmaceutical Company (LCIA Rules, London): Lauren sits as a co-arbitrator in a dispute arising under an international agreement for the supply of medical devices governed by English Law.

Dispute between US Company and Chinese Company (ICC Rules, London): Lauren acted as counsel for a large multinational Chinese company in the ICT sector in a multi-billion dollar, multi-jurisdictional licensing and competition law dispute concerning the fair, reasonable and non-discriminatory (FRAND) licensing of standard essential patents.

‍Dispute between Malaysian entity and Asian state (ICSID, Washington DC): Lauren acted for an Asian state, defending a claim of expropriation by a Malaysian developer, concerning a multi-billion dollar development. The case concerned the still novel claim of judicial expropriation.

Languages Spoken

English

French

Education