Practice Summary

In practice at the Bar since 1975. Has appeared in most English courts, including the High Court and Court of Appeal: experience as advocate in lengthy and complex court cases.

Experience as advocate, arbitrator and mediator in complex international multi-million
U.S. dollar disputes in areas including commercial disputes, oil and gas, metals, cotton and banking.
Has been appointed and acted in international arbitrations and mediations in Abu Dhabi, Beijing, Lagos, London, New York, Shanghai, Singapore, Stockholm and Washington.

Recent cases in which he has acted as counsel; mediator; and as party- appointed arbitrator, sole arbitrator and as chairman of arbitral tribunals include:

- appointment to AAA/ICDR Tribunal in Washington D.C. in dispute involving armaments and weapons systems;

- sole mediator in ad hoc case involving North Sea sub-sea oil drilling contracts;

- co –counsel in international cotton arbitrations under the Rules of the International Cotton Association: Turkish and U.S. parties;

- appointment to AAA/ICDR Tribunal in New York in international metals dispute;

- sole arbitrator in LCIA arbitration in European/Chinese joint venture dispute involving manufacture of aircraft equipment (governing law the laws of the People’s Republic of China);

- presiding arbitrator in dispute administered by the Regional Centre for International Commercial Arbitration – Lagos: Nigerian and Canadian parties in dispute relating to installation of Web- Based system for a major Bank (governing law the laws of the Federal Republic of Nigeria);

- advising Chinese lawyers on international metals “scam”;

- sole arbitrator in international metals dispute. UK and Indian parties. Rules of the Chartered Institute of Arbitrators;

- appointed Chairman of CIETAC Arbitration Tribunal. Seat of arbitration Shanghai. Chinese and German parties.

- party – appointed arbitrator in international dispute under the Rules of the Abu Dhabi Commercial Conciliation and Arbitration Center.

- instructed as Counsel by Paris law firm on challenge to an ICC Award in English Courts under the Arbitration Act 1996. Dispute involving a 500 million Euros shipbuilding contract. Libyan and French parties: General National Maritime Transport Company v. STX France SA [2016] EWHC 1187 (Comm), Mr Justice Blair. GAR report at GAR News gar-briefing@lbrbroadcast.com

- appointed as sole arbitrator in international oil arbitration. Spanish and Nigerian parties. Anti-suit proceedings commenced in two jurisdictions.

He has a particular interest and experience in dispute resolution in relation to Oil & Gas, Metals, Banking, Cotton, Art Law, Online Dispute Resolution – and in relation to China.

He has written and spoken on international dispute resolution: Author of the Commonwealth Secretariat’s Manual of International Dispute Resolution. Foreword by Sandra Day O’ Connor, Associate Justice of the United States Supreme Court.

Articles on international commercial dispute resolution have been published in various journals around the world, and he has spoken on the subject at conferences in the UK, Europe, Africa, the Middle East and China.

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Litigation

He has been in practice at the English Bar since 1975. Has appeared in most English courts, including the High Court and Court of Appeal.

Experience as advocate in lengthy and complex court cases.

Arbitration

Chartered Arbitrator: acts in domestic and international arbitration.

Experience as Counsel and Arbitrator in multi-million U.S. dollar international commercial disputes under the Rules of various arbitral and other institutions including:

- International Chamber of Commerce (ICC);
- London Court of International Arbitration (LCIA);
- ICDR (the international section of the American Arbitration Association);
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC);
- London Metal Exchange (LME);
- International Cotton Association (ICA);
- Regional Centre for International Commercial Arbitration – Lagos (RCICAL);
- Chartered Institute of Arbitrators (CIArb).

Counsel and arbitrator in ad hoc arbitrations (including international arbitration
under the UNCITRAL Rules).

ADR/Mediation

IMI Certified Mediator: the International Mediation Institute in The Hague was created by the Singapore Mediation Centre/Singapore International Arbitration Centre; the International Centre for Dispute Resolution/American Arbitration Association (ICDR/AAA); and the Netherlands Mediation Institute.

CEDR - accredited Mediator [1997].

Actively involved in ADR (Alternative Dispute Resolution or Amicable Dispute
Resolution) – in particular mediation - for over 10 years. Experience as Counsel and Mediator in both domestic and high – value international commercial mediations, including acting as counsel or mediator in international commercial mediations in England, China and Singapore.

