Adam van Schaik

Adam van Schaik has a broad practice across all areas of commercial law, including insurance and reinsurance, international arbitration, civil fraud, general commercial disputes, commodities, shipping, energy and natural resources, professional negligence and aviation.

Adam’s current and recent led work includes:

Acting, led by Philip Marshall KC, in a circa £3 billion multi-jurisdictional civil fraud and mining dispute.
Being led by Sushma Ananda and Peter MacDonald Eggers KC in a circa £150 million insurance and reinsurance dispute.
Acting in a multi-million pound professional negligence and civil fraud case relating to class-action style construction proceedings in New Zealand.
Being led by Michael Holmes KC in a multi-million pound international commodities arbitration.
Acting in respect of a circa £160 million aviation insurance and reinsurance claim, led by James Drake KC.

Adam has spent time seconded to the insurance litigation departments of a Magic Circle and City law firm.

Prior to joining Chambers, Adam qualified as a solicitor at Slaughter and May where he experienced a wide range of corporate and commercial work involving a number of FTSE 100 companies and other businesses. Adam is used to working in teams and understands the needs of instructing solicitors and clients. Adam was also previously the judicial assistant to the President of the Queen’s Bench Division at the Court of Appeal where he experienced a wide range of appellate work and was involved in several high-profile cases. Adam studied law at the University of Cambridge, graduating within the top ten of his year with a double first and 11 academic prizes.

Although a fully qualified solicitor, Adam currently practices solely as a barrister.

Expertise

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Insurance and Reinsurance

Adam has significant experience in a broad range of insurance and reinsurance work, including marine, liability, energy, aviation, directors and officers, business interruption, property and casualty and construction. Adam also has substantial experience in insurance bond disputes, coverholder/broking disputes and of the Lloyd’s market. Recent matters include:

Acted in a circa £150 million reinsurance dispute concerning fraudulently issued insurance bonds, led by Sushma Ananda and Peter MacDonald Eggers KC.
Acted in respect of a circa £160 million aviation insurance and reinsurance claim, led by James Drake KC.
Advised in respect of insurance claims relating to a multi-million pound investigation into wrongful financial trading.
Acted in relation to the closure of a captive reinsurer.
Acted in a dispute between a coverholder and insurer in respect of profit commissions owed to sub-coverholders.
Assisted in an arbitration, including a two-day hearing, concerning Lloyd’s managing agent negligence.
Advised in a number of cases relating to business interruption loss.
Advised in relation to a complex notification of claim issue regarding an international corporation and high-net-worth owner in the context of allegations of corruption and fraud.
Advised in relation to a number of substantial fire damage claims in respect of fair presentation of risk and breach of policy conditions.
Advised in relation to the application of the Fires Prevention (Metropolis Act) 1774.
Acted in a number of county court claims relating to diminution in value of damaged vehicles.
Assisted in a multi-million-pound Bermuda Form arbitration concerning an insurance claim by an ecclesiastical institution relating to purported cases of abuse.
Assisted in a multi-million-pound dispute, including an interlocutory hearing in the High Court, concerning a claim under an aircraft hull and spares policy relating to a private jet.
Assisted in a dispute concerning an allegedly fraudulent claim on an investment managers insurance policy by a well-known hedge fund.
Assisted in a number of disputes concerning non-appearance insurance in the context of Covid-19 and the cancellation of large events.

International Arbitration

Adam has significant and diverse experience in a broad range of international arbitrations, across a number of different arbitral institutions. Adam also has experience in ancillary court processes, including anti-arbitration injunctions, challenges against arbitrators for bias and overturning awards on the basis of fraud. Recent matters include:

Acted in a multi-billion pound, multi-silk, cross-border arbitral dispute, including seeking to impugn previous arbitral awards for fraud and resisting anti-arbitration injunction relief.
Acted in a multi-million pound international commodities arbitration with Michael Holmes KC, relating to collateral management.
Acted in an ad-hoc, circa £150 million, reinsurance arbitration – led by Sushma Ananda and Peter MacDonald Eggers KC.
Assisted in an international arbitration between a U.K. University and a foreign entity providing educational courses under its name.
Assisted in an international arbitration concerning a brokerage commission dispute regarding the sale of a superyacht.
Assisted in an arbitration, including a two-day hearing, concerning Lloyd’s managing agent negligence.
Assisted in a dispute concerning the continuance of an interim injunction restraining payment of in excess of $300 million from an escrow account pursuant to an arbitration award.
Assisted in a multi-million-pound Bermuda Form arbitration concerning an insurance claim by an ecclesiastical institution relating to purported cases of abuse.
Assisted in relation to a dispute concerning whether the tribunal was functus officio in the context of an international supply of goods arbitration.
Assisted on a number of other international arbitrations including in relation to procedural matters.

