Ben Olbourne

B.Ec (Syd); B.A. (Hons) (ANU); LLB (Hons) (Syd); LLM (Cantab)

Areas of expertise

Talk to a clerk

Clerks' direct contact:
+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com
Request a call back

Ben provides advice and advocacy services across a wide range of commercial disputes. He is familiar with proceedings in a range of courts (eg. Commercial Court, QBD, Mercantile Court, Technology and Construction Court, Court of Appeal) and under a variety of arbitral rules (including LMAA, LCIA, ICC, UNCITRAL, ICSID, GAFTA, FOSFA, and RSA). Ben also has experience of arbitration-related applications including challenges to awards under ss 67-69 of the Arbitration Act 1996 as well as applications for interim and post-judgment relief (including applications for extensions of time, freezing orders, preservation of property, appointment of receivers, and registration, recognition and enforcement of foreign judgments).

Before commencing practice at the Bar, Ben assisted in the preparation and/or presentation of numerous cases before international courts and tribunals, including the ICJ, WTO, ECHR and investment tribunals. Since commencing practice, Ben has been junior counsel to the Indian Government in the Dabhol arbitration (Bechtel & GE v Government of India) and for the Applicants before the European Court of Human Rights in Carson & Ors v United Kingdom (App No. 42184/05) and related cases in which more than 20,000 applicants are challenging the UK Government's failure to index pensions paid to British pensioners resident in certain counties. Ben has advised governments (both the UK and foreign), state entities and private parties on a range of international law subjects including treaty interpretation, UN sanctions, humanitarian law, refugee rights and obligations, human rights, diplomatic and state immunity, and international investment under bilateral investment treaties and ICSID.

Since his appointment as a Junior Counsel to the Crown (C Panel), Ben has been instructed in a number of domestic proceedings raising issues of public international law and human rights.

Specialisations: 

  • General commercial litigation
  • International arbitration
  • Private international law
  • Shipping
  • Commodities/international trade
  • Public international law
  • Constitutional, public and human rights law

Principal Cases: 

General commercial litigation

Club Cruise Entertainment v Department of Transport (2009) 1 Lloyd's Rep 201 (claim for damages for conversion and detention in respect of vessel detained by port authorities following outbreak of norovirus)

Swift Fortune Ltd v Magnifica Marine SA ( The "Capaz Duckling") (2008) 1 Lloyd's Rep. 54 (worldwide-freezing injunction to retain deposit after failure of completion of ship sale and purchase)

PT Berlian Laju Tanker TBK v Nuse Shipping Ltd (The "Aktor") (2008) 2 Lloyd's Rep 246 (ship sale and purchase, construction and rectification of contract on the Norwegian Sale Form)

Masri v Consolidated Contractors [2009] QB 450; (2009) 2 WLR 621; (2008) 2 Lloyd's Rep 128 (CA) (post-judgment relief - receivership, freezing order, affidavit of assets, jurisdiction under English, European and international rules)

Masri v Consolidated Contractors [2008] EWHC 1159 (Comm); [2009] EWCA Civ 36 (interpretation of English receivership order and effect of foreign court order)

Masri v Consolidated Contractors [2009] EWCA 194 (proceedings arising out of application for examination of officer as to company judgment debtor's assets)

Nicolle v Saunders Morgan Harris Ltd (Wilcox J, TCC, June 2008) (marine surveyor, professional negligence)

5-day arbitration (June 2007) of US$2.5m claim concerning repudiation of ship sale and purchase agreement and damages for late delivery (junior counsel)

4-day arbitration (Feb 2008) of US$50m claim concerning repudiation of four ship-building contracts (junior counsel)

International arbitration

PT Berlian Laju Tanker TBK v Nuse Shipping Ltd (The "Aktor") (2008) 2 Lloyd's Rep 246 (appeal under s.69 of the Arbitration Act 1996);

Lantic Sugar Ltd v Baffin Investments Ltd (applications for declaration as to when arbitral proceedings commenced and extension of time for commencement of proceedings under ss 12 and 76 of the Arbitration Act 1996);

Arbitration (Feb 2007) of US$15m claim for non-performance of contract for purchase of sugar (junior counsel);

5-day arbitration (June 2007) of US$2.5m claim concerning repudiation of ship sale and purchase agreement and damages for late delivery (junior counsel);

4-day arbitration (Feb 2008) of US$50m claim concerning repudiation of four ship-building contracts (junior counsel);

6-day arbitration (Nov 2008) of claims under charterparty concerning supply of off-specification bunkers (sole counsel).

