Sara Masters

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Sara specialises in all areas of commercial law. She has a particular interest in jurisdictional disputes, including jurisdictional issues arising in arbitration, and conflicts of laws problems, she also has extensive experience in insurance and reinsurance, sale of goods, shipping and commodities, construction, energy and European Union law.

She has appeared in the High Court, the Court of Appeal, the House of Lords, and the Privy Council and before the European Court of Justice. She also appears frequently before arbitrators in a broad range of disputes. She is a CEDR accredited mediator.

Listed as a Leading Junior for Shipping and Commodities in Chambers and Partners (UK Guide 2009) where she is described as "quick and enthusiastic", she is also recommended in the Legal 500 (2008) for Shipping and Commodities. She has also recently been named by The Lawyer magazine as one of this year's "Hot 100".

She is instructed for the insurers in The Front Comor, an important case currently before the ECJ on the compatibility with EU law of anti-suit injunctions to enforce arbitration clauses, in which the ECJ has just ruled that an anti-suit injunction granted restraining the Insurers from proceeding before the Italian Courts was incompatible with EU law.

She is also involved in advising on a number of disputes arising out of the "credit crunch". These have included the effect of the recent banking crisis on:

  • Shipbuilding contracts and ship sales;
  • Charterparties and bills of lading including withdrawals and termination of charterparties, contracts of affreightment, collection of unpaid freight or hire and the exercise of rights of lien;
  • International sales of goods including the cancellation of contracts, disputes over title to goods, cargoes afloat unsold and hedging disputes.

Her recent work in this area has also involved advice on jurisdictional points arising, injunctions and also the provision of English law advice in relation to Rule B attachments obtained in proceedings in the US

Specialisations: 

  • Jurisdiction and the Brussels Regulation
  • Private International law
  • Arbitration
  • Shipping and Commodities
  • Sale of Goods
  • Insurance and Reinsurance
  • Construction
  • Energy
  • EU law

Principal Cases: 

English courts

West Tankers Inc v Ras Riunione Adriatica di Sicurta "The Front Comor" [2008] 2 Lloyd's Rep 661 (ECJ AG Opinion), [2007] 1 Lloyd's Rep 391 (HL) - Arbitration - Anti-suit injunctions - Law applicable to subrogated claim - Law applicable to arbitration clauses.

Byzak Limited v Europea de Hincas Teledirigiadas, TCC (Judgment 14 June 2005) - Jurisdiction - Article 5(1) of Brussels Regulation.

Caterpillar Financial Services Corporation v SNC Passion [2004] 2 Lloyd's Rep 99 - Rome Convention - Law applicable to loan agreement.

Knauf UK GmbH v British Gypsum Ltd [2001] 1 Lloyd's Rep 199; [2002] 1 WLR 907 (CA) - Technical dispute over quality of plasterboard - Jurisdiction - Brussels Convention.

HIH Casualty and General Insurance Company Ltd v New Hampshire Insurance Company Ltd and Others [2001] 1 Lloyd's Rep 367; [2001] 2 Lloyd-s Rep 161 - Reinsurance - Film finance.

National Bank of Greece SA v Outhwaite Syndicate 317 at Lloyds [2001] Lloyd's Rep IR 652 - Insurance (marine) - Service of proceedings.

Ace Insurance SA-NC v Zurich Insurance Company [2000] 2 Lloyd's Rep 423; [2001] 1 Lloyd's Rep 618 (CA) - Jurisdiction - Reinsurance - Lugano Convention.

Brownsville Holdings Ltd v Adamjee Insurance Co Ltd [2000] 2 Lloyd's Rep 423 - Insurance (Marine) - Total loss - Insured Peril.

Nordstern Allgemeine Versicherungs AG v Internav Ltd [1999] 2 Lloyd's Rep 139 - Procedure - Costs order against non-party.

Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece [1999] 1 Lloyd's Rep 408 - Jurisdiction - Brussels Convention - Articles 5(1) and 5(3).

Shell International Petroleum Co v Coral Oil Ltd [1999] 1 Lloyd's Rep 72 - Arbitration - Anti-suit injunctions - Construction of arbitration clauses. The Nour [1999] 1 Lloyd's Rep 1 - Liability under charterparty for self-heating cargo - Causation.

Zeluga Polkska SA v TR Shipping Limited (No 2) [1998] 2 Lloyd's Rep 341 - Norwegian Sale Form - Sale of Ship - Notice of Readiness.

Akai Pty Ltd v The People's Insurance Co Ltd [1998] 1 Lloyd's Rep 90 - Insurance (Credit) - Anti-suit injunctions.

Philip Alexander Securities and Futures Ltd v Bamberger [1996] CLC 1757; [1997] ILPR 73 - Arbitration - EU law - Anti-suit injunctions.

Jurisdiction and the Brussels Regulation

In Re Haji-Ioannou (Deceased) [2009] EWHC 2310 (QB); Official Transcript - Law applicable to intestate succession - Registration of judgment under the Brussels Regulation.

Midgulf International Ltd v Groupe Chimiche Tunisien Queen's Bench Division [2009] 2 Lloyd's Rep. 411 - Arbitration - Anti-suit injunctions

West Tankers Inc v Ras Riunione Adriatica di Sicurta "The Front Comor" [2009] 1 Lloyd's Rep 413 - Arbitration - Anti-suit injunctions - Law applicable to subrogated claim - Law applicable to arbitration clauses.