Civil Fraud

Adam has significant experience in this area, with over half of his recent case load having involved issues of fraud. Recent matters include:

Acted in a complex investor fraud scheme dispute worth in excess of £100 million.
Acted in an ad-hoc, circa £150 million, reinsurance arbitration – led by Sushma Ananda and Peter MacDonald Eggers KC. The case concerned hundreds of fraudulently issued insurance bonds.
Acted in a multi-billion pound cross-border arbitral dispute, including seeking to impugn previous arbitral awards because of bribery and corruption in the contract tendering and arbitral processes.
Acted in a multi-million pound broker’s negligence claim involving issues of fraud.
Acted in a circa £100 million professional negligence and civil fraud case relating to class-action style construction proceedings in New Zealand.
Advised in relation to a complex notification of claim issue regarding an international corporation and high-net-worth owner in the context of allegations of corruption and fraud.
Advised in relation to a potentially fraudulent claim for property damage and business interruption at a restaurant.
Assisted in a dispute concerning an allegedly fraudulent claim on an investment managers insurance policy by a well-known hedge fund.
Acted in relation to a multi-million pound dispute concerning the authenticity of loan documentation.

General Commercial Litigation

Adam has significant experience of general commercial litigation and his recent, larger, cases include:

Acted in a multi-billion pound cross-border joint venture dispute involving the ownership of mining and other assets.
Acted in a complex investor fraud scheme dispute worth in excess of £100 million.
Assisted in a dispute concerning the purchase of a gambling company, including assisting with advice and pleadings relating to the set-off of claims and summary judgement.
Acting in multiple joint venture and sale purchase agreement disputes.

Commodities, Shipping, Admiralty & Transport

Adam has significant experience in a broad range of matters, including:

Acted in a multi-million pound international commodities arbitration with Michael Holmes KC, relating to collateral management.
Assisted in an international arbitration concerning a brokerage commission dispute regarding the sale of a superyacht.
Assisted, including assisting in drafting advice concerning an anti-suit injunction, in a dispute regarding multiple bills of lading and an Israeli class action law-suit concerning the overcharging of port congestion charges.
Assisted in a substantial charterparty dispute, including in relation to Covid-19.
Assisted in relation to a case concerning allegations of secret commissions in the context of a circa £10 million ship sale.
Assisted in relation to the application of the 1976 Convention on Limitation of Liability for Maritime Claims.
Assisted in relation to the alleged waiver of an unsafe port claim.
Assisting in relation to an international arbitration concerning the purchase of commodity foodstuffs.
Acted in a multi-million pound coal purchase contract dispute regarding quality and misrepresentation.

Professional Negligence

Adam has significant experience in a broad range of matters; recent cases include:

Acted in a circa £100 million professional negligence and civil fraud case relating to class-action style construction proceedings in New Zealand.
Acted in a multi-million pound broker’s negligence claim involving issues of fraud and access to wrongfully withheld capacity provider documentation.
Assisted in an arbitration, including a two-day hearing, concerning Lloyd’s managing agent negligence.
Acted in a multi-million pound international commodities arbitration with Michael Holmes KC, relating to alleged negligence by a collateral manager.

Aviation

Recent cases include:

Acted in respect of a circa £160 million aviation insurance and reinsurance claim, led by James Drake KC.
Assisted in a dispute, including an interlocutory hearing in the High Court, concerning the issuing of a mandatory interim injunction to remove aircraft liens over a substantial fleet of commercial aircraft operated by a national carrier.
Assisted in a multi-million-pound dispute, including an interlocutory hearing in the High Court, concerning a claim under an aircraft hull and spares policy relating to a private jet.

Injunctions

Recent cases include:

Currently instructed in defending an anti-arbitration injunction application in a dispute worth multi-billions of pounds.
Assisted in a dispute concerning the continuance of an interim injunction restraining payment of in excess of $300 million from an escrow account pursuant to an arbitration award.
Assisted in a dispute, including an interlocutory hearing in the High Court, concerning the issuing of a mandatory interim injunction to remove aircraft liens over a substantial fleet of commercial aircraft operated by a national carrier.
Assisted, including assisting in drafting advice concerning an anti-suit injunction, in a dispute regarding multiple bills of lading and an Israeli class action law-suit concerning the overcharging of port congestion charges.

Energy & Natural Resources

Recent cases include:

Acted in a circa 3 billion pound dispute concerning the ownership and operation of a large mining concession in an Africa State. The litigation has involved the BVI, Hong Kong and English courts along with parallel arbitral proceedings.
Assisted in a multi-million-pound dispute regarding petroleum purchasing contracts, including in relation to joinder of parties and the English court’s approach to complex foreign law.
Acted in a multi-million pound international arbitration with Michael Holmes KC, relating to alleged negligence by a collateral manager.

Expertise

Insurance and Reinsurance

International Arbitration

Civil Fraud

General Commercial Litigation

Commodities, Shipping, Admiralty & Transport

Professional Negligence

Aviation

Injunctions

Energy & Natural Resources

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