David Owen QC

BA (Oxon)

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David Owen is a barrister, arbitrator and mediator with over 25 years of experience of commercial disputes. His practice principally involves the fields of: banking/finance; insurance/reinsurance; shipping; international trade; commodities; energy; professional negligence; and general issues relating to commercial contracts. The Chambers UK Guide has described him as "a figure right at the heart of the commercial dispute resolution world". (Other quotations from directories are given below, under the Quotes heading.)

He is often involved in resolving large and complex cases. He has extensive experience in the shipping and international trade sectors. He acted for the successful party in the first reported case in England on the selling on derivatives (Bankers Trust v Dharmala), and he has advised and acted as Counsel in numerous cases relating to banking disputes and complex financial transactions. He deals with a wide variety of insurance and reinsurance matters. For over ten years was an editor of a leading textbook on English insurance law (MacGillivray). He is also retained to provide expert opinions on English law for the purpose of foreign proceedings.

In the arbitration context, he has frequently acted as Counsel in, and advised on, many types of arbitration proceedings, including claims involving states and state trading bodies. He has also dealt with a wide range of Court applications relating to arbitrations.

He is regularly appointed as an arbitrator, and has been appointed in references under the rules of the London Court of International Arbitration, the International Chamber of Commerce, and the London Maritime Arbitrators' Association; he also acts as an arbitrator in ad hoc references. He is a Member of the London Court of International Arbitration, and the Chartered Institute of Arbitrators, and a Supporting Member of the London Maritime Arbitrators' Association. He often lectures on arbitration law and practice. Recent appointments have included disputes relating to: P&I cover for fleets of vessels; ship sale and ship building; insurance claims (marine and war risks); gas carrier charter claims, and claims involving insurance companies.

He is in demand as a mediator in a wide range of commercial disputes, having originally been accredited in 2002. He regularly mediates cases involving proceedings in the Commercial Court in London, or London arbitrations. He has been appointed to the Chartered Institute of Arbitrators' Mediator Panel, and is a member of the Civil Mediation Council and the Standing Conference of Mediation Advocates. For several years he had management responsibility for a London mediation service, and he has lectured on mediation and dispute resolution topics in England and Singapore. Recent examples of mediations have included: shipping disputes (ship sale, ship chartering, and performance issues); insurance claims (including marine, liability and fidelity claims); product contamination claims; corporate fraud; private equity financing; publishing, and international drug distribution rights. His style aims to combine legal reality testing with a pragmatic commercial approach. Detailed mediation feedback is set out below, under the Quotes heading.

Specialisations: 

  • General Commercial
  • Arbitration
  • Mediation
  • Insurance/Reinsurance
  • Banking
  • Shipping and International Trade
  • Sale of Goods & Commodities
  • Professional Negligence

Principal Cases: 

General Commercial & Professional Negligence

ImageSat v Republic of Serbia (2008/2009): Arbitration - Jurisdiction - Public International Law - State succession - Justiciability - Effect of ICC Terms of Reference.

Diva v Carnegie Group Ltd (2006/7): Private equity acquisition - share sale warranty claim -accounting irregularities - damages.

T-Mobile v Bluebottle & Virgin Mobile (2003) - Mobile phone networks - termination provisions - payment mechanisms - dormant customers - estoppel.

R v Secretary of State for Transport ex parte Factortame Ltd and Others [2001] All ER (D) 1174 : Damages - breach of EC law - fishing quotas.

Liverpool Roman Catholic Archdiocesan Trust v Goldberg (No. 2) 2001 4 All ER 950: Tax advice - professional negligence - damages - expert evidence.

Eagle Trust v KPMG Peat Marwick (1995) - Professional negligence - auditors.

Banking, Derivatives & Financial Services

BPI v Barclays (2010) - CDOs - duties of participants - selcetion/management of portfolio - disclaimers

HSH Nordbank v Barclays (2005) - credit derivatives - collateralised debt obligations - duties of participants - pricing - quantum.

Komercni Banka AS v Stone &Rolls Ltd and Anor [2002] All ER (D) 239 (Nov): Letter of credit - fraud & implied representation - quantification of loss.

Chigi v Credit Suisse First Boston [1997] - Regulation of foreign exchange dealings - duties owed by bank to customer.

Merrill Lynch others v Municipality of Piraeus (1997) - International banking loan and swap agreements - capacity and authority of foreign local authority.

Bankers Trust v Dharmala [1996] CLC 518 - Banking - derivatives - duty of seller/bank - misrepresentation - anti-suit injunctions.

Bankers Trust v Editori [1996] CLC 899 - Anti suit injunctions - exclusive jurisdiction clauses - articles 17 and 21 of Brussels Convention. Banking - derivatives.

National Bank of Greece v Pinios [1990] 1 A.C. 637 - Banking - shipping - entitlement to compound interest - duty to customer.

Insurance and Reinsurance

Lexington v Multinacional (2008/9) - Reinsurance - claims co-operation clause - waiver of time bar - effect of foreign law.

