Michael Bowsher KC has a busy practice in public procurement, competition and commercial law, particularly in disputes concerning major public and public-private projects. He is particularly known for his unique practice in government and utility procurement in the United Kingdom, Ireland, elsewhere in Europe and beyond.
Michael Bowsher KC has appeared as counsel in many of the major procurement cases over more than a decade. His contentious practice is complemented by a substantial practice in providing legal and strategic advice for bidders and purchasers throughout the procurement process.
Michael has also has a busy competition law practice. He has acted in a number of recent matters involving essential facilities, competition in payment systems and now acting as leading counsel in a number of collective proceedings brought in the CAT.
In recent years Michael has become increasingly involved in matters involving application and interpretation of investment treaties and trade agreements as well as a range of matters involving the law of Outer Space and its application to the challenges of the commercial exploitation of Space.
Michael continues his active practice in construction and commercial matters which he has continued since his long period as a member of one of the leading construction sets of chambers.
He is active in arbitration and is a Chartered Arbitrator. He is also active as mediator and expert in institutional and ad hoc procedures. Most of his appointments as arbitrator involve disputes concerning investments or long term contracts involving the public sector or utilities. He has recently been involved in a number procedures involving disputes in the operation of the NHS.
Michael is a Visiting Professor at King’s College London teaching EU Public Procurement and setting up a Distance Learning Diploma and Masters in Public Procurement law.
Michael is a member of the Bar Library in Belfast and the Law Library in Dublin, and practises actively in Northern Ireland and the Republic of Ireland as well as in England and Wales.
Called to Bar 1985, Middle Temple; QC 2006; called to Northern Ireland Bar 2000; tenant Chambers of Donald Keating QC 1986-88; associate Cleary, Gottlieb, Steen & Hamilton, Brussels 1988-92; tenant Keating Chambers 1992-2001; Monckton Chambers 2001; FCI Arb; chartered arbitrator; CEDR-accredited mediator. Publications of note: Michael has been widely published on a range of topics in EU law, procurement law, competition law, construction and arbitration law. His published material includes the following: Banks & Bowsher, Damages Remedy in England & Wales and Northern Ireland, in Public Procurement Law- Damages as an Effective Remedy ed. Fairgrieve & Lichere (2011); Bowsher & John, The use (and abuse?) of framework agreements in the United Kingdom, in International Public Procurement, a Guide to Best Practice ed. Hernandez Garcia (2009); Bowsher & Moser, Damages for breach of the EC public procurement rules in the UK [2006] PPLR 195; Bowsher, Cross-Border Effects of Judicial Determination of Article 81 (2) EC (In) validity of Contract Current Competition Law vol. IV (2004) ed. Marsden & Hutchings, publisher British Institute of International and Comparative Law; Bowsher, The ECJ, transparency and procurement as an environmental policy: EVN AG & Weinstrom GmbH [2004] lnt Construction Law Review 189; Bowsher, Prospects for establishing on effective tender challenge regime: enforcing rights under EC procurement law in English courts [1994] PPLR 30; Contributor of Procurement law section to 5th, 6th and 7th editions of Keating on Building Contracts. He is currently engaged to act as sole editor of and contributor to a new text book on the principles and practice of UK procurement law. Michael speaks very frequently on various themes concerning procurement, competition and state aid law. Recent speeches to international audiences include the following: speaker on Issues in European IT Procurement and Impact of the European Financial Crisis on Public Procurement at ‘Law and Technology in the Federal Market’- A Public Colloquium at the George Washington Law School, December 1, 2011; speaker on National Champions policies in Procurement and Competition at meeting of Tianjin Lawyers Association in joint meeting held with Bar Council of England & Wales, November 2011; chair of ICC conference in Paris on ‘The new EU Directive: Towards Market-Based Defence and Sensitive Security Procurement’, 1 February 2011.
French (reasonable working knowledge)
Fellow of the Chartered Institute of Arbitrators; TeCSA Panel of Approved Mediators.
Michael is a member of the Bar Library in Belfast and in Dublin, and practises actively in Northern Ireland and the Republic of Ireland as well as in England and Wales.
QC BA (Oxon); FCIArb Chartered Arbitrator; CEDR accredited mediator.