David Owen QC

BA (Oxon)

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David Owen specialises in commercial disputes. He acts as a barrister, mediator and arbitrator. He has over 25 years of experience of disputes involving: commercial transactions; banking; insurance/reinsurance; international trade; shipping; sale of goods, and professional negligence. He is described in the Chambers UK Guide 2010 as "a figure right at the heart of the commercial dispute resolution world".

He regularly appears in court in the UK and in international arbitrations (dealing with cases under ICC, LCIA, LMAA rules, as well as ad hoc references), as counsel and as arbitrator. He is often retained in large and complex cases. He was junior counsel in Bankers Trust v. Dharmala, the first reported English case on selling derivatives. Since then he has been involved in numerous cases concerning derivatives and complex financial products. Recent arbitration work has included a claim against a state relating to a satellite contract, raising difficult factual questions and complex issues of English and foreign law; large shipbuilding claims; disputes between P&I Clubs and members. He is frequently in demand as a mediator in a wide variety of commercial matters. He was accredited by CEDR in 2002 and completed MATA's International Advanced Mediation course in 2006. He is on the Chartered Institute of Arbitrators' Panel of Mediators. Recent mediations have involved: gasoil contamination claims; private equity financing disputes; ship sale disputes; corporate finance fees claim; property development and allegations of corporate fraud; disputes as to liability insurance claims. Mediation feedback includes the following: "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."

Specialisations: 

  • General Commercial
  • Arbitration
  • Mediation
  • Insurance/Reinsurance
  • Banking (derivatives)
  • Shipping
  • 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 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

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 (2009) - FOB contracts - shipment obligations - extension of delivery period Soc.

Directe d'Investissements S.A. v. Trassey Shipping Ltd (2008) - 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: 

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

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

Called to Bar 1983

Became a Q.C. 2006

Publications: 

MacGillivray on Insurance Law - joint editor

Appointments and Society Memberships: 

Member of London Court of International Arbitration

Member Chartered Institute of Arbitrators

Member of Civil Mediation Council

Supporting Member London Maritime Arbitrators' Association

Lectures and Teaching: 

Lectures regularly on arbitration and mediation issues.

Quotes: 

Recent quotes from directories include the following:

"phenomenally intelligent, bright, determined and hard-working""the most thorough silk I have ever worked with."

"focused and client-centred"

"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 "

"...entirely focused on the client's goal"

"...he continues to impress the market place"

" 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."

Mediation feedback includes the following:

"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"

"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."

"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. Another very important attribute...is that you were not (or did not appear to be) bored by, or disinterested in, all the inevitable haggling. (Some mediators are.)"

"Did a very good job under trying circumstances..."

"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"

"He only had sight of the papers at the last moment, but gave the impression of being familiar with the case, and referred to dates and names in a way which is always reassuring to the parties."

Members with similar specialisations...

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

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