Michael Tselentis QC

Sole arbitrator in a US$1 billion LCIA arbitration between hedge funds and their managers, investment managers and valuation agents, relating to the management of the funds, fraud by the investment manager, and the valuation of complex and illiquid securities.

Chairman of an ICC Tribunal in an arbitration between USA and Kuwaiti interests pursuant to an agreement for the distribution in the Middle East of computer software designed for hydrocarbon processing industries.

Sole arbitrator in two consolidated ICC references under a Software Agreement and a Services Agreement between Swiss and South African interests.

Presiding Arbitrator in an LCIA reference between investors and developers of a substantial property development project in Qatar.

Member of an ICC Tribunal in a dispute under a joint venture for telecommunications services in a middle-Eastern country.

Member of an LCIA Tribunal in a dispute under a shareholders' agreement for a digital pay TV platform in a Middle Eastern country.  

Sole arbitrator in an LCIA reference arising from the establishment and operation of a t20 cricket league in a prominent cricketing jurisdiction.

Member of an ICC Tribunal in an arbitration between USA and South African interests relating to a licence agreement and proprietary technology in respect of mine-protected military vehicles.

Member of an ICC Tribunal in an arbitration between two major brewery groups over a trademark licence agreement relating to the production of a beer brand in Southern Africa.

Member of an ICC Tribunal in a dispute between Romanian and South African interests under a contract governed by French law for the manufacture and marketing of motor vehicles.

Sole arbitrator in an ICC reference relating to a dispute between Israeli and Dutch interests arising from a commercial venture in Eastern Europe.

Member of an ICC Tribunal in a dispute between a UK corporation and the government of an East African country under an agreement to render pre-shipment customs inspection verification services.

Sole arbitrator in an LCIA reference relating to loan and guarantee agreements.

Sole arbitrator in an LCIA reference under a distributorship agreement for medical diagnostic equipment between Netherlands and Kuwaiti interests.

Sole arbitrator in an LCIA reference between South African and Israeli interests arising out of joint venture and shareholders' agreements for the manufacture of automotive components.

Sole arbitrator in an LCIA dispute between a leading firm of solicitors and their clients over unpaid fees.

Sole arbitrator in an ad hoc reference between UK and Canadian interests arising from contractual, accounting and tax disputes under a contract for the sale of shares in a platinum group metals processing venture.

Tribunal member in an UNCITRAL arbitration arising from contracts for the manufacture and supply of components for mining equipment to a global mining house.

Sole arbitrator in a dispute between South African and Botswana interests relating to the exploitation of forestry reserves.

Sole arbitrator appointed by the London Commercial Court in two arbitrations (heard concurrently) between the government of a West African country and a Korean corporation relating to contracts for the supply of heavy equipment.

Member of an Arbitration Foundation of Southern Africa Appeal Panel in a dispute under special risks insurance arising from forest fires.

Sole arbitrator in an Arbitration Foundation of Southern Africa reference relating to the preparation and implementation of closing date accounts in respect of the sale of a South African supermarket group.

Sole arbitrator appointed by the Chartered Institute of Arbitrators in a dispute relating to the conduct and liquidation of estate agency businesses.

Sole arbitrator appointed by the Chartered Institute of Arbitrators in two disputes between liability insurers as so their respective exposure to the insured under a Participating Insurers' Agreement.

Tribunal President in an ICC reference relating to disputes between French and Tanzanian interests under a road construction contract.

Tribunal President in an ICC reference relating to disputes under a contract for the provision of engineering services in Nigeria.

Tribunal President in an ICC reference relating to disputes between USA and Trinidad and Tobago interests arising out of a contract for the provision of sub-sea horizontal directional drilling services and the installation of gas pipelines in the West Indies.

Tribunal President in a reference relating to disputes under a construction contract governed by FIDIC Rules.

Sole arbitrator appointed by the LCIA: dispute between a USA corporation and Jordanian interests in respect of a contract for the construction of water reticulation works in Jordan.

Chairman of a dispute adjudication board in a dispute under a port dredging contract.

Sole arbitrator in an ad hoc reference relating to a tidal defence system and associated works in a harbour.

Tribunal member in an ICC reference relating to a hydro-electric project.   

His arbitration work is informed by his broad experience as Counsel in commercial disputes, both in South Africa (1978-2000) and the United Kingdom (1996-2015), the main features of which were the following:    

International Arbitration

He was leading Counsel in a number of high-value international arbitrations, which included:

Two long-running International Chamber of Commerce arbitrations before Singapore Tribunals on behalf of the Claimants, operators of pulp and paper and electricity generation plants in Thailand who sought substantial damages (in the form of lost pulp and paper production and diminished electricity generation) from the Finnish designers/suppliers of biomass-fuel fluidised bed power boilers on the grounds of defective design and unsuitability for burning locally-sourced biomass fuels, and negligent erection supervision.

An LCIA arbitration before a Paris Tribunal between Russian and Nigerian interests arising from an offshore oil prospecting licence granted by the Nigerian Government and ensuing commercial agreements.

An arbitration under UNCITRAL Rules before a London Tribunal between the operator of an oil and gas plant in Kazakhstan and a contractor, which raised issues relating to the proper performance of welding work on small-bore piping, quantification of loss and damage, and VAT liabilities under the laws of Kazakhstan.

An arbitration before a London Tribunal between the main contractor and a sub-contractor in respect of the design and installation of sub-sea flow-lines in an oil and gas field off the South African coast, the conversion of an oil tanker into an FPSO, and its installation on site.

Expert determination proceedings before an Australian QC under the laws of Western Australia between a leading mining house and commodity trader arising from an economic hardship clause in an iron ore supply contract and the collapse of the iron ore market in 2008.

