• Acted for the contractor in an ICC arbitration worth c. US$ 1 billion concerning disputes arising out of the construction of a metro system for a Middle Eastern state (led by Duncan McCall KC and Ben Pilling KC).
• Acted for the respondent (seller) as sole English counsel in an ICC gas price review arbitration in Munich worth in excess of €4 billion in respect of a dispute under a long-term take-or-pay contract for the sale of Libyan gas (with Bonelli Erede).
• Acted for the respondent in an LCIA arbitration arising out of a dispute under a joint venture agreement for the construction of a 110-hectare mixed-use urban development in Russia worth in excess of US$250 million (led by Duncan McCall KC).
• Acted for a major European construction company in an ICC arbitration in Milan concerning a dispute arising out of the tendering process for the construction of a motorway in Romania.
• Acted for an insurance company in an ad hoc arbitration concerning issues of construction of a reinsurance policy and aggregation (led by Christopher Hancock KC).
• Acted in an LCIA arbitration concerning a claim for misrepresentation following a partnership dispute at a major international retail property agency (led by Philip Edey KC).
• Acted in an LCIA arbitration concerning allegations of unfair prejudice by a minority shareholder of a large Eastern European vodka company (led by Duncan Matthews KC and Blair Leahy KC).
• Acted in an LCIA arbitration in respect of a disputed claim under a letter of guarantee relating to an investment by a Middle Eastern state-owned property developer (led by Duncan McCall KC).

Tom’s reported cases in the High Court include:

• Argos Pereira Espana SL v Athenian Marine Ltd (“The Frio Dolphin”) [2021] 2 Lloyd’s Rep. 387, [2022] 1 All E.R. (Comm) 345, [2021] 1 CLC 552: A s69 appeal establishing the right to claim equitable compensation for foreign litigation brought in breach of the equitable obligation on an assignee to arbitrate in accordance with an arbitration clause governing the rights assigned to it.
• FSL-9 PTE Ltd v Norwegian Hull Club [2016] 2 All E.R. (Comm) 576 – A case about whether a “liberty to apply” provision in a P&I Club letter of undertaking conferred on the court a power to compel a P&I Club to put up further security (led by Charles Kimmins KC).
• Geden Operations Ltd v Bulk Handy Holdings Inc (“The Bulk Uruguay) [2014] 2 Lloyd’s Rep. 66 – A s69 appeal concerning a time charterer’s right to order a vessel to transit the Gulf of Aden (led by Charles Kimmins KC).
• The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain and The French State (“The Prestige”) (No 2) [2014] 1 Lloyd’s Rep. 309 A multi-billion Euro oil pollution case arising out of the loss of the M/T Prestige off the coast of Spain in 2002, involving applications under s66, 67 and 72 of the Arbitration Act 1996. The case raised conflicts of law issues, including a consideration of the Through Transport doctrine, sovereign immunity and arbitrability (led by Christopher Hancock KC and Charlotte Tan).

The majority of Tom’s shipping practice consists of arbitration. Recent cases include:

• LMAA Arbitration – acting for the charterers in a dispute following the loss of a Pure Car And Truck Carrier following a vehicle fire after loading, worth in excess of US$ 70 million (led by Charles Kimmins KC).
• LMAA Arbitration – acting for the charterers in a dispute arising out of an explosion and fire on the MSC Flaminia (led by Julian Kenny KC).
• LMAA Arbitration – acting as sole counsel for a party under a Vessel Sharing Agreement in respect of a dispute following the arrest of two vessels due to suspected drug smuggling.
• LMAA Arbitration – acting for buyers in a four-week arbitration under two resale contracts for seventh generation ultra deepwater drillships in a dispute with a shipyard worth US$ 350 million (led by Michael Ashcroft KC).
• LMAA Arbitration – acting as sole counsel in an arbitration concerning a dispute under a Norwegian Saleform contract for the sale of an oil tanker.
• LMAA Arbitration – acting as sole counsel in an arbitration arising out of the termination of a ship sale contract on the basis of delays in payment of the purchase price.
• LMAA Arbitration – acting as sole counsel in a three-day arbitration following the cancellation of a long-term offshore exploration contract on the basis of the Covid-19 pandemic and force majeure.
• SCMA Arbitration – acting for the owner of a Dive Support Vessel in a 10 day expedited arbitration in Singapore arising out of the premature termination of a long term charterparty by her charterers (led by Timothy Hill KC).

• LCIA Arbitration – acting for a major commodities trader in a three-day arbitration concerning jurisdiction and liability in a dispute worth US$ 120 million arising under a sale and purchase agreement for LNG (led by Timothy Hill KC).
• LCIA Arbitration – acting as sole counsel for a buyer of a cargo of oil in a five-day arbitration against the seller following claims made in China in respect of quality and the description of the cargo.
• An ICC Arbitration – acting as sole counsel for the purchaser of a cargo of naptha in a one-day arbitration in Panama City against a South American state-owned oil company.
• An LCIA Arbitration – acting as sole counsel for a major international bank in an arbitration arising under long-term contracts for the sale and purchase of iron ore produced by a mine in Sierra Leone.
• An LCIA Arbitration – acting as sole counsel for a European trade credit bank in an arbitration concerning defaults under a contract for the sale of steel to a Middle Eastern construction company.
• Acting for the buyer in a claim in the Commercial Court concerning the effect of sanctions on a contract for the sale of Belarusian bio-fuel (led by Guy Morpuss KC).
• Acting for the seller in a claim in the Commercial Court concerning liability for Scandinavian excise duties under sale contracts for cargoes of fuel oil.

• Acted for a former director of a Championship football club in a case about breach of directors’ duties and defamation (led by David Reade KC).
• Acted for the agent of an English Test Match cricketer in a dispute about unpaid commission.
• Acted for a football “Super Agent” in a dispute with another agent about the entitlement to commission following a multimillion pound transfer of an international football player.
• Acted for a Premier League Football Club in a dispute about the development and sale of non-fungible tokens (NFTs).

• Obtaining an anti-suit injunction for Dell to restrain proceedings brought by a distributor in Morocco in breach of an arbitration agreement (led by Thomas Raphael KC).
• Acting for a major European bank in an application in the Commercial Court arising out of litigation concerning an allegedly fraudulent claim under a marine insurance policy (led by Julian Kenny KC).
• Acting for a leading internet games company in a claim in the Commercial Court concerning a contract for the redirection of internet traffic to a target website.
• Acted for a major international bank in a dispute with a sovereign wealth fund over the recoverability of management fees following the termination of an investment management agreement.
• The English Electric Company Ltd v Alstom UK Ltd [2015] EWHC 924 (QB); [2016] EWCA Civ 1314: acted for the claimant (at first instance and in the Court of Appeal) in a claim about the extent to which liability for negligently exposing an engineering apprentice to asbestos could be passed up a chain of indemnities in sale and purchase agreements (led by David Lewis KC).
• Associated Electrical Industries Limited v Alstom UK [2014] EWHC 430 (Comm) – A case considering the correct approach to procedural default in light of the Jackson Reforms and the decision of the Court of Appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537.