David Lewis

BA (Jurisprudence) First Class Hons.

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David Lewis specialises in advocacy and advisory work in a wide range of general commercial and private international law disputes.

He appears in the High Court, Court of Appeal and House of Lords and before various arbitration tribunals (including LMAA, LME, LCIA, ICC, SIAC and HKIAC), as well as in mediations. Since 2005 he has been a CEDR Accredited Mediator. He is also registered as a practitioner with rights of audience before the DIFC Courts.

From October 2009 to October 2010, he was based in Singapore, pursuing a practice predominantly in international arbitration. While there, he was shortlisted for Young (under 40) Professional of the Year by the British Chamber of Commerce, Singapore. Although now back in London, he continues to hold a Foreign Law Practice Licence from the Attorney General's Chambers of Singapore and during 2011 he acted as sole Counsel in arbitrations in London, Singapore, Hong Kong and Dubai.

He is a recommended Junior by Chambers UK 2012 in three separate categories, namely Shipping & Commodities, Commercial Dispute Resolution and International Arbitration: General Commercial & Insurance. In addition, he is the only English Barrister recommended by Chambers Asia Pacific 2011 in the category of "Dispute Resolution: International Arbitration in Singapore".  

Having commenced practice at 20 Essex Street in 2000, between September and December 2000 he worked as a Judicial Assistant to the Court of Appeal, Civil Division.

Specialisations: 

  • Conflicts of Laws
  • Arbitration
  • Shipping
  • Sale of goods
  • Civil Fraud
  • Banking
  • Oil and gas
  • Insurance and re-insurance
  • Mediation

Principal Cases: 

Conflicts of Laws

Sovarex v Romero [2011] 2 Lloyds' Rep. 320, Commercial Court - Enforcement of arbitration award relating to sale of sunflower seeds - proper procedure under s. 66 of the Arbitration Act 1996 - question of whether award debtor had participated in arbitral proceedings relating to jurisdiction - effect under Brussels Regulation of competing Spanish proceedings relating to validity of contract. 

FR Lurssen Werft GmbH v Halle [2011] 1 Lloyd's Rep. 265, Court of Appeal, [2010] 2 Lloyd's Rep. 20, Commercial Court - shipbuilding - commision on sale of megayacht - governing law of commission agreement - Contracts (Applicable Law) Act 1990- Article 3(1) of the Rome Convention - forum non conveniens.

Choil Trading SA v Addax Trading SA (2009) 106(39) L.S.G. 22, Commercial Court - Joint venture arrangement for supply of oil - individual purchases of oil - jurisdiction under Article 17 of the Lugano Convention - whether jurisdiction agreements for individual purchases applicable to joint venture arrangement.

Galaxy Special Maritime Enterprise v Prima Ceylon Ltd [2006] 2 Lloyd's Law Rep. 27, Court of Appeal - grounding of vessel in Sri Lanka - parallel proceedings in England and Sri Lanka - claim under Lloyd's Average Bond for contributions to general average and salvage -appropriate forum.

Newsat Holdings Ltd & Ors v Zani [2006] 1 Lloyd's Rep. 707, Commercial Court - alleged fraudulent misrepresentations relating to satellite rights - permission to serve out of the jurisdiction under CPR 6.20(8) - worldwide freezing order.

Ace Insurance SA-NV (formerly Cigna) v Zurich Insurance Company - Appeal to the House of Lords - Brussels and Lugano Conventions - s. 49 of the CJJA 1982 - compatibility of the discretionary power of forum non conveniens with the Conventions.

Latchin t/a Dinkha Latchin Associates v General Mediterranean Holdings SA [2002] C.L.C. 330, Commercial Court - Challenge to jurisdiction - Claimant bringing action against Luxembourg registered defendant, alleging domiciled in United Kingdom - Brussels Convention, Articles 2, 5(5) and 6(1) - forum non conveniens.

National Justice Compania Naviera S.A. v Prudential Assurance Company Limited ("the Ikarian Reefer") , Queen's Bench - Order for examination on and production of books and assets under RSC O. 48.1 - Brussels Convention, enforcement regime, Articles 16(5), 24.

Arbitration

Parbulk II A/S v Heritage Maritime Ltd SA (The "Mahakam") [2011] Lloyd's Law Rep. Plus 102, Commercial Court - S. 69 appeal against arbitration award - Bareboat Charterparty - whether demands for future hire amounted to waiver of failure to pay hire instalment or to waiver of more general repudiatory breach - upholding an arbitration award on a point of law decided against Respondents to a s. 69 appeal - justifying a termination notice retrospectively on grounds not specifically identified in notice. 

Sovarex v Romero [2011] 2 Lloyds' Rep. 320, Commercial Court - Enforcement of arbitration award relating to sale of sunflower seeds - proper procedure under s. 66 of the Arbitration Act 1996 - question of whether award debtor had participated in arbitral proceedings relating to jurisdiction - effect under Brussels Regulation of competing Spanish proceedings relating to validity of contract. 

