David is a solicitor-advocate who specialises in international commercial and investment arbitration and has represented clients and acted as arbitrator in various jurisdictions. David has a significant Eastern European and CIS practice. He is a member of the Chartered Institute of Arbitrators, the LCIA, the Swiss Arbitration Association and is on the panel of recommended arbitrators of a number of arbitration institutions including the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce of the Russian Federation.
David's recent and ongoing matters include representing:
- The respondents in a high-value shareholders dispute conducted under the rules of the LCIA concerning a major Russian company.
- Victor Pinchuk and EastOne in claims for loss of profits and dividends arising out of the operation and management of a ferroalloy holding in the Ukraine and a claim for breach of an obligation to transfer shares in a Ukrainian iron ore plant.
- Russian telecommunications company MTS in ICC arbitrations against state entities and the state of Turkmenistan in connection with breaches of contractual obligations.
- A major Russian bank in a US$ multi-million fraud claim involving proceedings and ancillary measures in a number of jurisdictions.
- A bank on breaches of financial obligations by its customer, including interim measures and enforcement of foreign judgments.
- A major Russian corporation in connection with an investment arbitration claim against an ex-Soviet state.
- A party to a joint venture operating in the transportation sector in Russia and structured through the use of Cypriot companies in connection with a corporate dispute between the venture parties involving arbitration and ancillary measures in national courts.
- A Russian manufacturer in the automotive sector on a contractual debt dispute with an English company, including insolvency proceedings in respect of the English company.
- Managers of a Russian private equity fund on a dispute resolution strategy in respect of a dispute with investors in the fund.
- The respondents in an LCIA arbitration in respect of claims for breach of warranties and indemnities in a sale and purchase agreement regarding a major insurance business in Russia brought by a major international insurance company.
- The respondents in connection with an LCIA arbitration in respect of alleged breaches of a sale and purchase agreement regarding a Russian-based oil refinery.
- Multiple respondents, including a Russian private equity fund, in respect of an LCIA arbitration arising out of a sale and purchase agreement regarding the acquisition of a minority interest in a Russian dairy and baby-food business by a major international investor concentrating on emerging markets.
- A Kazakh bank in mediation and arbitration proceedings dealing with a professional advisor who was seeking payment for services that it allegedly had performed for the bank.
- An investor into an Eastern European country in an arbitration under the Energy Charter Treaty.
- A high net worth individual in a dispute involving ownership of shares in a major Eastern European insurance company, including obtaining interim orders in other jurisdictions in support of arbitral proceedings.
- A successful claimant in an ICC arbitration against a sovereign state, including defending a challenge of the arbitral award on jurisdiction in the English Court (Republic of Serbia v. ImageSat International NV  EWHC 2853 (Comm)).
- On a dispute concerning ownership of various investments in the Republic of Serbia.
- A major telecommunications company in ICSID (additional facility) arbitration against an ex-soviet state.
- A company in connection with an investment arbitration claim against a Central European State relating to a development project that was due to take place in the State.
- A major producer of aluminium in Europe in a number of LCIA arbitrations against a major international commodity trading company. The case related to breaches of long-term supply contracts.
- A commodity trader in a dispute related to payments that ought to have been made under a gas supply contract against a European fertilizer producer.
- A bank in a dispute conducted under the ICC rules in connection with demand guarantees governed by the URDG.
- A high net worth individual in a complex commercial dispute involving issues of unjust enrichment, construction of agreements and the principles of quantum meruit.
- In relation to a dispute concerning unlawful expropriation of confidential information.
- A bank on breaches of funded sub-participation agreement and breach of fiduciary duty.
- On enforcement of arbitral awards and interim measures in support of arbitration proceedings.
- On the choice of dispute resolution clauses.
- The respondents in an LCIA arbitration brought by a financial institution in connection with an aborted syndicated facility.
- A respondent in an ICC arbitration against a sovereign state concerning alleged breaches of contractual agreements.
- The seller of an oil processing plant in connection with a dispute arising out of the sale transaction.
- A mining specialist in connection with a dispute regarding its rights under a services agreement concerning a metals mine in Latin America.
- A major producer of aluminium in Europe in an LCIA arbitration against a European alumina supplier in a US$30 million claim.
- A client on a contractual claim against a BVI company relating to the failed refurbishment of a number of aircraft.
As well as:
- Acting in a number of cases in the Eastern Caribbean Supreme Court, in the BVI, involving disputes related to, or arising out of, arbitrations.
- Acting in two multi-party, multijurisdictional disputes the combined value of which is in excess of US$0.5 billion.
- Challenging the appointment of an arbitrator in the English courts.
In addition, David is regularly appointed as arbitrator. Recent appointments include:
- Chairman or member of tribunal in a number of arbitrations under the Rules of the ICAC at the Chamber of Commerce of the Russian Federation.
- Sole arbitrator in an ICC arbitration in London involving an M&A transaction in the finance industry in Russia.
- Arbitrator in three LCIA related multi-party cases arising out of an M&A transaction in the real estate sector in Russia, the dispute involved multiple proceedings and interim measures in various jurisdictions.
- One of three arbitrators in an LCIA case arising out of an investment in the finance sector in Russia.
- Arbitrator in Stockholm under the SCC Rules in a dispute arising out of an M&A transaction in the telecoms sector in Russia.
- Chairman of an ICC tribunal in a telecommunications dispute in the Middle East.
- One of three arbitrators in a US$400 million dispute involving investments in the energy sector under the UNCITRAL Rules, with the seat of arbitration in Brussels. The case involved interpretation of an option agreement in relation to companies that owned a licence to a major oil field.
- One of three arbitrators in an LCIA dispute involving an M&A transaction in the commodities sector in the Middle East.
Bars and Courts
Law Society of England and Wales
Solicitor Advocate (Higher Rights of Audience)
BPP Law School, London
Diploma in International Commercial Arbitration, Keble College, Oxford University
Professional Associations and Memberships
Chartered Institute of Arbitrators
Swiss Arbitration Association
International Commercial Arbitration Court at the Chambers of Commerce of the Russian Federation
Working group The City UK – creation of MFC (working group involved in Moscow Financial Centre)
Awards and Recognition
David is recognised in Legal 500 and Chambers as a "leading individual" in the field of Arbitration
David is the editor of the Russian version of the new Swiss Rules of International Arbitration and has written a number of articles on arbitration related matters.
"Why Russian disputes are resolved outside Russia?" Russian Investment Review, September 2007.
The Russian Federation chapter of C. Liebscher & A. Fremuth-Wolf (eds.), Arbitration Law and Practice in Central and Eastern Europe, Juris Publishing, June 2006.