Charles Debattista

On shipping matters

• Instructed by Charterers in an off-hire case where issues arose as to the precise point of redelivery where they were to redeliver the vessel on “dropping last outward sea pilot” where no such point existed.
• Instructed by a steel trader in the High Court in a shortage claim where bills of lading stated quantities known by the carrier to be inconsistent with VGM values on the carrier’s shipping database.
• Instructed by Owners in a hire dispute where Charterers withheld hire for a period during which the vessel was under arrest.
• Instructed by Owners whose vessel was ordered to make for a Ukrainian port: safe port warranty and force majeure clause issues.
• Instructed by a logistics platform drafting contractual rules for electronic bills of lading and electronic bills of exchange.

On commodities matters

• Instructed by a crude oil trader in the High Court seeking to enforce a judgment for c£50m, involving injunctions for disclosure, preservation and freezing of assets under CPR Part 25 and also involving the undoing of fraudulent transactions under section 428 of the Insolvency Act 1986.
• Instructed by a coal trader in an LCIA arbitration in a dispute valued at over USD40m arising from the termination of a sale contract on SCOTA terms after fire damage at the relevant storage terminal.
• Instructed by an oilseed trader on a number of arbitrations brought against it by buyers for non-delivery of goods affected by export embargoes imposed by the Indian Government.
• Instructed by a party wishing to challenge an Award under section 69 of the Arbitration Act 1996 on the basis that a notification of force majeure had been served by WhatsApp.

On arbitration law Matters 

• Instructed by a provider of aviation services in an ICC arbitration challenging the jurisdiction of the tribunal in a case involving an overarching Consortium Agreement concluded in an African State and several Service Agreements containing differently worded agreements to arbitrate: issues relating to the Fiona Trust decision and the “centre of gravity” of multiple contracts with conflicting arbitration clauses.
• Settled submissions for a respondent to a FOSFA arbitration challenging the jurisdiction of tribunal in a case involving two contracts said to have been concluded by multiple parties, the central issue being whether the contracts (and their agreements to arbitrate) had actually developed from mere negotiations to concluded contracts.
• Instructed by a party defending an Award against challenge for procedural irregularity under section 68 of the Arbitration Act 1996 on the basis, among others, that cross-examination was unfairly conducted.
• Instructed by a party to advise on a section 24 application for removal of an arbitrator by the High Court.

Started arbitrating in 2002 and has been appointed in hundreds of ad hoc and institutional arbitrations as sole arbitrator, chair, or party-appointed, sitting regularly with retired judges from England and Wales or from foreign jurisdictions, with KCs and with Full Members of the LMAA.

LMAA terms

• Umpire on a bifurcated jurisdictional challenge in a demurrage case
• Lead arbitrator in a reference seated in Hong Kong arising under a ship sale contract.
• Chaired a Tribunal in a high-value super-yacht refurbishment contract.
• Sole arbitrator in a dispute arising out of the allegedly premature termination of a charterparty, raising particularly difficult issues under section 41(3) of the Arbitration Act 1996 (strike-out for want of prosecution).
• Laytime and demurrage, raising difficult procedural problems with one party situated in a warzone making participation in the reference difficult.
• Various off-hire and deduction of hire disputes

LCIA

Sole arbitrator in a reference involving complex issues relating to the separability of an agreement to arbitrate and the effect of a sale of wheat dispute raising complex issues relating to sanctions and illegality.

MMTA (minor metals)

Sale of metal rods values at just under USD1,000,000

HKIAC

Reference relating to a USD100,000,000 credit facility agreement with a sovereign State

Swiss Arbitration Centre

Party-appointed arbitrator in a reference arising out of a sale of goods contract for steel valued at just under USD2,000,000.

Malta Arbitration Centre

Chaired a Tribunal in a reference in a EUR1.5m reference arising out of a superyacht refurbishment contract under ICOMIA Standard Yacht Refit/Repaid Terms.