David Owen is a barrister in a leading set of commercial chambers. As a mediator and arbitrator, he primarily specialises in commercial disputes. Within the wide range of matters of which he has experience, his main areas of specialism are:

banking/finance;

insurance/reinsurance;

international trade;

professional negligence;

shipping

sale of goods.

MEDIATION
David has been involved in numerous mediations since being accredited by CEDR in 2003. He has mediated in a wide range of areas, including contract disputes; insurance; shipping; employment; personal injury, and discrimination claims. He also advises on dispute avoidance, and trains/lectures on mediation and related matters. He is a member of the Civil Mediation Council, and is involved in the running of a local mediation scheme.

Examples of cases mediated recently are:

Dispute over the financing of a large, well-known leisure business, and the exercise of options by private equity investors.

Reinsurance disputes, raising issues of pool accounting and duties of pool members.

Claim relating to sinking of a vessel and its subsequent recovery.
Sale of company/property management: dispute over restrictive covenants, warranties, and consultancy fees.

Dispute between a company and director, involving allegations of breach of fiduciary duty and issues as to compensation.

Claims and cross claims between suppliers and retailers involved in the UK fashion industry.

Disputes between parties to a property development joint venture in London.

Personal injury and claims insurance involving serious injuries to a champion athlete.

Complex disputes concerning administration of a family estate.

Construction claim and cross-claims, involving issues as to compliance with building regulations and quantum of damages.

Landlord and tenant dispute involving complex cross claims.

He has also mediated highly-charged disputes involving allegations of harassment and discrimination. He enjoys mastering the detail of difficult cases, often at short notice.

Mediation feedback includes the following:
“David’s approach to a difficult dynamic within the mediation was both flexible and first-class. He recognised the drivers for the key individuals, and was able to facilitate a successful resolution as a result”

“He came to the mediation incredibly well-prepared, and he quickly grasped the issues presented. He also appreciated and dealt effectively with the significant emotional aspects of the case. He did some very effective reality testing without threatening the trust developed with the parties. David has all the qualities of a successful mediator. He is smart, patient, kind, attentive and thoughtful. He is both a good communicator and a sensitive listener.”

“Conscientious and hard-working mediator…I was impressed by his ability and skill to bring two very reluctant parties to the negotiating table and eventually persuade them to resolve their differences”

“Exemplary mediator…approachable (to the clients), direct and thoughtful. Another very important attribute…is that you were not (or did not appear to be) bored by, or disinterested in, all the inevitable haggling. (Some mediators are.)”

“Did a very good job under trying circumstances…”

“David was particularly good at reality testing in relation to litigation risk in a way which was non-confrontational and allowed the parties to move from stated positions”

“He only had sight of the papers at the last moment, but gave the impression of being familiar with the case, and referred to dates and names in a way which is always reassuring to the parties.”

ARBITRATION
He has wide experience of domestic and international arbitration, appearing in arbitrations in London and Hong Kong . He sits as an arbitrator and is a member of the London Court of International Arbitration (LCIA). He is also a member of the Chartered Institute of Arbitrators. He has been involved in references under the rules of the LCIA, the International Chamber of Commerce, and the London Maritime Arbitrators’ Association, as well as numerous ad hoc references. Examples of recent or ongoing arbitrations have involved credit default swaps under ISDA terms; international sugar trading; land development disputes; shipping casualties (fire; grounding) and commodity sales to China.

PROFESSIONAL BACKGROUND
He is regularly recommended as a leading barrister in legal directories. In the Legal 500 Directory (2006) he is recommended in the fields of Commercial Arbitration, Commercial Litigation, Insurance & Reinsurance, Commodities, Energy and Natural Resources, and Shipping. In the Chambers Guide to the Legal Profession (2007) he is recommended in the fields of International Arbitration, Commercial Litigation and Insurance.
Comments from these directories include:
"extensive experience of LCIA, ICC and LMAA arbitrations" (2006);
"significant practical experience...also a respected figure on the academic circuit” (2006);
"work on derivatives has particularly caught the eye of the market" (2006);
“a fine advocate…maintained a strong presence in the market” (2007);
“a new silk carving out a real name for himself in the market” (2007).

He is often retained in large and complex cases. For example, in recent years he has been involved in: litigation concerning the future of the Virgin Mobile phone network and the provision of mobile phone services in the UK; large property development disputes in Hong Kong, on behalf of the Government of Hong Kong SAR; litigation concerning a $100m letter of credit claim, and damages claims pursued by Spanish fishermen against the UK Government in the Factortame proceedings. He has recently acted in a large private equity company acquisition claim, involving complex accountancy and damages issues.