Byzak Limited v Europea de Hincas Teledirigiadas, TCC (judgment 14 June 2005) - Jurisdiction - Article 5(1) of Brussels Regulation.

Knauf UK GmbH v British Gypsum Ltd [2001] 1 Lloyd's Rep 199; [2002] 1 WLR 907 (CA) - Technical dispute over quality of plasterboard - Jurisdiction - Brussels Convention.

Ace Insurance SA-NC v Zurich Insurance Company [2000] 2 Lloyd's Rep 423; [2001] 1 Lloyd's Rep 618 (CA) - Jurisdiction - Reinsurance - Lugano Convention.

Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece [1999] 1 Lloyd's Rep 408 - Jurisdiction - Brussels Convention - Articles 5(1) and 5(3).

Shell International Petroleum Co v Coral Oil Ltd [1999] 1 Lloyd's Rep 72 - Arbitration - Anti-suit injunctions - Construction of arbitration clauses.

Akai Pty Ltd v The People's Insurance Co Ltd [1998] 1 Lloyd's Rep 90 - Insurance (Credit) - Anti-suit injunctions.

Philip Alexander Securities and Futures Ltd v Bamberger [1996] CLC 1757; [1997] ILPR 73 - Arbitration - EU law - Anti-suit injunctions.

Akai Pty Ltd v The People's Insurance Co Ltd [1998] 1 Lloyd's Rep 90 - Insurance (Credit) - Anti-suit injunctions.

Philip Alexander Securities and Futures Ltd v Bamberger [1996] CLC 1757; [1997] ILPR 73 - Arbitration - EU law - Anti-suit injunctions.

Private International Law

In Re Haji-Ioannou (Deceased), supra

Caterpillar Financial Services Corporation v SNC Passion [2004] 2 Lloyd's Rep 99 - Rome Convention - Law applicable to loan agreement.

Akai Pty Ltd v The People's Insurance Co Ltd [1998] 1 Lloyd's Rep 90 - Insurance (Credit) - Anti-suit injunctions.

Arbitration

Midgulf International Ltd v Groupe Chimiche Tunisien [2009] 1 C.L.C. 1000 - Arbitration Clauses - Sale of Goods

West Tankers, supra

Shell International Petroleum Co v Coral Oil Ltd, supra

Insurance & Reinsurance

HIH Casualty and General Insurance Company Ltd v New Hampshire Insurance Company Ltd and Others [2001] 1 Lloyd's Rep 367; [2001] 2 Lloyd's Rep 161 - Reinsurance - Film finance.

National Bank of Greece SA v Outhwaite Syndicate 317 at Lloyds [2001] Lloyd's Rep IR 652 - Insurance (marine) - Service of proceedings.

Brownsville Holdings Ltd v Adamjee Insurance Co Ltd [2000] 2 Lloyd's Rep 423 - Insurance (Marine) - Total loss - Insured Peril.

Shipping & Commodities

Midgulf International Ltd v Groupe Chimiche Tunisien [2009] 1 C.L.C. 1000 - Supra

Nordstern Allgemeine Versicherungs AG v Internav Ltd [1999] 2 Lloyd's Rep 139 - Procedure - Costs order against non-party.

The Nour [1999] 1 Lloyd's Rep 1 - Liability under charterparty for self-heating cargo - Causation.

Zeluga Polkska SA v TR Shipping Limited (No 2) [1998] 2 Lloyd's Rep 341 - Norwegian Sale Form - Sale of Ship - Notice of Readiness.

EU Law

C-297/99 Skills Motor Coaches and Others, [2001] January 2001 ECR 1-573 - social legislation relating to road transport - use of tachograph.

C - 218/98 Abdoulaye - Judgment of the Court of Justice of 16 September 1999 - social policy - equal treatment - equal pay - maternity leave.

Vehicle Inspectorate v. Southern Coaches Ltd [1999] All ER (D) 1440 - social legislation relating to road transport - use of tachograph.

C - 47/97 Clark & Sons (Coaches) v. Ferne - [1998] ECR I- 2147 - Social legislation relating to road transport - compulsory use of tachograph.

C1/96 R v. MAFF ex parte RSPCA and C/WF Ltd [1998] All ER (EC) 302 - Articles 30 and 36 ECTreaty - extra territorial application of Article 36 - objective justification.

C - 387/96 Sjöberg - [1998] ECR I-1225 - Social legislation relating to road transport - exceptions to compulsory use of a tachograph.

Education and Career: 

Trinity College, Cambridge (MA)

Universite Libre de Bruxelles, licence speciale en droit europeen (Grande distinction)

Appointments and Society Memberships: 

  • CEDR accredited mediator
  • COMBAR
  • LMAA
  • supporting member LCLCLBA

Lectures and Teaching: 

Lectures frequently on jurisdiction and conflicts of law issues of topical interest.

Quotes: 

"Equally well liked, Sara Masters is extremely well regarded for her expertise in jurisdictional and anti-suit injunction matters. 'Always up for the fight', she was recently involved in the high-profile 'Front Comor' case" - Chambers and Partners UK Guide 2010

"Quick and enthusiastic" - Chambers and Partners UK Guide 2009

"Very tactically aware and practical in her approach"."Clear, efficient and responsive, which translates in 'taking good points' in argument." - Legal 500 2009

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