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Sir Philip Otton

FCI Arb, FCIArb (Mediation)

Areas of expertise

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Sir Philip Otton retired as a Judge of the Court of Appeal in 2001. He was appointed a High Court Judge (Queen's Bench Division) in 1983, to the Court of Appeal in 1995 and to the Court of Appeal in Gibraltar in 2004. He was President of the Society of Construction Law, President of the Personal Injury Bar Association and is an Honorary Fellow of the Institute of Judicial Administration Birmingham University.

At the Bar he was Junior Counsel to the Treasury (Personal Injuries) 1970-75 and appointed Queen's Counsel in 1975. He appeared as Counsel and acted as Arbitrator in commercial and construction disputes.

He is a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators and an Accredited Mediator by the Institute. He is an Appointed Arbitrator to the NASD, a Member of the American Law Institute, of the American Bar Association and has served on the Faculty of NITA. He is appointed to the Sports Resolution panel of Arbitrators - Commercial List.

His experience covers a wide range of cases, principally in the general commercial, insurance, oil and gas and energy fields as Arbitrator and Mediator.

In the field of sports law, he is a Judge of the International Court of Appeal for cases relating to Formula 1 and he has served as an arbitrator in disputes involving English Football Premier League players and clubs, chaired Football Association disciplinary proceedings, and has served as sole Mediator in disputes relating to Formula 1 Racing companies and the 2007 America's cup.

Appointments: 

Oil, Gas and Energy:

  • Chair, LCIA, Arbitrator in dispute between German and Russian Oil Companies regarding Caspian Sea Oil and Gas.
  • Party nominated Arbitrator, ICSID (World Bank) in a dispute between Italian Company and an Asian Government regarding oil and gas rights.
  • Party nominated Arbitrator in dispute between French oil and gas construction company and South African oil company (South African law) regarding the delivery and installation of a FPSO in South Atlantic.
  • Sole Arbitrator in dispute between American Power Company and large British Company regarding supply and price structure of the Electricity Industry.

Telecommunications

  • Sole Arbitrator in dispute between two prominent British Telecommunication Companies (Franchise Agreements Protocols and International Connection Agreement).
  • Sole Arbitrator in dispute between American and Sri Lankan Corporations concerning telecommunication franchise agreements etc.

Insurance

  • Chair in reinsurance disputes at Lloyd's.
  • 1 of 3 Arbitrators in reinsurance disputes at Lloyd's.
  • Sole Arbitrator in dispute between two insurance companies concerning interpretation and its consequences of an Insurance Policy.
  • Chair and Speaker at re-insurance Conferences.

Commercial

  • 1 of 3 arbitrators, ICC dispute between French company and British company concerning secret defence contract.
  • 1 of 3 Arbitrators, ICC in a contractual dispute between two Japanese companies.
  • Sole Arbitrator in dispute between Italian and Turkish companies concerning the breach of contract regarding supply of coal clinker.
  • Sole Arbitrator in dispute between leading firm of Chartered Accountants and a former Partner regarding breach of contract and breach of trust.
  • Sole Arbitrator in dispute between a Primary Care Health Authority and medical staff regarding Terms and Conditions of Employment.
  • Sole Arbitrator in dispute concerning a Local Authority and contractors arising out of the construction of a sewage plant.
  • Chair, LCIA arbitration concerning British and Russian companies in a construction dispute in Russia.

City Disputes Panel and Chartered Institute of Arbitrators

  • Chair (with 3 Professors of Medicine) regarding 700 + claims for alleged cancers and associated conditions arising out of employment at (and residents proximity to) a chemical plant owned by Multi-National Mining Company (for 5 years).
  • Sole Arbitrator in dispute between two British Companies regarding the provision of services relating to Financial Bonds.
  • 1 of 3 Arbitrators in Premier League Dispute between a player’s manager and Football Club and Manager.
  • Sole Arbitrator for Premier League in dispute between Player and Club.
  • Chair of 3 Arbitrators in dispute between two Premier League Clubs regarding player transfer and TV rights.
  • Chair of 3 Arbitrators in dispute between Club and Premier League regarding deduction of points of another Club.

Disciplinary Proceedings

  • Chair FA Premier League proceedings against Dennis Wise.
  • Chair FA Premier League proceedings against Ashley Cole, Jose Mourinho and Chelsea FC.
  • Chair of Appeal Tribunal regarding Law Society proceedings against a firm of solicitors.

Mediation

In 2002 he was Accredited as a Mediator by the Chartered Institute of Arbitrators. In 2008 he became a Fellow of Chartered Institute of Arbitrators (Mediation). This is the institute’s highest qualification.

  • Sole Mediator in an oil pipeline dispute between an Israeli Consortium and the Government of a former Soviet State.
  • Sole Mediator in a contractual dispute between an American oil company and an Anglo-American construction company.
  • Sole Mediator in a dispute between Power Suppliers and Pylon Construction Company.
  • Sole Mediator in the dispute between Tariq Ghafur and Sir Ian Blair, the Chief Constable of the Metropolitan Police.
  • Sole Mediator in a dispute between an international firm of Architects and a Middle Eastern Property Development Consortium.
  • Sole Mediator in dispute between an estate and a London Auction House regarding misattribution of a work of art.
  • Sole Mediator in a dispute between medical experts at the request of the Court of Appeal.
  • Joint Mediator in contractual dispute concerning intellectual property rights arising out of the 2007 America’s Cup.
  • Sole Mediator in a dispute between a bank and a commercial mortgagee regarding construction of a facility agreement.
  • Sole Mediator in a dispute concerning F1 Motor Racing in claim by two companies against two firms of solicitors for alleged professional negligence.

Principal Current Commitments

  • 1 of 3 Arbitrators (World Bank ICSID) regarding an Investment Dispute between European Company and a Foreign Government.
  • Instructions (with Professor Adrian Briggs) to give expert evidence before US Court in a Class Action.
  • 1 of 3 Arbitrators in a dispute between Football Players Agent and Premier League.
  • 1 of 3 Arbitrators in a dispute between Shipping Owners and Charterers.
  • 1 of 3 Arbitrators in LCIA Arbitration between US and Spanish companies regarding Distribution Agreement.
  • Expert Neutral Evaluation in Insurance claim arising out of flood.

Appointments and Society Memberships: 

  • In addition to his legal professional appointments, Sir Philip Otton was also Chairman of the Royal Brompton & Harefield Hospital NHS Trust and Chairman of the National Heart & Lung Institute. He was a Governor of Imperial College, London
  • Between 2001 - 2010 he was a Surveillance Commissioner (under the Regulation of Investigatory Powers Act - appointed by the Prime Minister). He is a Consultant to UBS Investment Bank and Honorary Legal Advisor to the Order of St John

Lectures and Teaching: 

He has Chaired and spoken at various Conferences in the world (including USA and China).