Private international law

Swift Fortune Ltd v Magnifica Marine SA ( The "Capaz Duckling") (2008) 1 Lloyd's Rep. 54 (worldwide-freezing injunction to retain deposit after failure of completion of ship sale and purchase);

Masri v Consolidated Contractors (2008) 2 Lloyd's Rep 128; (2009) 2 WLR 621 (CA) (post-judgment relief - receivership, freezing order, affidavit of assets, jurisdiction under English, European and international rules);

Masri v Consolidated Contractors [2008] EWHC 1159 (Comm); [2009] EWCA 194 (interpretation of English receivership order and effect of foreign court order).

Commodities/international trade

Corro v Almanzora Ltd (HHJ Mackie, Mercantile Court, June 2007) (international sale of goods);

Arbitration (Feb 2007) of US$15m claim for non-performance of contract for purchase of sugar (junior counsel).

Public international law

Bechtel & GE v Government of India (ad hoc ICC Arbitration under UNCITRAL Rules concerning investment in the Dabhol power station);

Nuclear Information Service v SSD and FCO (domestic judicial review proceedings; lawfulness of UK's renewal of its nuclear weapon capability);

Clarkson v SSD (domestic judicial review proceedings; lawfulness of the UK's retention and use of cluster munitions);

Al-Jedda v SSD [2009] EWHC 397 (Underhill J) (claims of false imprisonment by UK forces in Iraq and breach of Article 5 ECHR; defences of non-justiciability, act of state and public policy) (appeal outstanding);

Al-Saadoon & Anor v SSD (domestic judicial review proceedings; claims arising out of detention of Iraqi nationals by UK forces in Iraq and their transfer to Iraqi authorities in order to stand trial in Iraq; allegations concerning scope of Article 1 ECHR and breach of Article 5);

Kammash & Ors v SSD (domestic judicial review proceedings; claims arising out of detention by UK forces in Iraq; allegations concerning scope of Article 1 ECHR and breach of Articles 3 and 5; allegations of breach of UN Convention Against Torture).

Constitutional, public and human rights law

Jackson, Carson & Ors v United Kingdom (App No. 42184/05) (Chamber judgment of 4 Nov 2008; referred to Grand Chamber, judgment awaited) (lawfulness of United Kingdom's failure to uprate state pensions payable to British pensioners resident in Canada, Australia, South Africa and a number of other countries; alleged violations of Articles 8 and 14 ECHR and Article 1 of Protocol 1);

Al-Jedda v SSD [2009] EWHC 397 (Underhill J) (claims of false imprisonment by UK forces in Iraq and breach of Article 5 ECHR; defences of non-justiciability, act of state and public policy) (appeal outstanding);

Al-Saadoon & Anor v SSD (claims arising out of detention of Iraqi nationals by UK forces in Iraq and their transfer to Iraqi authorities in order to stand trial in Iraq; allegations concerning scope of Article 1 ECHR and breach of Article 5);

Kammash & Ors v SSD (claims arising out of detention by UK forces in Iraq; allegations concerning scope of Article 1 ECHR and breach of Articles 3 and 5; allegations of breach of UN Convention Against Torture).

Education and Career: 

Ben has undergraduate degrees from the University of Sydney and the Australian National University and also a LLM from the University of Cambridge. A Major Scholar of the Inner Temple, he was called to the Bar in 2003.

Previously, Ben was an Associate to Gleeson CJ of the High Court of Australia and worked as a Legal Officer in the Office of International Law in the Australian Attorney-General's Department.

Publications: 

  • "The United States Supreme Court and the 'War on Terror': Rasul and Hamdi " (2004) European Human Rights Law Review 558 (with Tim Otty);
  • "Refah Partisi (The Welfare Party) v. Turkey" (2003) European Human Rights Law Review 437-444;
  • "Independence and Impartiality: International Standards for National Judges and Courts" (2003) 2 Law and Practice of International Courts and Tribunals, 97-126;
  • "International torts and choice of law in Australia" (2002) 61 Cambridge Law Journal, 537-540;
  • "Refugees and Internal Armed Conflicts" (2001) 60 Cambridge Law Journal, 446-449;
  • Ben was the co-author between 1999 and 2005 of the digest of "Australian Cases Involving Questions of Public International Law", appearing in the Australian Yearbook of International Law and has written a number of casenotes for the International Litigation Procedure Reports.

Appointments and Society Memberships: 

Junior Counsel to the Crown (C Panel) - March 2008

ASIL, BIICL, Combar, LCLCBA

Lectures and Teaching: 

In 2000-2002, Ben tutored and examined in Torts & Contracts and Public International Law at University College London.

Members with similar specialisations...

Many other members specialise in similar fields. A selection is below.

Queen's Counsel

Junior Counsel