The Saldanha [2011] Lloyd's Rep. 187, Commercial Court - seizure by pirates - whether vessel off-hire - appeal against arbitration award.

Inta Navigation Ltd v Ranch Investments Ltd [2009] 1 C.L.C. 887, Commercial Court - Sale of ship - Right of first refusal - appeal against arbitration award - MOA conferring right of first refusal on buyers to purchase second newbuild vessel - Whether resulting contract on Norwegian Saleform terms or on novation terms.

Sanhe Hope Full v Toepfer International [2008] 1 Lloyds Rep. 458, Commercial Court - Sale of goods - Contract for sale of Brazilian soybeans - Buyers in repudiatory breach - Measure of damages - Appeal from FOSFA Appeal Arbitration Award - FOSFA 22 clause 27 - Whether sellers sustained any loss.

Bernuth Lines Ltd v High Seas Shipping Ltd [2006] 1 Lloyd's Rep. 537, Commercial Court - arbitration application - initiation and conduct of arbitration exclusively by email - whether arbitration validly commenced and conducted.

Shipping

Parbulk II A/S v Heritage Maritime Ltd SA (The "Mahakam") [2011] Lloyd's Law Rep. Plus 102, Commercial Court - S. 69 appeal against arbitration award - Bareboat Charterparty - whether demands for future hire amounted to waiver of failure to pay hire instalment or to waiver of more general repudiatory breach - upholding an arbitration award on a point of law decided against Respondents to a s. 69 appeal - justifying a termination notice retrospectively on grounds not specifically identified in notice. 

Glory Wealth Shipping v Korean Line Corporation (The Wren) [2011] 2 Lloyd's Rep. 370, Commercial Court - Time Charterparty - Damages for wrongful repudiation by charterers - lack of available market at time of repudiation - effect of revival of available market - scope of the principle in The Elena D'Amico

The Saldanha [2011] Lloyd's Rep. 187, Commercial Court - seizure by pirates - whether vessel off-hire - appeal against arbitration award.

FR Lurssen Werft GmbH v Halle [2011] 1 Lloyd's Rep. 265, Court of Appeal, [2010] 2 Lloyd's Rep. 20, Commercial Court - shipbuilding - commision on sale of megayacht - governing law of commission agreement - Contracts (Applicable Law) Act 1990- Article 3(1) of the Rome Convention - forum non conveniens.

During 2010, David Lewis was a consultant to the Singapore Maritime Foundation on the drafting of the new Singapore Sale Form for the sale of second-hand tonnage.

Inta Navigation Ltd v Ranch Investments Ltd [2009] 1 C.L.C. 887, Commercial Court - Sale of ship - Right of first refusal - appeal against arbitration award - MOA conferring right of first refusal on buyers to purchase second newbuild vessel - Whether resulting contract on Norwegian Saleform terms or on novation terms.

The Newforest [2008] 1 Lloyd's Rep. 504, Commercial Court - Charterparty (Voyage) - Demurrage - Charterparty providing for demurrage to be calculated on basis of statement of facts - Statement of facts referring to bad weather - Owners subsequently seeking to assert that delays not caused by bad weather - Status of statement of facts - Whether charterers liable for demurrage.

Galaxy Special Maritime Enterprise v Prima Ceylon Ltd [2006] 2 Lloyd's Law Rep. 27, Court of Appeal - grounding of vessel in Sri Lanka - parallel proceedings in England and Sri Lanka - claim under Lloyd's Average Bond for contributions to general average and salvage - appropriate forum.

Bernuth Lines Ltd v High Seas Shipping Ltd [2006] 1 Lloyd's Rep. 537, Commercial Court - arbitration application - initiation and conduct of arbitration exclusively by email - whether arbitration validly commenced and conducted.

The Laemthong Glory (No. 2) [2005] 1 Lloyd's Rep. 632, Commercial Court - Contracts (Rights of Third Parties) Act, 1999 - Charterers entitled to require vessel to discharge cargo against letter of indemnity - Receivers' letter of indemnity addressed to charterers and not shipowners - Whether shipowners entitled to enforce receivers' letter of indemnity against receivers under 1999 Act - Whether shipowners entitled to specific performance.

Sale of Goods

Sovarex v Romero [2011] 2 Lloyds' Rep. 320, Commercial Court - Enforcement of arbitration award relating to sale of sunflower seeds - proper procedure under s. 66 of the Arbitration Act 1996 - question of whether award debtor had participated in arbitral proceedings relating to jurisdiction - effect under Brussels Regulation of competing Spanish proceedings relating to validity of contract. 

Sanhe Hope Full v Toepfer International [2008] 1 Lloyds Rep. 458, Commercial Court - Sale of goods - Contract for sale of Brazilian soybeans - Buyers in repudiatory breach - Measure of damages - Appeal from FOSFA Appeal Arbitration Award - FOSFA 22 clause 27 - Whether sellers sustained any loss.

