Stephen Males QC

Practice as a barrister specialising in international commercial law since 1980; Queen's Counsel since 1998. Counsel in numerous commercial disputes,including all aspects of international trade and sale of goods, shipping, insurance, banking, professional negligence and energy law. Many cases raise issues of private international law or arbitration law and practice.

Recent cases include: The Front Comor (HL and ECJ) on anti suit injunctions; East West v. DKBS (CA) on bailment; The Luxmar (CA) and Bunge v. Soufflet (Commercial Court) on FOB contracts; The Laemthong Glory (CA) on the Contracts (Rights of Third Parties) Act; Trafigura v. Kookmin Bank (Commercial Court) on the Private International Law Act; Tramtrack Croydon v.London Bus Services (Commercial Court) on comfort letters; and Gulf v. Bunge (Commercial Court) on the FOSFA arbitration rules. Numerous appointments as arbitrator (ICC, LCIA, LMAA, SIAC and ad hoc.

Specialisations:

General commercial
International trade
Sale of goods
Shipping
Insurance
Banking
Energy
Private international law
Arbitration

Principal Cases:

Admiralty

The Bazias 3 [1993] Q.B. 673 (CA) - arrest of vessels to obtain security for arbitration awards.

Arbitration

K/S A/S Bani v. Korea Shipbuilding [1987] 2 Lloyd's Rep 445 (CA) - security for costs of international arbitrations.

PPG v. Pilkington (1988) (Saville J) - arbitrator and counsel from the same chambers.

Huyton v. Jakil [1999] 2 Lloyd's Rep 83 (CA) - striking out arbitration appeal after order for remission.

The Front Comor [2007] UKHL 4 (HL) - compatibility of anti-suit injunctions to enforce arbitration clauses with the Brussels Regulation.

The Alexandros T [2007] EWHC 1893 (Comm) (Cooke J) - power of the court to grant anti-suit injunction where arbitrators refuse permission to apply.

Gulf v. Bunge [2007] EWHC 2667 (Comm) (Flaux J) - ad hoc submission.

Banking

Czarnikow-Rionda v. Standard Bank [1999] 2 Lloyd's Rep. 187 (Rix J.) - no injunction to restrain payment under letter of credit.

Credit Agricole Indosuez v. Muslim Commercial Bank [2000] 1 All ER (Comm) 172 (CA) - documents required by letter of credit must be precisely stipulated.

Chailease v. Credit Agricole Indosuez [2000] 1 All ER (Comm) 399 (CA) - place of performance of letter of credit.

Credit Agricole Indosuez v. Credit Suisse First Boston [2001] 1 All ER (Comm) 1088 (Morison J) - documents "to be accepted as presented".

Civil Procedure

East West Corporation v. DKBS (No 2) [2003] EWCA Civ 174; [2003] 1 Lloyd's Rep 265 (CA) - Part 36 offers in the Court of Appeal.

The Laemthong Glory [2004] EWHC 2226 (Comm); [2004] 2 All ER (Comm) 797 (Colman J) - successive applications for an interim relief to first instance judges.

Contract

Grogan v. Robin Meredith Plant Hire [1996] CLC 1127 (CA) - standard conditions not incorporated by signature on time sheets.

Huyton v. Cremer [1999] 1 Lloyd's Rep 620 (Mance J) - economic duress.

Huyton v. Dipasa [2003] EWCA Civ 1104; [2003] 2 Lloyd's 780 (CA) - no rescission despite misrepresentation where contract contains an alternative remedy.

Latchin v. General Mediterranean [2003] EWCA Civ 1786 (CA) - implied contract for payment of architect's fees.

The Laemthong Glory [2005] EWCA Civ 519 (CA) - enforcement of a letter of indemnity under the Contracts (Rights of Third Parties) Act 1999.

Tramtrack Croydon v. London Bus Services [2007] EWHC 107 (Comm) (Christopher Clarke J) - letters of comfort and agreements to negotiate.

Energy Law

Amoco v. Amerada Hess [1994] 1 Lloyd's Rep 330 (Morritt J.) - redetermination of equity interests in North Sea oilfield.

Scottish Power v. Britoil (CA, 18 November 1997) - sale of North Sea gas field.

European Law

R v. Secretary of State for Transport, ex parte Factortame (No. 7) [2001] 1 WLR 942 (Judge Toulmin QC) - limitation period for state liability claims; no damages for injured feelings.