NIB v Axa (2004) - Film finance insurance - disclosure - role of broker.

Mander v Prudential [1998] LLR 112- Reinsurance - line slips - insurance brokers - duty of care.

Punjab National Bank v De Boinville [1992] 1 W.L.R. 1138 - Insurance - political risks - brokers - duty of care.

Also Punjab National Bank v Rome and Central Bank of India v. Rome - Insurance - political risks - banking.

Islander Trucking v Hogg Robinson [1990] 1 A.E.R 826 - Insurance - duties of brokers - limitation periods.

In re Cavalier Ins. Co [1989] 2 Lloyd's Rep.430 - Insurance - illegality - consumer contracts.

Phoenix v Halvanon [1988] Q.B. 216 - Reinsurance - illegality - implied terms - fac./oblig contracts.

Shipping and Commodities

Soufflet v Bunge (2010) - FOB contracts and GAFTA terms - shipment obligations - extension of delivery period.

Directe d'Investissements S.A. v Trassey Shipping Ltd (2009) - Serious irregularity & s.68 of Arbitration Act - sale of ship - misrepresentation allegations.

Hanjin Shipping v Procter Gamble [1997] 2 Lloyd's Rep 341 - Shipping - Interpleader - Release of goods by carrier.

The Future Express [1993] 2 Lloyd's Rep.542 - Bills of lading - title to sue - conversion.

National Bank of Greece v Pinios [1990] 1 A.C. 637 - Banking - shipping - entitlement to compound interest - duty to customer.

The Medusa [1985] 2 Lloyd's Rep. 38 - Arbitration - extension of time - Arbitration Act 1950. s.27.

Pagnan v Granaria [1985] 2 Lloyd's Rep.256 - Commodity contracts - existence of contract.

Education and Career: 

Marlborough College: Scholar

Merton College Oxford, Scholar 1976-1979 BA Hons, First Class.

HM Treasury 1979-1981 dealing with international finance and defence projects.

Astbury Scholar, Middle Temple.

Ver Heyden Prize for Advocacy, Inns of Court School of Law.

Lloyd Jacob Memorial Exhibition Prize, Middle Temple.

Called to Bar 1983

Joined Chambers 1985

Accredited as Mediator (CEDR) 2002

Became a Q.C. 2006

Publications: 

MacGillivray on Insurance Law - joint editor of 9th-11th editions, 1997-2008

Appointments and Society Memberships: 

  • Member of London Court of International Arbitration
  • Member of Chartered Institute of Arbitrators
  • Member of Civil Mediation Council
  • Supporting Member of London Maritime Arbitrators' Association
  • Member of Commercial Barristers' Association (COMBAR); COMBAR Executive Member 2001-2004 and responsible for COMBAR Continuing Education Programme

Lectures and Teaching: 

Lectures regularly on arbitration and mediation issues.

Quotes: 

Quotes from directories include the following:

"a perfect gentleman, who is extremely measured, thorough and tough."

"instructing solicitors consider him a joy to work with. They are happy to turn to him time and time again, and he obtains some very fine work as a result."

"phenomenally intelligent, bright, determined and hard-working."

"focused and client-centred"

"astonishing legal mind and fantastic submissions."

"inexhaustible patience, infectious enthusiasm and charm."

" .... probably the most thoughtful and thorough barrister I've ever seen....he leaves no stone unturned.....very much on the way up, and is sure to make a great arbitrator as well as counsel "

"... ability to think outside the box."

" adept corralling of case detail and overarching argument ensures that he is top class in large, complicated disputes"

"a details man who shows steely resolve"

"extremely thorough and analytical - he devours papers and analyses them with complete accuracy and great dedication, explaining matters thoroughly to clients."

"20 Essex Street's David Owen QC has a broad mediation practice, with a particular focus on cases with an international element. His area of expertise include shipping, trade, finance and general commercial disputes. Sources note his attention to detail and commercial mindset."

Mediation feedback includes the following:

"immensely hard-working and very user-friendly."

"He came to the mediation incredibly well-prepared, and he quickly grasped the issues presented. He also appreciated and dealt effectively with the significant emotional aspects of the case. He did some very effective reality testing without threatening the trust developed with the parties. David has all the qualities of a successful mediator. He is smart, patient, kind, attentive and thoughtful. He is both a good communicator and a sensitive listener."

"Did a brilliant job on the day by keeping focus on quantum, which kept the parties talking even when we appeared poles apart".

"David's approach to a difficult dynamic within the mediation was both flexible and first-class. He recognised the drivers for the key individuals, and was able to facilitate a successful resolution as a result"

"Conscientious and hard-working mediator...I was impressed by his ability and skill to bring two very reluctant parties to the negotiating table and eventually persuade them to resolve their differences"

"Exemplary mediator...approachable..., direct and thoughtful."

"David was particularly good at reality testing in relation to litigation risk in a way which was non-confrontational and allowed the parties to move from stated positions"

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