He was junior counsel in Bankers Trust v. Dharmala, the first reported English case dealing with the selling of derivatives. Since then he has been involved in numerous cases concerning derivatives, credit default swaps and complex financial products (such as CDOs). Recently, he acted for Barclays in relation to a CDO claim by HSH Nordbank for $150m.

He is a joint editor of MacGillivray, a leading text-book on insurance law. He frequently deals with insurance and reinsurance disputes. Recently, he has been involved with film finance claims, business interruption disputes, complex product liability claims, and a number of political risk/ expropriation matters concerning risks situated in Cuba , Russia , China and India.

Born in 1958, he was educated at Marlborough College (scholar) and Merton College , Oxford (scholar), where he obtained a First Class degree. Before becoming a barrister, he worked for the Treasury. He was called to the Bar in 1983 and took silk in 2006. He was a member of the Commercial Bar Association Executive between 2001 and 2004. He is proficient in French and has a working knowledge of Italian.

Principal Cases
(Arbitration work is not included below.)

General Commercial & Professional Negligence

Diva v. Carnegie Group Ltd (2006/7): Private equity acquisition – share sale warranty claim – accounting irregularities – damages.

T-Mobile v. Bluebottle & Virgin Mobile (2003) – Mobile phone networks – termination provisions – payment mechanisms – dormant customers – estoppel. R v. Secretary of State for Transport ex parte Factortame Ltd and Others [2001] All ER (D) 1174 : Damages – breach of EC law – fishing quotas.

Liverpool Roman Catholic Archdiocesan Trust v. Goldberg (No. 2) 2001 4 All ER 950:Tax advice – professional negligence – damages – expert evidence.

Eagle Trust v. KPMG Peat Marwick (1995) - Professional negligence - auditors.

Banking, Derivatives and Financial Services

HSH Nordbank v. Barclays (2005) - credit derivatives - collateralised debt obligations - duties of participants - pricing - quantum.

Komercni Banka AS v. Stone &Rolls Ltd and Anor [2002] All ER (D) 239 (Nov): Letter of credit – fraud & implied representation – quantification of loss.

Chigi v. Credit Suisse First Boston [1997] - Regulation of foreign exchange dealings - duties owed by bank to customer.

Merrill Lynch others v. Municipality of Piraeus (1997) - International banking loan and swap agreements - capacity and authority of foreign local authority.

Bankers Trust v. Dharmala [1996] CLC 518 - Banking - derivatives - duty of seller/bank - misrepresentation - anti-suit injunctions.

Bankers Trust v. Editori [1996] CLC 899- Anti suit injunctions - exclusive jurisdiction clauses - articles 17 and 21 of Brussels Convention. Banking - derivatives.

National Bank of Greece v. Pinios [1990] 1 A.C. 637 - Banking - shipping - entitlement to compound interest - duty to customer.

Insurance & Reinsurance

NIB v Axa (2004) - Film finance insurance - disclosure - role of broker.

Mander v. Prudential [1998] LLR 112- Reinsurance - line slips - insurance brokers - duty of care. Punjab National Bank v. De Boinville [1992] 1 W.L.R. 1138 - Insurance - political risks - brokers - duty of care.

Also Punjab National Bank v. Rome and Central Bank of India v. Rome - Insurance - political risks - banking.

Islander Trucking v. Hogg Robinson [1990] 1 A.E.R 826 - Insurance - duties of brokers - limitation periods.

In re Cavalier Ins. Co [1989] 2 Lloyd's Rep.430 - Insurance - illegality - consumer contracts.

Phoenix v. Halvanon [1988] Q.B. 216 - Reinsurance - illegality - implied terms - fac./oblig contracts.

Shipping

Hanjin Shipping v. Procter Gamble [1997] 2 Lloyd's Rep 341 - Shipping - Interpleader - Release of goods by carrier.

The Future Express [1993] 2 Lloyd's Rep.542 - Bills of lading - title to sue - conversion.

National Bank of Greece v. Pinios [1990] 1 A.C. 637 - Banking - shipping - entitlement to compound interest - duty to customer.

The Medusa [1985] 2 Lloyd's Rep. 38 - Arbitration - extension of time - Arbitration Act 1950. s.27.

Pagnan v. Granaria [1985] 2 Lloyd's Rep.256 - Commodity contracts - existence of contract.