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Andrew Feld

Andrew has a busy commercial practice encompassing all areas of chambers work, including commercial disputes, shipping, shipbuilding and commodities, company and insolvency and competition law. He has particular experience of cases involving conflicts of laws issues, including anti-suit injunctions, contested jurisdiction challenges and cross-border insolvency cases.

Andrew regularly appears, both as sole counsel and as part of a larger team, in the Commercial Court and a range of arbitral tribunals. He also actively seeks out opportunities for trial advocacy, as a result of which he has appeared as sole counsel in several trials on the multi- and fast-tracks.

Andrew's recent cases in the High Court include:

  • Dell Emerging Markets (EMEA) Limited v Systems Equipment Telecommunications Services SAL [2018] EWHC 702 (Comm) (Anti-suit injunctions against non-contractual parties; termination of international IT distributorship agreement; the rule in Ralli Brothers; characterisation).
  • Seatrade Group NV v Hakan Afro DMCC ("The Aconcagua Bay") [2018] EWHC 645 (Comm) (leading case on the scope of the warranty “always accessible” in a voyage charter, whether such warranty applies to departure from the berth).
  • Marks and Spencer PLC v Union Apparels (Private) Limited [2018], London Circuit Commercial Court (Anti-suit injunction, ex parte injunction, sale of goods).
  • Glencore Energy UK v Freeport Holdings Limited ("The Lady M") [2018] Lloyd’s Rep Plus 22; [2018] Bus LR 294; [2017] EWHC 3348 (Comm) (leading case on the definition of barratry and the scope of the fire exception in Art. IV(2)(b) Hague/Hague-Visby Rules. Currently on appeal to the Court of Appeal).
  • Dell Emerging Markets (EMEA) Limited v IB Maroc.com [2017] EWHC 2397 (Comm) (Anti-suit injunctions against non-contractual parties, technology dispute concerning delivery of cloud infrastructure).
  • C21 London Estates Ltd v Maurice Macneill Iona Ltd [2017] EWHC 998 (Ch): (franchise agreements, fraudulent misrepresentation, conditions vs innominate terms, repudiatory breach. Currently on appeal to the Court of Appeal).
  • Kolmar Group AG v La Seda de Barcelona [2016], Commercial Court (cross-border insolvency; jurisdiction challenge; interaction between Brussels I Recast (Ref 1215/2012) and the Insolvency Regulation (Reg 1346/2000); dispute under long-term chemical supply contract).
  • Glory Wealth Shipping v Shandong Iron and Steel Company [2015], Commercial Court ($8m claim for repudiatory breach of COA, misrepresentation, effect of insolvency on measure of loss).

His recent cases in arbitration include:

  • Ad Hoc Arbitration (2017) - multi-million-dollar dispute concerning the impact on ten shipbuilding contracts of US, UN and Korean sanctions against Iran, including the designation of a party under US Executive Order 13382 making dollar payments unlawful and impossible. Issues included whether the contracts were frustrated and whether such frustration was self-induced or foreseeable. Further issues over whether a party was entitled to terminate for an event of insolvency.
  • LCIA Arbitration (2017) - shipbuilding dispute concerning buyer’s entitlement to cancel in respect of trial run performance and whether trial-run results had been fraudulently prepared.
  • LMAA Arbitration (2017) - dispute arising out of an investment of a chartering venture, part of a series of arbitrations relating to an alleged investment fraud. Issues as to rectification, agency and the scope of supervisory obligations.
  • LCIA Arbitration (2016) - dispute between a major private equity fund and a European bank over entitlements to carried interest. The case concerned a fraud allegedly perpetrated by the bank was an event of default resulting in its loss of entitlement to carried interest.  
  • ICC Arbitration (2015) - dispute between two international telecommunications corporations concerning the rights to use patented technologies essential to the 2G and 3G standards (“Standard-Essential Patents”).

Andrew also regularly advises on and appears in disputes spanning the full range of contentious insolvency and company law. He has particular experience of misfeasance actions and other claims brought against directors. He has acted for both office holders and directors in a number of such matters, which have involved allegations of breach of statutory and fiduciary duties, unlawful loans, unlawful distributions and knowing receipt by third parties. Andrew has also acted for office holders in relation to applications for relief in respect of preferences and transactions at undervalue. Andrew enjoys applying his experience of company and insolvency law to a wider range of commercial disputes.

Before coming to the Bar, Andrew worked for several years as a competition and regulatory economist. He initially practised at the Competition Commission before moving to the private sector as an economic consultant. His experience is an asset in matters involving competition law, as well as in cases of a technical or complex nature more generally.

Andrew read Philosophy, Politics and Economics at Oxford, has a master’s degree in Economics from UCL and came top of his year in the Bar exams.

Education and Career: 

Education

Brasenose College, Oxford: Philosophy, Politics and Economics BA(Hons) (2007)

University College London: Economics MSc, Distinction (2009)

City University: GDL, Distinction (2012)

BPP Law School: BPTC, Outstanding, top in year (2013)

Scholarships and Prizes

Brasenose College Examinations Book Prize (2005)

Open Scholar of Brasenose College (2005-2007)

Inner Temple Exhibition Award (2011 and 2012)

Outstanding Professional Achievement Award, BPP (2013)

Highest Performing Professional Award, BPP (2013)

Mooting

Runner up, Inner Temple Lawson Moot (2012)

Finalist, City University Moot (heard in the Supreme Court) (2012)

Publications: 

Co-author of the chapter "Directors' Liabilities: Exemption, Indemnification and Ratification" in Mortimore, "Company Directors Duties, Liabilities and Remedies" (3rd Ed. (2017), OUP)

20 Essex Street case update 'No more peeking behind Pergan' October 2015

Appointments and Society Memberships: 

COMBAR

Young Fraud Lawyers Association

Insolvency Lawyers Association

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