Arbitration

Clive is highly ranked in The Legal 500 for international arbitration. He frequently acts for high net worth clients from all over the world in high value disputes. 

Cases:

Due to the confidential nature of arbitration proceedings, the cases below are anonymised.

Arbitrations – representative cases 

The cases below were for a minimum of $10 million and going up to $500 million.  They involved considerable drafting on statements of case, considering witness statements, contact with experts and preparing of closings.  They are all about contracts.  They contained issues involving experts.  There were considerable cross examination challenges, adapting to a different style required for arbitration from that applicable in the High Court.

  1. In 2015 successfully represented H and partners in dispute against S and partners arising out of contractual construction of terms of settlement deed. Part of fiercely fought dispute going back for about 10 years.
  2. Represented DW in obtaining specific performance of its exclusive licence for the exploitation of a patented wood-processing product in the Far East (ad hoc UNCITRAL Rules).
  3. Representing in 2013 a biotech company in a joint venture with a financier.  Case of complexity requiring an immediate resolution brought on from inception to arbitration hearing within less than five months despite complexity and numerous issues raised by both sides.  Case settled on confidential terms (solicitor: Jones Day: Alastair McCulloch).
  4. Representing in 2011 a major mining company in an LCIA arbitration concerning contracts entered into by the former management in circumstances where they were alleged to have had an undisclosed interest in the counter-party.  Case settled on confidential terms (solicitor: PCB Litigation: Trevor Mascarenhas).
  5. Representing in 2010 a mining company in a LCIA arbitration relating to whether multi-million dollar joint venture mining contracts had been novated.
  6. Representing in 2009 CIS oil and gas company in an arbitration before Stockholm Chamber of Commerce.  Technical issues relating to potential for drilling wells given by experts.  Repudiatory breach of contract and measure of damages (solicitor: PCB Litigation: Steven Philippsohn).
  7. A CIS joint venture agreement before a LCIA arbitrator involving gas and oil issues.  Involved at a late stage in respect of costs and consequential issues and prepared basis of an appeal (solicitor: PCB Litigation: Trevor Mascarenhas).
  8. A Canadian metal dealer against a London broker in connection with front running and other breaches of fiduciary duty (London Metal Exchange arbitration).  Also issues of illegality which led to 20 day hearing before the Tribunal.
  9. Football league arbitration representing a Premier League club and its manager in a claim by a footballer’s agent.

Other relevant experience (all to full hearings)

  1. Construction arbitrations (e.g between main contractor and sub-contractor 15 days).
  2. Arbitrations in respect of domestic contract disputes (e.g contract between local authority and supplier of cleaning services throughout the borough).
  3. Dispute regarding distributorship agreement in the jewellery industry.
  4. Dispute regarding supply of machinery in ICC arbitration in Denmark.
  5. Cases before the Beth Din – Jewish religious arbitral courts subject to the Arbitration Acts e.g. employment and commercial disputes.

Challenges in the High Court

Have acted in the Commercial Court in challenges against arbitrators usually in respect of procedural mishaps or irregularities.  This is particularly challenging because of the reluctance of the High Court to interfere with the result of an arbitration.  The advantage of doing this is that it makes one more alert for the traps which might arise during and in the course of an arbitration.  It is particularly important to know almost by heart the particular rules applicable to the arbitration.

Kohn v Wagschal Lawtel 24/10/2007 : [2007] 2 CLC 720 – Court of Appeal case in inheritance context whether claimant’s case and award based on it bad for illegality since based on dishonest scheme to defraud the Revenue.

Applications to Commercial Court in arbitrations to set aside award based on excessive closeness between Tribunal and one of the parties.

Application to set aside award given in absence of party in construction contract dispute based on non-attending party having insufficient notice of the hearing.  Cross examination before the High Court

Publications, conferences etc.

Editor on section of Civil Appeals (Mr Justice Burton and specialist editors) on International arbitrations.

LCIA symposium on arbitration in May 2011 in Moscow.

Organiser of Littleton Chambers Arbitration Breakfast programme.  Since I became head of chambers, attracted arbitrators of many nationalities who practise from Littleton.  Lectures are given by our members to an audience from the arbitration community.

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