He has written and spoken extensively on mediation. Articles include:

“The Role of ADR in the Resolution of International Disputes ”published in
Arbitration International, the Journal of the London Court of International Arbitration
(1996);

“ADR and the Lawyer ” published in New Law Journal (1997);

“A Mediation Case Study: An International Mediation in Singapore”. Article on an
international mediation in Singapore (where appointed as sole mediator) published in Asian Journal of Mediation, the Journal of the Singapore Mediation Centre
[2008] Asian J Mediation.

Papers on dispute resolution generally have been published in various journals
worldwide.

Appointed by Her Majesty’s Court Service to create a Mediation Scheme for the
Mayor’s and City of London Court. The Scheme is administered by the City Disputes Panel. The Mediation Providers are the LCIA, the Chartered Institute of Arbitrators, CEDR and IPOS.

Participant as judge and mediator in the International Chamber of Commerce (ICC) 2nd, 3rd and 4th International Commercial Mediation Competitions held in Paris in 2007, 2008 and 2009. Universities from around the world participate in the
Competitions.

Speaker at the ICC’s annual ADR Training programme in Paris (organised under the auspices of the ICC Institute of World Business Law).

Invited to speak at the first Asian Mediation Association’s conference in Singapore in June 2009. Topic: “Developments in cross-border mediation: The use of mediation as part of a ‘filter’ process in cross-border disputes”.

International

Experience as Counsel and Arbitrator in multi-million U.S. dollar international commercial disputes under the Rules of various arbitral and other institutions including:

- International Chamber of Commerce (ICC);
- London Court of International Arbitration (LCIA);
- ICDR (the international section of the American Arbitration Association);
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC);
- London Metal Exchange (LME);
- International Cotton Association (ICA);
- Regional Centre for International Commercial Arbitration – Lagos (RCICAL);
- Chartered Institute of Arbitrators (CIArb).

Counsel and arbitrator in ad hoc arbitrations (including international arbitration
under the UNCITRAL Rules).

Experience in international commercial arbitration and other forms of
international dispute resolution has included cases involving various types of
commercial disputes including:
- contracts for the sale and carriage of goods
- letters of credit
- international metals contracts
- oil trading contracts; oil drilling jack up rig contracts; contracts for the fabrication of sub-sea oil drilling structures for use with FPSOs in the North Sea (Floating Production Storage and Off-loading Vessels)
- joint venture agreements
- franchising
- trademarks; know-how licensing
- hotels
- fashion and clothing manufacturing contracts
- armaments and weapons systems
- finance/ investment contracts
- international cotton contracts

Cases involving the jurisdiction of the arbitral tribunal; governing law; and the enforcement of arbitral awards.

Appointed in various cases by the ICC’s International Centre for Expertise, Paris.

Appointed by the UN’s World Intellectual Property Organisation, Geneva, as panellist in WIPO domain name disputes.

Particular interest and experience in dispute resolution in relation to OIL & GAS, METALS, BANKING, COTTON – and in relation to CHINA.

Sectors

Experience in various International Sectors as Counsel, Arbitrator and Mediator includes the following:

China
Has acted for Chinese clients in international commercial disputes in court hearings and in arbitration hearings in the UK and in China.

Member of the Panel of Arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC): appointed to the Panel in 1997.

Speaker at conferences on international dispute resolution in Beijing, Shanghai, Nanjing and Guangzhou.

Articles relating to China - in particular concerning international dispute resolution - have been published in various journals around the world, including the CIETAC Yearbook (some translated into Mandarin). Article on the 2012 revision to the CIETAC Rules published in New York by the American Arbitration Association’s Dispute Resolution Journal, May –July 2012 Edition.

Member for many years of the English Bar Council / Law Society’s China Law Council. Mentor over a number of years to some ten Chinese lawyers attending the All China Lawyers / China Law Council Training Scheme in England.

Chairman of the CIETAC Foreign Arbitrators’ Forum (www.cfaforum.co.uk)

Oil and Gas
Petroleum and petroleum – related cases have included multi-million U.S. dollar disputes:

Party-appointed arbitrator in US$ 200 million oil dispute: LCIA arbitration under the UNCITRAL Rules;

Oil drilling jack up rig contracts: sole mediator in dispute in Singapore under Rules of London arbitration/mediation institution;

Contracts for the fabrication of sub-sea oil drilling structures for use with FPSOs in the North Sea (Floating Production Storage and Off-loading Vessels): sole mediator in ad hoc mediation in London.

Member of the Energy Arbitrators’ List of the ICDR (the international section of the American Arbitration Association), and member of various Middle East arbitration panels: Abu Dhabi, Cairo, and Dubai.

