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Dr Harris Bor

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Clerks' direct contact:
+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com

Harris’ practice covers all areas of international arbitration, and commercial and company litigation, with a particular emphasis on corporate, joint venture, trade, banking and financial services, civil fraud, professional negligence, and project and insurance disputes, as well as those involving the licensing and exploitation of intellectual property including in the technology and pharmaceutical sectors.

Harris has acted in the above matters for investment banks, hedge funds, international and domestic companies, public and government bodies and individuals. Harris’ cases frequently have an international element. He routinely appears on matters before the DIFC Court, has acted on a matter in the Court of the Turks & Caicos Islands, and has provided expert evidence to foreign courts and tribunals on matters of English law. He sees himself as a team player who is happy to act as sole counsel or with other senior or junior barristers.

Harris’ arbitration experience has included significant proceedings under ICC, LCIA, UNCITRAL, WIPO and ICSID arbitration rules, and numerous court applications relating to arbitrations, such as freezing injunctions, ancillary orders, and challenges to arbitration awards.

Harris is listed as a leading junior for international arbitration in the Legal 500 and is an editor with Julian Lew QC and others of Arbitration in England (with chapters on Scotland and Ireland), a book published by Wolters Kluwer in 2013. He has also tutored on international arbitration at the centre for Commercial Law Studies, Queen Mary, University of London, and has presented widely on this topic. Harris also acts as an arbitrator and is a CEDR accredited mediator.

Specialisations: 

  • Arbitration and mediation
  • Commercial Law
  • Shareholder, Joint Venture and Partnership disputes
  • Insolvency and Company Law
  • Banking and financial services
  • Civil fraud
  • Private international law

Specialisations: 

Commercial, Company and Civil Fraud
  • Acting with junior for Kuwaiti investors in multi-million pound High Court dispute against two individuals and an associated investment company in seeking an account and reimbursement of funds removed from one of the claimant’s bank accounts.
  • Acting for Vincent Tchenguiz and others in substantial conspiracy and malicious prosecution claim against Grant Thornton UK LLP, Kaupthing Bank HF and others.
  • Acting for Apotex in Les Laboratoires Servier & Another v Apotex Inc & Others [2012] EWCA Civ 593 and [2014] UKSC 55, in the Court of Appeal and Supreme Court in an action on an undertaking for damages following the grant of an injunction and involving the application of the illegality principle.
  • Acting for Leeds United Football Club against shirt manufacturer in contract dispute before the High Court.
  • Acting for major yacht manufacturer in contact dispute with purchaser of a superyacht before the High Court.
  • Acting for insured against broker before High Court for breach of FCA regulations.
  • Acting for the defendant in CFI 043/2014 DNB Bank ASA v (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC in the DIFC Court in resisting the enforcement of a substantial English court Judgment.
  • Acting for the defendant in DIFC CFI 021/2015 Theron Entertainment LLC v MAG Financial Services LLC, in defending claim before the DIFC Court relating to the lease of property following the establishment of a well-known restaurant in the region.
  • Acting for claimant in DIFC CA 010/2016 Sky News Arabia FZ-LLC v Kassab Media FZ (LLC) in a jurisdictional and commercial matter before the DIFC Court of Appeal.
  • Acting on a number of s994 petitions before the Companies Court in matters concerning a major retail join venture, property investment, and an online business, including some involving multiple parties and related court proceedings.
  • Acting for an international publisher of well-known novel in seeking injunctive relief in the Commercial Court against a distributor preventing further distribution of the novel and delivery up.
  • Acting for finance company in High Court claim against potential borrower and their legal representative for payment of expenses under a due diligence contract.
  • Acting for a local authority in a dispute in breach of contract claim in relation to a waste disposal procurement project.
  • Acting for judgment creditor of major airline in obtaining worldwide freezing injunction for over £90 million in support of enforcement, with permission to enforce.
  • Acting for developer against major retail chain in seeking to challenge an arbitration award in the Commercial Court on the basis of apparent bias, among other things.
  • Acting for international manufacturing company in seeking approval of European merger under the Companies (Cross-Border Mergers) Regulations 2007.
  • Acting for Swiss defendant pharmaceutical company in a High Court claim concerning contract for manufacturing of a pharmaceutical product in India.
  • Acting for the claimants in Travelers Insurance Co Ltd v Advani QBD, 10 May 2013 (unreported), involving enforcement of a judgment and third party debt orders.
  • Acting as English law expert in matters before US District Court for Northern District of Illinois Eastern Division, the US district Court of Southern District of Texas, and Court of Cyprus.
International Arbitration
  • LCIA Arbitration. Acting for asset management companies against Eastern European group seeking payment under a finance agreement following the group’s failure to carry out a reorganisation.
  • LCIA Arbitration. Acting for respondent in claim under a guarantee for over $100 million brought by finance company.
  • LCIA Arbitration. Acting for app development company in dispute with major telecoms manufacturer seeking specific performance and/or damages for installation contract.
  • LCIA Arbitration. Acting for Turkish drilling company in a dispute against a group of mining companies seeking damages arising from alleged breaches of drilling contracts for two African mines.
  • UNCITRAL Arbitration: Acting for financial institution in proceedings relating to agency fees and other monies allegedly payable under a joint venture.
  • ICC Arbitration. Acting for respondent spare parts company in breach of warranty claim following sale of European business.
  • LCIA Arbitration. Acting for hedge fund in claim brought by former partner for wrongful termination of a joint venture agreement arising out of complex derivative trading.
  • LCIA Arbitration. Acting for Indian party in claim for commissions against international company based in the Netherlands.
  • LCIA Arbitration. Acting for Italian energy company in claim against Swiss trading company in breach of contract dispute involving allegedly defective cargo.
  • LCIA Arbitration. Acting for East European bank in claims arising out of loan agreements to businesses in the region.
  • DIFC-LCIA Arbitration. Acting in construction arbitration involving the building of a regional hospital.
  • LCIA Arbitration. Acting for respondent banker in claim for damages for breach of contract brought by former partners in East European financial services joint venture.
  • UNCITRAL Arbitration. Acting for German company against Asian company for payments under contract involving the supply of pharmaceutical products.
  • WIPO Arbitration: Advising international gaming company on WIPO arbitration proceedings and supportive injunctive relief in dispute with technology provider.
  • ICSID Investment Arbitration: Acting as junior on an investor-state arbitration involving rights under an energy concession agreement.
  • SCC Investment Arbitration: Acting as junior on an investor state arbitration involving alleged rights relating to a national telecommunications network. 
  • Acting for Dubai property developer in the DIFC Court in seeking the adjournment / stay of proceedings to enforce an arbitration award on the basis of a challenge to the award in the court of the seat of arbitration.
  • UNCITRAL Arbitration. Tribunal member in dispute between an international consulting group and former partner based in the Far East.
  • Appointed as ICC arbitrator in English law arbitration involving a contract between a Japanese company and UAE counterparty.
Banking & Financial Services

