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Andrew Feld

Andrew joined 20 Essex Street in September 2014 having completed pupillage. He is building a broad practice encompassing all areas of chambers' work, including commercial disputes, insolvency and restructuring, competition law and shipping and commodities.

Andrew is regularly instructed in disputes in the High Court and before a range of arbitral tribunals. His recent cases include:

  • Acting, as junior to Thomas Raphael QC, for an international telecommunications corporation in a multi-million dollar ICC arbitration concerning the rights to use technologies essential to the 2G and 3G standards.
  • Acting as sole counsel in the defence of an $8m claim for repudiatory breach of a COA in the Commercial Court.

 

Before coming to the Bar, Andrew worked for several years as a competition and regulatory economist. He initially practised at the Competition Commission before moving to the private sector as an economic consultant. His experience is an asset in matters involving competition law, as well as in cases of a technical or complex nature more generally.

Andrew read Philosophy, Politics and Economics at Oxford, has a master’s degree in Economics from UCL and came top of his year in the Bar exams.

Specialisations: 

Commercial Law

Andrew is developing considerable experience in large-scale commercial litigation before both the English courts and international arbitral tribunals. He recently appeared successfully in a multi-million dollar IP licensing dispute between two telecommunications corporations under the ICC rules. His other recent instructions include a $2bn claim brought by a sovereign wealth fund against a leading investment bank for rescission of a number of investments on the grounds of fraud and illegality.

Andrew has experience of a variety of other commercial matters, including disputes in relation to share purchase agreements, financial consulting agreements, investment agreements and shipbuilding contracts.

Company and Insolvency

Andrew is developing a practice in all areas of contentious insolvency and company law. Andrew has particular experience of misfeasance actions and other claims and applications brought against directors. He has acted for both office holders and directors in a number of such matters, which have involved allegations of breach of statutory and fiduciary duties, unlawful loans, unlawful distributions and knowing receipt by third parties. Andrew has also acted for office holders in relation to applications for relief in respect of preferences and transactions at undervalue.

Andrew also brings his experience of company and insolvency law to a wider range of commercial disputes. He was recently instructed as sole counsel in an $8m Commercial Court claim concerned with rescission and/or termination of a long term contract of affreightment said to be justified by the insolvency in Singapore of one of the parties. He was instructed by the claimant sovereign wealth fund in its $2bn claim against a global investment bank for rescission of a number of trades on the ground, among others, of breach of fiduciary duty.

Andrew has delivered talks at a number of events organised by R3 on the subject of defending directors from misfeasance claims. He is also a co-contributor, with Blair Leahy, to the chapter “Directors’ Liabilities: Exemption, Indemnification, and Ratification” in the upcoming edition of “Company Directors: Duties, Liabilities, and Remedies” (OUP).

EU and Competition Law

Andrew recently appeared in a multi-million dollar ICC dispute between two telecommunications corporations concerning licence rights in respect of standard-essential patents with the 2G and 3G standards. In addition to the contractual issues, the reference concerns allegations of abuse of a dominant position contrary to Article 101 TFEU based on a failure to licence essential technologies on Fair Reasonable and Non-Discriminatory (‘FRAND’) terms.

He was also recently instructed by a firm of patent attorneys to assist with the competition law aspects of a claim against three multinational telecoms companies for infringement of standard-essential patents within the 3G and 4G standards. The defence to that claim also involved allegations of breaches of Articles 101 and 102, including those based on a failure to licence on FRAND terms.

Andrew has experience of advising on a range of contentious and non-contentious competition law issues, including:

  • Alleged infringements of Article 102 TFEU in the assertion of intellectual property rights over standardised coal trading agreements.
  • The risks of competition law infringements in information sharing agreements.
  • The availability of a ’pass-through defence’ to claims for breach of Article 101 and unlawful means conspiracy in the context of a cartel arrangement.

 

Andrew has a thorough knowledge of the principles and practice of competition economics, having practised as a competition economist for a number of years, particularly in the telecommunications sector. He has a masters in Economics (with Distinction), specialising in microeconomic analysis and microeconometric theory.

Shipping and International Trade

Andrew is building a broad practice encompassing the full range of shipping and commodities disputes, both in court and in arbitration.

His recent instructions have included:

  • Acting as sole counsel in the defence of an $8m claim for repudiatory breach of a COA in the Commercial Court.
  • Acting as sole counsel for a large commodity trader in a $9m Commercial Court claim for breach of long term chemical sales contracts.
  • Acting as sole counsel for a major shipping company in a Mercantile Court dispute concerning container demurrage.

 

Andrew regularly drafts submissions for and appears in arbitrations under the LMAA, GAFTA, FOSFA and LCIA terms in respect of a broad range of shipping and commodities disputes, including:

  • Charterparty disputes
  • Bill of lading disputes
  • Seaworthiness
  • General Average
  • Demurrage
  • Unsafe ports
  • Dangerous cargo
  • Performance disputes
  • Misdelivery
  • Wrongful arrest
  • Off-hire

 

Andrew also practises in insolvency and restructuring. He has brought this experience to bear in shipping and commodities cases involving cross-border insolvency issues and applications to the Companies Court.

During pupillage, Andrew assisted in the preparation for the following cases: Standard Chartered Bank v Dorchester LNG, the “Erin Schulte” [2014] EWCA Civ 1382: Construction of COGSA 1992; circumstances in which a bank becomes a ‘holder’ of bills of lading. Classic Maritime Inc v Swissmarine Services SA, the “Cape Jupiter” [2014] EWHC 960 (Comm): Summary judgment application concerning the scope of individual trips under a trip time charter.

Arbitration and Mediation

Andrew is developing his practice in international arbitration. His recent instructions include:

  • Appearing, as junior to Thomas Raphael QC, for an international telecommunications corporation in a multi-million dollar ICC arbitration concerning the rights to use technologies essential to the 2G and 3G standards.
  • Appearing, as sole counsel, in a $300,000 LCIA arbitration concerning a loan agreement in respect of a shipbuilding contract.

 

Andrew is regularly instructed to prepare submissions in arbitrations under the LCIA, ICC and LMAA rules.

Banking and Finance

Andrew was recently instructed by a leading international bank as part of the FCA’s review of the mis-selling of interest rate hedging products.

During pupillage Andrew assisted with the on-going litigation in Camerata Property Inc v Credit Suisse Securities (Europe) Ltd (a claim in respect of alleged mis-selling of structured products and alleged unauthorised investment). He also assisted with preparation on disclosure and quantum in a claim for an account of profits arising out of FX, FX rollover, futures, options and CFD trades.

Education and Career: 

Education

Brasenose College, Oxford: Philosophy, Politics and Economics BA(Hons) (2007)

University College London: Economics MSc, Distinction (2009)

City University: GDL, Distinction (2012)

BPP Law School: BPTC, Outstanding, top in year (2013)

Scholarships and Prizes

Brasenose College Examinations Book Prize (2005)

Open Scholar of Brasenose College (2005-2007)

Inner Temple Exhibition Award (2011 and 2012)

Outstanding Professional Achievement Award, BPP (2013)

Highest Performing Professional Award, BPP (2013)

Mooting

Runner up, Inner Temple Lawson Moot (2012)

Finalist, City University Moot (heard in the Supreme Court) (2012)

Publications: 

20 Essex Street case update 'No more peeking behind Pergan' October 2015

Appointments and Society Memberships: 

Young Fraud Lawyers Association

Insolvency Lawyers Association