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 and SIAC), as well as in mediations. Since 2005 he has been a CEDR Accredited Mediator.

From October 2009, he has been based in Singapore, pursuing a practice predominantly in international arbitration, although he still accepts instructions to act in London (and elsewhere).

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

FR Lurssen Werft GmbH v Halle [2009] EWHC 2607 (Comm), 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

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

FR Lurssen Werft GmbH v Halle [2009] EWHC 2607 (Comm), 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.

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

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
  • LMAA (Supporting Member)

Quotes: 

"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