Contractual and negligence disputes relating to the sale of complex derivative products (including interest rate hedging product mis-selling claims), loans and guarantees including:

  • Kays Hotels Ltd (t/a Claydon Country House Hotel) v Barclays Bank Plc [2014] EWHC 1927 (Comm), an interest rate hedging product limitation case.
  • PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov [2013] EWHC 3203 (Comm), an application for discharge of a freezing injunction sought by a Ukrainian bank.
  • Advising bank on submissions to court in relation to compliance with confiscation order.
  • Obtaining $50m worldwide freezing injunction on behalf of major Ukrainian bank in support of LCIA arbitration proceedings.
  • Claim against Citibank for alleged failure to carry out client instruction in unwinding a significant CDS position.
  • Acting for JP Morgan Chase in dispute brought by Shinhan Card, a Korean Company, in relation to possible default under $300m floating rate note.
  • Representing fund in multi-million pound dispute against former trader involving complex derivatives trading.
  • Representing company in seeking to recover commission payments relating to trade financing obtained through major international bank.
  • Acting for individual in seeking to resist a claim against a bank on the basis of prior settlement.
Insolvency
  • Acting for administrator of property development company in seeking court directions on the validity and/or effect of a guarantee, and various deeds of trust.
  • Acting for UK subsidiary of major US company in resisting winding up petition on the basis of an arbitration agreement contained in the agreement under which the alleged debt arose.
  • Defending bankruptcy proceedings brought by fashion model against a photographer.
  • Acting for various parties in relation to claims concerning the execution of instructions and ownership of securities connected to the insolvency of ES Bankers (Dubai) Limited (In Liquidation) before the DIFC Court.
  • Acting for a major European investment bank in seeking to recover about $20m of bonds from Lehman Brothers (Europe) Limited in administration.
  • Acting for liquidators of a foreign national bank in seeking recovery from directors and various third parties for alleged fraud.
  • Acting in Re A Company [2010] EWHC 3814 (Ch), dealing with winding up petitions, and advertising.
Intellectual Property
  • Acting in passing off and trademark claims involving automotive services, fashion, specialised fonts, fast food, catering services, and beer including, Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc CA [2012] EWCA Civ 880 in relation to the Budweiser trademark.
  • Acted in the Court of Appeal and Supreme Court in Les Laboratoires Servier v Apotex [2012] EWCA CIV 593 and [2014] UKSC 55, involving an action on an undertaking for damages following the grant of an injunction to prevent patent infringement and the application of the illegality principle.
  • Numerous commercial cases involving the licensing and exploitation of intellectual property including:

- A claim on behalf of inventor against healthcare company for royalties in relation to a medical device.

- A claim for technology company against major telecoms manufacturer for breach of contract.

- A claim against a pharmaceutical company for breach of contract arising out of alleged failures to comply with Good Manufacturing Practice.

  • Patent entitlement proceedings before the UK IPO.

Education and Career: 

  • BA, University College London
  • LLM, International & Comparative Dispute Resolution, Queen Mary, University of London
  • PhD, Cambridge University
  • Teaching Assistant, Harvard University
  • Visiting Fellow, University College London

 

PRIZES

  • Wingate Scholarship for PhD research
  • Ede & Ravenscroft Prize, Inner Temple 

Publications: 

Comments on Lord Chief Justice Thomas’ 2016 Bailii Lecture which promotes a greater role for the courts in international arbitration” on Kluwer Arbitration Blog (11 April 2016).

Chapter on “Jurisdiction, Choice of Law, Arbitration and Dispute Resolution Clauses”, with Lawrence Cohen QC, in Managing Private Fund Disputes, (PEI, 2015)

“Rules of the DIFC Court”, (Wilberforce Chambers, 2014 and 2016), with Rupert Reed QC and others

Freezing Orders in Support of Arbitration Proceedings”, (2014) Butterworths Journal of International Banking & Financial Law, 29(1), 43-46

Arbitration in England (with chapters on Scotland and Ireland), (Wolters Kluwer, 2013), joint editor with Julian Lew QC, Gregory Fullelove, and Joanne Greenaway

Chapter on “Expert Evidence” in Arbitration in England (with chapters on Scotland and Ireland), (Wolters Kluwer, 2013)

Section on “Economic Torts” for LexisNexis’ online database “PSL Dispute Resolution”, (2013)

Does National Court Involvement Undermine the International Arbitration Process?”, (2009) (assisted author, Julian Lew QC), American University International Law Review, Volume 24, Number 3

Claims without Contract: Economic Torts Come of Age”, (2009) The In-House Lawyer

Dispute Resolution Clauses – A Contradiction in Terms”, (2008) The Hedge Fund Journal

“Arbitration – Running the Line”,  (2007) Legal Week

“Review Article: A Practical Guide to Mediation in Intellectual Property, Technology & Related Disputes by Jon Lang”, (2006) The International Journal of Arbitration, Mediation and Dispute Management

“ADR Possibilities in Investor- State Disputes”, (2007) The International Journal of Arbitration, Mediation and Dispute Management Vol. 73 No. 1, February

“Solvent Abuse on Schemes of Arrangement”, (2005) Legal Week (co-author)

“Access to the Internet for the Visually Impaired”, (2007) E-Business Law Journal

“Special Feature Article: Restrictive Covenants and Employees Abroad”, (2003) Employment Lawyers’ Association Briefing, Vol. 10 (co-author)

“Court Finds ISP Not Liable For Opinion Posted By Users”, (2003)  MLRC Media Law Letter

Appointments and Society Memberships: 

  • Registered practitioner DIFC Court
  • CEDR accredited mediator
  • English Commercial Bar Association
  • English Chancery Bar Association
  • Anglo-Russian Law Association
  • Combar Brexit – International Arbitration Group, which is considering ways in which Brexit might impact the area of international arbitration    

Quotes: 

“Extremely sharp and very efficient in his written and oral advocacy” Legal 500 2016 – International Arbitration – Leading Juniors 

“clients really like him” Chambers UK Bar 2017