Ben Olbourne

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

Ben has a busy practice providing advice and advocacy services across a wide range of domestic and international commercial disputes. He has acted as sole or junior counsel in proceedings in a range of courts (including the Commercial Court, QBD, Chancery Division, Mercantile Court, Technology and Construction Court, Court of Appeal, and House of Lords) 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, domestic and worldwide freezing orders, preservation of property, appointment of receivers, and registration, recognition and enforcement of foreign judgments).  He has provided expert opinions on English law for use in proceedings in the United States, Korea and Denmark.

Ben has an interest in public international law and human rights.  He has been involved in proceedings before international courts and tribunals (including the ICJ, WTO, ECHR and investment treaty tribunals) as well as in domestic proceedings in the High Court, the Court of Appeal and the House of Lords.  He 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) in 2008, Ben has been instructed in a number of domestic proceedings raising issues of public international law, human rights, and commercial law.

Specialisations: 

  • General commercial litigation (including banking and finance)
  • International arbitration
  • Private international law
  • Shipping/Carriage of Goods (including long-term COAs, bills of lading, time and voyage charterparties, cargo claims, ship sale and purchase, shipbuilding, and marine insurance)
  • Commodities/international trade
  • Public international law
  • Public and human rights law

Principal Cases: 

General commercial litigation

JSC BTA Bank v Mukhtar Ablyazov (various ongoing High Court proceedings) (claims by Kazakhstan National Bank against former owner and chairman for misappropriation of funds)

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Insurance Association (Bermuda) Limited; HMT Intervening [2011] 1 Lloyd's Rep 195 (construction and application of Order made under Counter-Terrorism Act 2008; effect on policy of marine pollution insurance; P&I Club rules; frustration)

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 of the Norwegian Sale Form contract; rectification of contract

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)

International arbitration

Milan Nigeria Ltd v Angeliki B Maritime Co [2011] EWHC 892 (Comm) (successful appeal under s. 69 of the Arbitration Act 1996; successfully resisted challenges under ss 68 and 69)

Lantic Sugar Ltd v Baffin Investments Ltd [2010] 2 Lloyd's Rep 141 (application for declaration as to when arbitral proceedings commenced and successful application for extension of time for commencement of proceedings under ss 12 and 76 of the Arbitration Act 1996)

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

Commodities/international trade

 

Milan Nigeria Ltd v Angeliki B Maritime Co [2011] EWHC 892 (Comm) (cargo claim under Hague-Visby Rules; burden of proof; title to sue; currency of account)

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

Arbitration (April 2011) - claim for non-performance of COA for carriage of cement within the Mediterranean (sole counsel)

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

Shipping

 

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Insurance Association (Bermuda) Limited; HMT Intervening [2011] 1 Lloyd's Rep 195 (construction and application of Order made under Counter-Terrorism Act 2008; effect on policy of marine pollution insurance; P&I Club rules; frustration)

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

Nicolle v Saunders Morgan Harris Ltd [2009] PNLR 8 (construction of rubber inflatable boats, marine safety surveying, professional negligence)

3-day arbitration (April 2011) - US$20 claims for repudiation of two ship-building contracts (junior counsel)

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

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

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

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); [2010] EWCA Civ 758 (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; Grand Chamber, judgment of 16 March 2010) (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); [2010] EWCA Civ 758 (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 First Class Honours degrees from the University of Sydney and the Australian National University and also a First Class 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