Insurance

Coven v. Hong Kong Insurance [1999] CLC. 223 (CA) - all risks including shortage in weight.

Intellectual Property

Ocular Sciences v. Aspect Vision Care [1997] R.P.C. 289 (Laddie J.) - remedies for breach of confidence; duties of directors of a wholly owned subsidiary.

Collag v. Merck [2003] FSR 263 (Pumfrey J) - patent entitlement and breach of confidence.

International Trade & Sale of Goods

The Playa Larga [1983] 2 Lloyd's Rep 171 (CA) - diversion of Cuban sugar sold to Chile.

The Naxos [1990] 1 W.L.R. 1337 (HL) - seller's duty under RSA rules to have sugar ready to be delivered.

Cargill v. Bangladesh Sugar [1996] 2 Lloyd's Rep 524 (Morison J.), [1998] 1 W.L.R. 461 (CA) - buyer's duty to account for proceeds of performance bond.

The Selda [1998] 1 Lloyd's Rep.416 (Clarke J.), [1999] 1 Lloyd's Rep. 729 (CA) - charterparty cancellation costs not excluded by GAFTA default clause.

Zenziper v. Bulk [2001] 1 All ER (Comm) 385 (CA) - free on trucks.

Fal Oil v. Petronas [2004] EWCA Civ 822; [2004] Lloyd's Rep 282 (CA) liability for demurrage in sale contracts.

Tradigrain v. STC [2005] EWHC 2206 (Comm) (Christopher Clarke J) - nature of buyer's duty to account for proceeds of performance bond.

ERG v. Chevron Texaco [2006] EWHC 1322 (Comm) (Langley J); [2007] EWCA Civ 494 (CA) - delivery obligations under FOB sale contracts.

Gulf v. Bunge [2007] EWHC 2667 (Comm) (Flaux J) - lapse of claim under FOSFA Arbitration Rules; ad hoc submission to arbitration.

Private International Law

Shell v. Coral [1999] 1 Lloyd's Rep. 72 (Moore-Bick J.) - anti-suit injunction to restrain proceedings in breach of contract despite mandatory provisions of foreign law.

Molins v. GD [2000] 1 W.L.R. 1741 (CA) - service abroad by fax under the Brussels Convention and the CPR.

Evialis v. SIAT [2003] EWHC 863 (Comm); [2003] 2 Lloyd's Rep 377 (Andrew Smith J) - anti-suit injunctions and the Brussels Regulation.

The Front Comor [2005] EWHC 454 (Comm); [2005] 2 Lloyd's Rep 257 (Colman J); [2007] UKHL 4 (HL) - anti-suit injunctions and the Brussels Regulation.

Trafigura v. Kookmin Bank [2006] EWHC 1450 (Comm); [2006] 2 All ER (Comm) 1008 (Aikens J) - the applicable law of a tort under the Private International Law Act 1995.

Professional Negligence

Somatra v. Sinclair Roche & Temperley [2003] EWCA Civ 1474 (CA) - damages for professional negligence leading to settlement of litigation at an undervalue.

Shipping

The Lutetian [1982] 2 Lloyd's Rep 140 (Bingham J.) - withdrawal from time charter; estoppel by silence.

The Niobe [1995] 1 Lloyd's Rep 579 (HL) - ship sale agreement.

The Spiros C [2000] 2 All ER (Comm) 542 (CA) - bill of lading freight payable as per charterparty; no implied liability on shipper to discharge.

Norden v. Andre [2003] EWHC 84 (Comm); [2003] 1 Lloyd's Rep 287 (Toulson J) - damages for repudiation of a Freight Futures Agreement.

East West Corporation v. DKBS 1912 [2003] EWCA Civ 83; [2003] QB 1509 (CA) - shipowners' liability in bailment for delivery without production of bills of lading.

The Laemthong Glory [2005] EWCA Civ 519 - enforcement of a letter of indemnity under the Contracts (Rights of Third Parties) Act 1999.

The Sea Success [2005] EWHC 1542 (Comm); [2005] 1 All ER (Comm) 441 (Aikens J) - Cargo subject to clausing of the bills of lading.