Post-graduate Certificate of Credit in International Energy Law (London University). Long time member of the Institute of Petroleum (now the Energy Institute).

Speaker at various conferences on Petroleum, in particular in relation to dispute resolution:
Speaker at World Petroleum Council conferences in Shanghai and Qatar;
Speaker at the 5th and 6th Doha Conferences on Natural Gas;
Chairman and Speaker at Abu Dhabi conference on contract risk management in Middle East Oil and Gas;
Chairman of the Organising Committee and speaker at the First International Oil and Gas Conference held at the Guildhall, City of London in 2004; and the Second International Oil and Gas Conference held in London in 2007 at Number One Birdcage Walk.

Metals
Long - standing interest in non-precious metals. Has acted as counsel and sat as arbitrator in international metals disputes:

1. Instructed on behalf of European metals organisation on the enforcement in China of an LME (London Metal Exchange) arbitration award. Worked with major PRC Law Firm in Beijing, conducted meetings with PRC metals organisation and local government officials in Shanghai, and produced Report for Chinese local government in relation to the enforcement of the LME award in accordance with the New York Convention.

2. Member of Panel of Arbitrators in trading dispute between U.S. and Turkish metals organisations in ad hoc arbitration held in London. Application to the Commercial Court in London in relation to the Panel’s interim award is reported as Naporano Iron & Metal Co. v. Sivas Steelworks Inc. [1997] 2 Lloyds Reports 359.

3. Co-counsel in LME arbitration between French and Italian parties in dispute relating to metals trading contracts. Mediation successfully used to resolve the dispute.

4. Co – arbitrator in AAA/ICDR Tribunal in New York in international metals contract dispute.

5. Advising Chinese lawyers on international metals “scam”.

6. Appointed sole arbitrator in international metals dispute: ad hoc arbitration.

Cotton
Co- Counsel in international cotton trade arbitrations.
Author “International Cotton Arbitration”, published in Arbitration International, the Journal of the LCIA, May 2013.

Banking
Post-graduate qualification in international and comparative banking law [as part of M.A. (London) in International Business Law].

Member of the Panel of Arbitrators of the Hong Kong International Arbitration Centre’s Lehman –Brothers – related Investment Products Dispute Mediation & Arbitration Scheme

Appointed over a number of years in various cases by the International Chamber of Commerce’s International Centre for Expertise, Paris.

Instructed by Paris law firm on behalf of Middle Eastern bank as Counsel on application in English courts for freezing order in relation to multi-million US dollar fraud case.

Instructed to advise Middle Eastern government in relation to attempted bank fraud in UK.

Articles, etc on banking published in various international journals:

The ICC’s DOCDEX Rules (Rules of Documentary Credit Dispute Resolution Expertise): articles published in Butterworths Journal of International Banking and Financial Law and in Sweet & Maxwell’s Journal of International Banking Law;

“The Fraud Exception in English Law ”: Chapter in the ICC Commercial Crime Services book “Trade Finance Fraud: Understanding the Threats and Reducing the Risk”;

Section on the ICC’s DOCDEX system in the Commonwealth Secretariat’s Manual of International Dispute Resolution.

Articles on Lehman Brothers published in Hong Kong and London.

Speaker on banking issues at the International Maritime Bureau’s 22nd and 23rd Annual Practical Course on International Trading Problems: Pitfalls and Remedies in International Trade: Morschach, Switzerland.

Online Dispute Resolution

WIPO
Member of the United Nations WIPO (World Intellectual Property Organisation) Domain Name Panel for a number of years, and has been regularly appointed as a WIPO Panellist since 2004.
Cases on which he has been appointed - mainly as sole panellist- have involved as Complainants major international organisations such as:
Pepsi Co, Inc
Hoffmann La Roche
Mastercard
Kodak
AOL, Inc
Sanofi Aventis
Orange
Lego
Mamas & Papas
Chivas Pernod Ricard
Debevoise & Plimpton
Michelin

ICC
He has been appointed over a number of years in various cases by the International Chamber of Commerce’s International Centre for Expertise, Paris. Cases involve online resolution of disputes between international banking organisations.

Articles on Online Dispute Resolution and Electronic Commerce have been published in various journals including-

Sweet & Maxwell’s International Company and Commercial Law Review;
Amicus Curiae, the Journal of the Institute of Advanced Legal Studies;
Centre de Conciliation et d’Arbitrage de Tunis, Tunisian Arbitration Review;
Asian Dispute Review [Published by the Hong Kong International Arbitration Centre.


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