David is a barrister and arbitrator practising almost exclusively on cases in the areas of international arbitration, international commercial law, investment law and international trade. He has particular experience of the oil and gas industry and has represented oil majors, State Governments and State Owned Enterprises in major litigation and arbitrations.
David has conducted litigation in the English Courts at all levels (including House of Lords) and before numerous international arbitral tribunals (under ICC, LCIA, UNCITRAL and LMAA rules and in ad hoc arbitrations). He has represented clients in significant mediations and ADR procedures. David has previously been listed by Chambers & Partners as a “leader at the Bar” in the field of international commercial arbitration.
The directory referred to his ability to “present complex technical information into user friendly language”
Appointments & Memberships
David holds the following arbitral appointments:
■■ CIETAC (panel arbitrator appointed May 2017)
■■ LCIA (institution appointed arbitrator 2015)
■■ Shenzhen Commission for International Arbitration (appointed to the panel of foreign arbitrators 2015)
■■ Thailand Arbitration Centre (appointed as a member of the advisory committee 2015 and as panel arbitrator August 2017)
David is Director of the LLM in Arbitration and Dispute Resolution at City University Hong Kong, and Professor of Law at Jiaotong University, Xi’an, PR
China. David is also the General Editor of the International Arbitration Law Review (Sweet & Maxwell, London). He is co-author of Schmitthoff: The Law
and Practice of International Trade (11th and 12th editions with 13th edition pending)
Naraji v Shelbourne
Instructed as junior counsel in a professional negligence action against a US sports surgeon. Had responsibility for specific issues relating to jurisdiction and conflict of laws.
Svenska v Government of Lithuania and Others
Instructed by the Government of the Republic of Lithuania to defend enforcement proceedings of an ICC arbitration award to the value of US$15million. The case arose from a dispute involving a Joint Venture oil exploration agreement entered into at the time of Lithuanian independence (the first such investment contract signed by that State). The defence involved the law of State Immunity and its interrelation with the law relating to the enforcement of arbitral awards. Instructed as part of an international team of lawyers working on parallel enforcement proceedings in England, Lithuania and Germany. Appeared as junior counsel in the English Commercial Court and Court of Appeal hearings and drafted the relevant submissions which were extensive and involved both English and international jurisprudence.
Rowan Gorilla V
Instructed (whilst working at a firm of city solicitors) on behalf of the successful reinsurer in respect of the unlawful failure to take delivery of an Oil Rig.
Thoresen (Bangkok) Ltd v Fathom Marine & Others
Instructed (whilst working for a firm of city solicitors) on behalf of the successful shipowner in a ship sale and purchase dispute involving ships with a value of US$ 42million.
Kuwaiti Oil Tanker Company v Q, A and others
Instructed on behalf of a state owned oil company in a dispute arising out of a US$130million fraud. Appeared as junior counsel in one aspect of the case in the House of Lords.
David has been instructed to advise on matters relating to private international law, jurisdiction and arbitration clauses and enforcement of judgments and awards in a range of contexts, specifically in relation to commercial contracts in the energy sector, sale and carriage of goods, joint ventures, media and telecommunications and commercial law.
■■ International Arbitration Law Review (Sweet & Maxwell). - General Editor (1998-present)
■■ Co- author of Schmitthoff: The law and Practice of International Trade (11th Edition Sweet & Maxwell September 2007, 12th Edition 2012, 13th
Edition in progress)
■■ Avoiding Duplicative Litigation about Arbitral Awards within the EU. Oxford Journal of International Dispute Settlement. (2011, 2 435-457)
■■ Retour sur la comity: les origines de la comity au carrefour du droit international privé et du droit international public.(Journal du droit international
(Clunet), with Thomas Schultz, December 2011 Volume 3 pp.863-886)
■■ Retour sur la comity: la comity dans l’histoire du droit international privé. (Journal du droit international (Clunet) with Thomas Schultz, March 2012
Volume 1 pp. 572-595)
■■ Research Handbook on Sanctions and International Law (ed. van den Herik). Book chapter, “The impact of International Economic Sanctions in
International Arbitration”; published by Edward Elgar in July 2017.
■■ Dispute Resolution in the One Belt One Road Area, Book chapter, “One Belt One Road One Dispute Resolution clause”, with Michael Hwang SC
(submitted, to publish in 2018).
■■ The Cambridge Research Compendium of International Arbitration. Book Chapter, “State Control of Arbitration by National Courts” (submitted, for
publication in 2018), editors Ferrari, Bjorklund, Kroell).
■■ Numerous case notes and shorter articles about international arbitration law.
Conferences & Seminars
David has a wealth of experience in leading and speaking at numerous conferences and seminars:
■■ British Institute of international and comparative law Annual Review of the Arbitration Act 1996. Invited to present a papers at the 2009 and
2010 sessions on “Incorporation by reference, an extension of arbitral jurisdiction” and “Post West Tankers”.
■■ The New IBA Rules on Taking of Evidence. Hungarian Chamber of Commerce Conference to mark the 149th anniversary of the Hungarian Bar
Association in Budapest April 2011.
■■ Third party funding in international arbitration. Paper presented at the annual conference of the Vienna Court of International Arbitration
(VIAC), Vienna September 2012.
■■ Journal of Private International Law Madrid Conference, September 2013 (Comity in European Private International Law)
■■ Arbitration and International Law. University of Edinburgh on 14 March 2014.
■■ Arbitration and Private International Law, Edinburgh March 2015.
■■ Dispute Resolution in the One Belt One Road Initiative. Helsinki, May 2016. Xi’an November 2016.
■■ NYU/THAC arbitration seminars, Bangkok September 2016 and June 2017, with Prof. Franco Ferrari of NYU.
■■ UNCITRAL/ IDRA Arbitration Masterclass, University of International Business and Economics, Beijing October 2017.
■■ Dispute Resolution in the One Belt One Road Initiative. Belgrade Arbitration Conference, April 2018.
■■ The importance of choice of law and venue in international contracts. UNCITRAL arbitration and dispute resolution conference Tehran
■■ Regularly present training seminars to various professional bodies on specific aspects of commercial law and litigation and arbitration practice
and procedure including arbitration training and judicial training.
■■ COMBAR (the commercial bar association)
■■ Arbitrator with the LCIA, SCIA and THAC
■■ London Irish Lawyers Association (Founding member and committee member)
■■ British China Lawyers Association
■■ Chartered Institute of Arbitrators (MCIArb)
■■ Scottish Centre for International Law (faculty member)
■■ External examiner at the School of International Arbitration Queen Mary University of London (2012-15)
■■ Visiting fellow at the University of Geneva (MIDS) (2011/12)
■■ Churchill College Cambridge University, 1989-1992 BA Hons Law (2:1) 1992. Cambridge University Squire Law Scholar 1992. MA 2003.
■■ European Master of Law and Economics (Erasmus University Rotterdam 1997)