Contigroup Companies Inc v Glencore AG [2005] 1 Lloyd's Rep. 241, Commercial Court - damages for delay in delivery under contract for the sale of goods - available market for liquefied petroleum gas in South- East China - reasonableness of settlement of claims by Chinese receivers.

Civil Fraud

Zabihi v Janzemini [2009] EWCA Civ 851, Court of Appeal - conversion of valuable jewellery - dishonest evidence - measure of damages - sufficiency of evidence - the rule in Armorie v Delamirie (1721) 1 Strange 505.

Newsat Holdings Ltd & Ors v Zani [2006] 1 Lloyd's Rep. 707, Commercial Court - alleged fraudulent misrepresentations relating to satellite rights - permission to serve out of the jurisdiction under CPR 6.20(8) - worldwide freezing order.

Hopkins v TL Dallas Ltd and Anor - [2005] 1 B.C.L.C. 543, Chancery Division - alleged guarantees executed by director dismissed for dishonesty - whether guarantees tainted by dishonesty - assignment of guarantees to third party by liquidator.

Abdulrazaq v Modena Sportswagen HAndels GmbH [2003] All ER (D) 298 (Feb), High Court - disputed claims over ownership of various Ferraris - order for delivery up.

Banking

BNP Paribas SA v M. Zaman , Commercial Court - Claims in relation to Forex Trading and discretionary share trading - parallel proceedings in Sultanate of Oman - non-exclusive jurisdiction clause - anti-suit injunction.

Credit Agricole Indosuez v Enron Capital & Trade Resources International Corp , Commercial Court - Trade Finance Facility - Effect of stay due to reorganization of Enron under Chapter 11 of the US Bankruptcy Code on English proceedings.

Oil and gas

Choil Trading SA v Addax Trading SA (2009) 106 (39) L.S.G. 22, Commercial Court - Joint venture arrangement for supply of oil - individual purchases of oil - jurisdiction under Article 17 of the Lugano Convention - whether jurisdiction agreements for individual purchases applicable to joint venture arrangement.

Contigroup Companies Inc v Glencore AG [2005] 1 Lloyd's Rep. 241, Commercial Court - damages for delay in delivery under contract for the sale of goods - available market for liquefied petroleum gas in South- East China - reasonableness of settlement of claims by Chinese receivers.

Education and Career: 

A Governing Body's Exhibitioner at St. Edmund Hall, Oxford, he was awarded one of the highest Firsts in his year in the University of Oxford.

He was called to the Bar in 1999, when a Harmsworth Exhibitioner of the Middle Temple.

Appointments and Society Memberships: 

  • Combar
  • CEDR
  • LCIA
  • Siarb
  • LMAA (Supporting Member)
  • SCMA (Supporting Member)
  • DIFC (Registered Practitioner)

Quotes: 

"...extremely effective at getting results.": Chambers UK 2012, Commercial Dispute Resolution. 

" For much of 2010, he was based in Singapore, where he developed a thriving practice advising local clients on international arbitration matters.": Chambers UK 2012, International Arbitration: General Commercial & Insurance. 

"...someone who is "definitely going places". He is "totally unflappable", according to those who that use him.": Chambers UK 2012, Shipping & Commodities. 

"David Lewis is 'excellent - extremely knowledgeable, well organised and capable of handling any case without a leader'." : Legal 500 2011, Commodities.

"The 'fiercely intelligent' David Lewis, who has returned from Singapore, gets excellent feedback for his 'superb turnaround with work', and is 'excellent with clients'." : Legal 500 2011, International Arbitration

"David Lewis is a 'quite brilliant junior barrister with in-depth knowledge, tactical and commercial awareness, and brilliant oral and written advocacy skills'" : Legal 500 2011, Shipping.

"Very effective ... and particularly well liked by arbitration tribunals": Chambers Asia Pacific 2011, Dispute Resolution: International Arbitration: Singapore. 

"A first class, effective junior who is very well liked by everyone he encounters" : Chambers UK 2011, Commercial Dispute Resolution.

"A key player in the field ... who enjoys a growing reputation in the Asian market" : Chambers UK 2011, International Arbitration: Commercial & Insurance.

" ... praised as "reliability personified"" : Chambers UK 2011, Shipping & Commodities.

"First-class in every aspect...he is expected to go to even better things": Chambers UK 2010, Commercial Dispute Resolution.

"... considered by all to be a budding young junior who is "wise beyond his years"": Chambers UK 2010, Shipping & Commodities.

"Straightforward and sensible, David Lewis commands peer respect for his comprehensive knowledge of private international law disputes": Chambers UK 2009, Commercial Dispute Resolution.

"An impressive presence in Court, tipped by one interviewee to go all the way to the bench": Chambers UK 2009, Shipping & Commodities.

"David Lewis, "first-class in every respect", has made serious inroads into the commercial arbitration landscape, representing industry heavyweights in proceedings arising from sectors such as shipping. He has also shouldered responsibility for a number of large-scale trials": Chambers UK 2008.

Members with similar specialisations...

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

Queen's Counsel

Junior Counsel