Michael Bowsher QC 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 regulated procurement in the United Kingdom, Ireland, elsewhere in Europe and beyond.
Michael Bowsher QC has appeared as counsel in many of the major procurement cases over more than a decade. He is also heavily involved in providing advice on procurement law and practice in non-contentious situations. He has recently become increasingly involved in matters involving application and interpretation of investment treaties and trade agreements as well as a range of matters involving Outer Space law.
Michael remains very active in competition law matters, having 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.
Michael is active in a range of dispute resolution arrangements. He has often been appointed as arbitrator, mediator and expert by CEDR, LCIA, Chartered Institute of Arbitrators and the Technology and Construction Solicitor Association. Most of his appointments 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 where he teaches EU Public Procurement on the LLM degree course and is Director of the Distance Learning Diploma and Masters in Public Procurement law. Each of these courses includes substantial components concerning procurement by international organisations beyond the EU.
Michael will become Leader of the European Circuit in Autumn 2022.
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.