Nominated for International Arbitration Set of the Year at the
2018 Chambers Bar Awards
Arbitration is a means by which parties elect to resolve their disputes by determination by a private tribunal appointed by the parties. Whilst it has been a prominent feature in England since the passage of the Arbitration Act 1889, it has in recent years assumed an ever-increasing importance in matters of international trade and investment and has become a significant part of the dispute resolution practice at 7KBW.
Arbitrations come in three guises: domestic arbitrations (between UK parties held in the UK), international arbitration (where the parties are from different states or the place or seat of the arbitration is in a state other than the parties’ usual place of business), and investment dispute arbitrations (those administered pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID)). Members of 7KBW are regularly involved in all three guises, whether as counsel or as arbitrators.
Our barristers are instructed on a regular basis to appear in arbitration proceedings. We are often instructed in arbitral proceedings, whether taking place in London or in any of the various arbitral centres abroad, including: Paris, Geneva and Stockholm in Europe; Dubai in the Middle East; Hong Kong, Singapore, Korea and Kuala Lumpur in Asia; Sydney in Australia; as well as in many less prominent jurisdictions. We also specialise in applications from arbitral proceedings to the English courts where those courts have supervisory jurisdiction under the Arbitration Act 1996, and also for the purposes of enforcement of foreign arbitral awards.
Our members also have extensive experience in sitting as independent arbitrators in a wide variety of disputes, in in all three guises of arbitration, whether in London (with London as the seat) or with a foreign seat (say, Bermuda). Members have been appointed (as president or as co-arbitrator or as sole arbitrator) by all of the principal arbitral institutions, and on an ad hoc basis by the parties themselves.
As a result of acting as counsel or as arbitrator, our members are familiar with the rules and procedures of the various commercial arbitration institutions, including those of the ICC, LCIA, AAA, SIAC, DIAC, EAA, HKIAC, KCAB, KLRCA, and ACICA, as well as (of course) the UNCITRAL rules; and of the ICSID arbitration rules in relation to investment arbitrations.
7KBW have in place a clerking system designed to ensure confidentiality and separation whenever we have both counsel and arbitrator engaged in the same matter. Our members and clerks also take all necessary steps to ensure that, when sitting as arbitrators, our members render awards on a timely basis.
Please contact the clerks should you wish to discuss arbitration.
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
 EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]
Stephen Hofmeyr QC appeared on behalf of the appellants in this matter on an appeal from a decision of Teare J removing an arbitrator pursuant to section 24 of the Arbitration Act 1996 on the ground that he was not qualified to act. The dispute concerned the construction of clause 15.5 of the Joint Excess […]
Jessica Sutherland, Marcus Mander and Sushma Ananda have been appointed to the panel of arbitrators for the Lloyd’s Arbitration Scheme, Tiers 1 and 2.
 EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]
English High Court boost for Hong Kong arbitration Robert Bright QC succeeded in an arbitration claim on a fixture note providing: “Arbitration: Arbitration to be held in Hong Kong. English law to be applied,” as well as incorporating Gencon 1994. The issue was whether the Arbitration Act 1996 applied, either because the arbitration itself was […]
 EWHC 4071 (Comm) Jurisdiction challenge to arbitration award, applicable law, sale of goods (steel)
Sale of metallurgical coke; guarantee; alleged serious irregularity; section 68 of the Arbitration Act 1996.
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
Charles Priday acted in this successful appeal against arbitration award dismissing claims under a chain of charters. Raised issues of interpretation of awards.
Charles Priday acted in this successful claim for detention of vessel ANDRA in St Petersburg as a result of unjustified US$ 2 million claim for cargo damage.
Charles Priday acted as Counsel successfully in resisting appeal against arbitration award, raising important issues on (1) off-hire under time charters (2) serious irregularity under Arbitration Act 1996 (3) interest claims under Late Payment of Commercial Debts (Interest) Act 1998.
David Bailey QC, Marcus Mander and Elizabeth Lindesay acted for Owners in the latest instalment of the Front Comor case, in which Flaux J. allowed an appeal by Owners from an arbitration award in respect of Owners’ claim against Italian Insurers for equitable damages for breach of the obligation to arbitrate. As is well-known, in […]
Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]
Jonathan Gaisman Q.C., Andrew Wales and Josephine Higgs recently appeared in the Commercial Court in B v S which decided that the Scott v Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction.
 2 Lloyd’s Rep 345 Simon Picken Q.C. led Josephine Higgs in an application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration.
 EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).
 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.