An arbitration before a London Tribunal between the national shipping corporations of Iran and Azerbaijan, arising from a joint shipping venture in the Caspian Sea and the break-up of the Soviet Union which raised issues as to state succession and continuity of corporate legal personality under English conflict of laws and the laws of the USSR, Azerbaijan and Russia.

An arbitration before a London Tribunal between a leading commodity trader and the governmental purchasing agency of a European country relating to alleged breach of contract and fraud in respect of 32 cargoes of crude oil.

Other noteworthy arbitration work as Counsel included:

Two references between the insured interests and underwriters of aircraft hull and liability policies arising from aircraft accidents.

Arbitration and associated High Court proceedings between the shareholders of mining companies in Namibia, arising from disagreements as to the management of the companies and assets.

South Africa arbitration proceedings between the trustees and beneficiaries of a family trust with substantial farming and horse-breeding interests arising from alleged maladministration of the trust.   

Mining and Energy

He advised extensively on precious metal and base mineral rights disputes while in practice in South Africa, and held general retainers from the Anglo American Corporation, De Beers Mining Corporation, and their subsidiary and associated companies.

He continued to advise on South African mining law issues after moving to London, with particular reference to the implications and effect of the Mineral and Petroleum Resources Development Act, 2002, under South African and international law.

He was retained by the Claimants in Piero Foresti v The Government of the Republic of South Africa (2008), a BIT case under ICSID Rules, as an expert witness on South African mining law.

He was the leading counsel for Impala Platinum in their high-profile dispute with the Royal Bafokeng Nation which challenged Impala's rights to mine platinum group metals in Bophuthatswana, in the period 1996-1999 (Bafokeng Tribe v Impala Platinum Ltd and Others 1999 (3) SA 517 (BH)). He was also a member of Impala Platinum's legal team in the 1988-1989 litigation with the Royal Bafokeng Nation (Bafokeng Tribe v Impala Platinum Limited and Others, High Court of Bophuthatswana Judgment delivered on 30 May 1989).

He was Counsel in a number of South African High Court and Appellate Division cases relating to open-cast mining operations, the grant of surface-right permits, the validity and registrability of prospecting contracts, the de-watering of underground dolomitic compartments, the exercise of options to acquire mineral rights, judicial review of mining accident enquiries, and an arbitration arising from a contract for the processing of mine dumps in order to recover gold residues. A list of reported cases is available on request.

Shipping and Commodities

His experience as Counsel in this field includes:

A number of arbitrations before LMAA Tribunals relating to disputes under demise, time, and voyage charters and shipbuilding contracts, including two references arising from sulphur corrosion damage to the holds of bulk carriers.

Standard Chartered Bank v Dorchester LNG, the “Erin  Schulte"  [2013]  EWHC  808  (Comm)  and  [2014]  EWCA Civ 1382: the provisions of COGSA, 1992 relating to the delivery of indorsed bills of lading and title to sue, the rights of a confirming bank under letters of credit, and the legal nature of a beneficiary’s claims under such letters.

A Hong Kong arbitration arising from the sinking of a bulk carrier as a result of the fluidization of a fluorspar cargo.

Macieo Shipping Ltd v Clipper Shipping Lines Ltd ("The Clipper  Sao  Luis") [2000] 1 Lloyds Rep. 645: fire damage to cargo; liability for negligence of stevedores.

Seawind Tankers Corporation v Bayoil SA [1999] 1 Lloyd's Rep. 211 (CA): whether winding up proceedings competent on the basis of claims for freight and diversion expenses notwithstanding cross-claims for damages.

Marine Trade SA v Pioneer Freight Futures Co Ltd & Armada Singapore Pte Ltd [2009] EWHC 2656 (Comm) -- derivatives  (forward  freight  agreements)  and  construction  issues  relating  to  the  1992  ISDA  Master Agreement.

North Sea Energy Holdings BV v Petroleum Authority of Thailand [1999] 1 Lloyd's  Rep. 483 (CA): disputes under a crude oil supply agreement and claim for damages on the basis of a "loss of chance".

Toepfer v Societe Cargill [1998] 1 Lloyd's Rep. 379 (CA): anti-suit injunctions.

Savage and Lovemore Mining (Pty) Ltd v International Shipping Co (Pty) Ltd  1987  (2)  SA  149  (W):  conformity of shipping documents presented under CIF sales of steam coal and effect of contravention of statutory export control scheme on seller's right to recover the purchase price.

Fontana Holdings (Pty) Ltd v Chiavelli (South Africa, unreported): claim for commission moneys arising from  the alleged supply of crude oil to the SA Govt in breach of UN sanctions.

Insurance

He has advised in a number of insurance disputes involving South African and UK insurers/insureds and reinsurance interests under both English and South African law, including asbestosis and silicosis claims.

He has also advised in a broad variety of insurance disputes, including liability and professional indemnity cases, and has appeared in a number of reported South African insurance cases.

Commercial

He has appeared in a considerable number of reported cases in the South African Supreme Court and Appellate Division on a range of commercial issues, which include marine and non-marine insurance issues, schemes of arrangement under the South African Companies Act, subordination agreements and personal liability of company directors, the assignability of future and contingent rights, the concurrence of contractual and tortuous remedies for pure economic loss, unjustified enrichment, the effect of bribery on contractual obligations, the recognition and enforcement of foreign judgments, vicarious liability for the negligence of independent contractors, the validity of discretionary trusts, insolvency issues, rights of pre-emption, conditions of auction, the stay of legal proceedings in favour of arbitration, exchange control issues, and the fiduciary duties of trustees and the liability of trustees' professional advisers for professional negligence.

A list of his reported cases is available on request.