Experience
Complex High Value Disputes
Ian’s practice has been largely sector agnostic and truly international in scope. Arbitrations have been seated in all the leading arbitration centres including San Francisco, Houston, New York, Hamilton, Sao Paulo, London, Paris, Frankfurt, Geneva, Zurich, Vienna, Dubai, Singapore, Hong Kong and Tokyo. Notable cases have concerned issues arising in Russia, Ukraine, Kazakhstan and other parts of Central and Eastern Europe, India and various countries in Africa.
Disputes have involved Oil & Gas projects, Renewable Energy projects, Speciality Chemicals, various forms of cross border Investments including Mining Ventures, Insurance, Banking and Finance, Pharmaceuticals, Veterinary Products, Joint Projects, Telecoms, Construction Products, Aerospace, Transportation issues including Train Derailments and Oil Pollution and related losses resulting from the sinking of the oil tanker the Prestige off the coast of Spain and France, the Deepwater Horizon Incident in the Gulf of Mexico and damage to a Refinery caused by Hurricane Katrina.
Bermuda Form Arbitration
Ian has been fortunate to be engaged in a significant number of Bermuda Form arbitrations.
The underlying losses have involved amongst other things:
Losses flowing from mass failures of domestic water pipes
Malpractice within care homes
Chemical contamination of water courses
Oil contamination resulting from flooding of an Oil refinery during Hurricane Katrina
The employment status of parcel delivery drivers
Losses flowing from the Deepwater Horizon Gulf Oil Incident
Alleged issues with Herbicidal chemicals
Losses flowing from a major road traffic accident leading to a 9 figure run-away jury verdict
Human Health issues allegedly resulting from manufacture of and sale of products containing or releasing “forever chemicals”
As a result of the manner in which this type of insurance is commonly structured, several disputes have led to multiple arbitrations impacting different layers within Towers.
Ian is perhaps best known in this area for his involvement acting for Halliburton in challenging the Chair of one Tribunal constituted to determine a claim flowing out of the Deepwater Horizon Incident. That challenge was ultimately heard on appeal by the UK Supreme Court and led to the seminal decision in Halliburton Company v Chubb Bermuda Ltd that redefined amongst other things, arbitrators’ duties of disclosure.
Over the course of the various arbitrations all the main issues that are commonly encountered in these types of dispute have arisen, including:
The definition of “occurrence”
Issues over the adequacy of notice(s)
Whether the occurrence was “expected or intended”
The interpretation and application of exclusions
The “reasonableness of settlements” doctrine
Fraud, Bribery and Corruption
Ian is a member of the ICC Task Force on Corruption in Arbitration and his practice has involved a series of cases in which Fraud and Bribery and Corruption have been significant features. By way of illustration only, three examples of cases acting as counsel:
Acting for major US telecoms group in multi-billion dollar dispute with the Turkish Uzan Family - leading to US RICO proceedings, major international asset tracing and freezing, and ultimately both commercial and investment arbitrations
Acting for UK/US specialist chemicals group in proceedings flowing out of UK and US criminal prosecutions for corruption connected to the UN Oil for Food Program in Iraq
Two LCIA, London seated Arbitrations against an Austrian investment bank resulting from a major fraud by a Russian organised crime syndicate