ICC

Party appointed arbitrator in dispute over supply of glass making equipment.
Sole arbitrator in sale contract dispute between Belgian and Chinese parties.
Party appointed arbitrator in dispute between Swiss and Channel Islands parties over sale of Tajik aluminium (Zurich seat).
Sole arbitrator in dispute between Italian and Austrian parties over Austrian software distribution agreement.
Sole arbitrator in dispute between Austrian and Lichtenstein parties over sale of Russian coal.
Party appointed arbitrator in disputer between Austrian and US parties over saline water conversion project in Saudi Arabia (Paris seat).
Sole arbitrator in technology licence dispute between US and French parties.
Sole arbitrator in sale contract dispute between UAE and Egyptian parties.
Party appointed arbitrator in dispute between UAE and German parties over supply of machinery and equipment (Paris seat).
Party appointed arbitrator in dispute between Brazilian and Turkish parties over sale of iron ore (Paris seat).
Sole arbitrator in dispute between Lebanese and Brazilian parties over international payment order.
Sole arbitrator in sale contract dispute between Indian and Singaporean parties.

LCIA

Sole arbitrator in share transfer dispute between US/Italian and Kazakh parties.
Party appointed arbitrator in shareholder agreement dispute over African telecommunications company.
Sole arbitrator in dispute over shares in Ukrainian energy companies.
Party appointed arbitrator in sale contract dispute between Italian and Spanish parties.
Party appointed arbitrator in breach of confidence and patent entitlement dispute between multi national company and US/Israeli parties.
Party appointed arbitrator in shareholder agreement dispute.
Chairman in sale contract dispute over declaration of force majeure in Indonesia.
Chairman in sale contract dispute between Swiss and US parties.
Party appointed arbitrator in sale contract dispute over failure to open letter of credit.

Maritime/LMAA

Party appointed arbitrator in charterparty dispute over rudder failure.
Chairman in charterparty dispute over withdrawal of cruise liner.
Chairman in charterparty dispute over adding periods of off hire to length of charter.
Chairman in dispute arising out of settlement agreement regarding New York water taxi.
Party appointed arbitrator in claim for bill of lading freight against Malaysian receivers.
Party appointed arbitrator in claim for damages for breach of arbitration clause (CMACMG v. Hyundai Mipo Dockyard on appeal at [2008] EWHC 2791).
Sole arbitrator in dispute over termination of cruise vessel charterparty.
Chairman in bill of lading dispute over US corn sold to Egyptian receivers.
Chairman in dispute over termination of charterparty for diving support vessel.
Sole arbitrator in charterparty dispute whether charterers' order valid.
Sole arbitrator in bill of lading dispute over oil contamination.
Party appointed arbitrator in shipbuilding disputes.
Party appointed arbitrator in charterparty disputes arising out of credit crunch.
Party appointed arbitrator in dispute about ownership of equipment on board offshore oil support vessel.
Party appointed arbitrator in charterparty dispute over early redelivery.

SIAC

Party appointed arbitrator in dispute between Singaporean and Korean parties over sale contract (Singapore seat).

Ad Hoc

Sole arbitrator in insurance dispute between P&I club and Italian party.
Party appointed arbitrator in sale contract dispute over Ukrainian steel.
Chairman in forward freight agreement dispute between Luxembourg and Swiss parties.
Chairman in Bermuda form business interruption insurance dispute.
Chairman in telecommunications agreement dispute.

Education and Career:

MA (Cantab)Scholar of St John's College, Cambridge

Middle Temple Harmsworth Scholarship

Publications:

Writer of occasional articles and case notes for legal journals including:

"Fundamental breach - burden of proof - reasonableness" [1978] C.L.J. 24,

"Notice of contract terms - a common law requirement of reasonableness?" [1996] L.M.C.L.Q. 334,

"Confidence in arbitration" [1998] L.M.C.L.Q. 245,

"Comity and anti-suit injunctions" [1998] L.M.C.L.Q. 543,

"Unseaworthiness, the Institute Cargo Clauses and the ISM Code" [1999] I.T.L.Q. 136.

Appointments and Society Memberships:

Deputy High Court Judge
Recorder
Chartered Arbitrator and FCI Arb
Bencher of the Middle Temple
Supporting Member, LMAA
Chartered Institute of Arbitrators Panel Appointment Member
SIAC Panel Member
Member of the Commercial Court Committee
Member of the Baltic Exchange
Member of the panel of disciplinary tribunal members for the Province of Canterbury
Canon of Rochester Cathedral
COMBAR

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