David Owen QC
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(Non-Neutral work in italics)
Banking & Finance
- ISDA cross border dispute: large freight futures claims.
- Derivatives: dispute between financial institutions: commodity basis swaps.
- Bank/adviser dispute over investment banking fees for projects in central Asia.
- Major banker/customer disputes: cross border mortgages and valuation issues.
- Private equity: dispute over investor sharing mechanism in bio-medical sector.
- Dispute over the private equity financing of a well-known leisure business, and the exercise of options by investors.Alleged negligence by portfolio manager in managing investments for high net worth individuals.
- Disputes over fees for corporate restructuring advice.
- Advising on Eur. 1 bn convertible bond issue, and providing opinion for overseas Court proceedings.
- Advising on valuation disputes involving exotic instruments used in repo transactions between banks arising from the credit crunch.
- Advising on dispute between bank and hedge fund relating to repo transactions, and margin/valuation issues (Sums in dispute approx. $300m).
- Advising on dispute between banks concerning repo financing: $28m at stake.
- Arbitration between bank and hedge fund concerning repo lending and other issues arising out of credit crunch. Approx. $30m in dispute.
- Acting as Counsel in numerous cases concerning allegations of mis-selling of complex financial products (various types of derivatives and collateralised debt obligations).
- Advising as Counsel on numerous issues under ISDA documentation.
- Recruitment/resource outsourcing: termination claims.
- Food processing: claims for fraud and breach of contract.
- Pharmaceuticals: distribution & supply dispute.
- Dissolution of a cross-border joint venture with shipping/maritime interests.
- Pharmaceuticals: dispute over distribution of drugs in England and Europe. Approximately $35m in dispute.
- Retail sector: claims and cross claims between suppliers and retailers involved in UK fashion industry.
- Book publishing: dispute concerning royalties relating to major non-fiction series of books.
- Share sale warranties: warranty dispute related to the sale of a company.
- Newspaper publishing: acting in Expert Determination concerning printing of national newspapers.
- Alleged fraud linked with property development scheme in England and Germany.
- Claims between company and director involving allegations of breach of duties and fraud.
Construction & Engineering
- Dispute between a main contractor and consulting engineers over services provided in relation to the construction of an £800m road causeway.
- Claim and multiple cross claims giving rise to issues as to compliance with building regulations and quantum of damages.
- Major Middle East infrastructure project dispute over fees related to the construction of a bridge.
- Counsel in large arbitration concerning Middle Eastern transportation project.
Energy & Natural Resources
- Cancellation of drilling operations in North Sea: termination of use of Platform Support Vessel.
- Gasoil contamination claim, involving chain of parties and approximately $6m claim.
Environmental: Dispute concerning testing services provided as part of an Environmental Agency programme to control pollution.
ICT – Information Communications & Technology
- Acted as counsel in long-running litigation concerning provision of mobile phone services in UK.
- Acted as counsel in major arbitration & court proceedings concerning satellite equipment.
- Mortgage fraud insurance claims: Disputes concerning settlement of a large book of mortgage fraud reinsurance claims, raising issues of legal construction and proof of loss.
- Liability insurance: Workplace accident – substantial claims against liability insurers – issues as to illegality.
- Reinsurance: disputes relating to pool accounting and duties of pool members.
- Personal accident: Complex insurance claims relating the quantum of loss payable to a championship athlete as a result of injuries sustained in an accident.
- Political risk and unfair calling cover: acting in an arbitration involving major Middle Eastern civil engineering project.
- Advising on bond risk insurance and reinsurance of approx. $50m, linked to projects in Libya.
- Counsel in case involving issues as to claims co-operation between parties to reinsurance, relating to large business interruption claim in Latin America.
Partnership & Shareholder
- Dispute over application of restrictive covenants, warranty claims and consultancy fees.
- Dispute between a consultancy company and a director concerning alleged breach of duties owed to company.
- Sole arbitrator in major dispute relating to an LLP in the financial sector.
- Shareholder/warranty claim arbitration (as arbitrator) concerning network of European companies.
- Claim against accountants for negligent preparation of accounts and tax advice.
- Counsel work in cases against accountants, ship brokers, insurance brokers and lawyers.
- Dispute involving transfer of tenancy between commercial companies, and issues as to proper parties to make, and settle, claims.
- Dispute between parties to a property development joint venture in London. Claims of £2.7m plus shares in £60m fund.
- Counsel to Far East Government in major arbitration concerning property development.
Sale of Goods & Services
- Rice trading: issues as to authority and terms of contract.
- Iron ore trading: banking/trading dispute.
- Fuel purchase dispute: contamination claims. Complex issues as to specifications and analysis results, $1-$2m in dispute.
- Commodities – long-term trading contracts – failure to take delivery – allegations of improper business practice. Approximately $6m in issue.
- Public procurement dispute – National Health Service.
- Ship performance claims: speed & consumption.
- Time charter disputes, e.g. effect of lack of oil major approvals.
- Ship sale dispute: claim for approx. $16m, with major damages issues.
- Chartering claim for $15m; delayed delivery and complex damages issues.
- Charterparties: chemical attack to vessel and repairs. Dispute with multiple parties. Claims for several million dollars.
- Demurrage claim, with cross claim for breach of obligations as to oil major approvals. $4m in dispute.
- Charter party underperformance claims.
- Fuel cargo contamination claims, involving complex technical issues as to cause of contamination.
- Involved as Leading Counsel and as Arbitrator in various shipbuilding disputes, with claims up to approximately $100m.
- Advising on effect of war in Libya on obligations under charter parties.
- Charter party: arbitration concerning seizure of drugs on board a cargo vessel.
- Ship conversion/barges: advising on complex disputes concerning contracts for a pipe-laying barge. Approximately $20m at stake.Advising on issues as to freight forward agreements (FFAs) in the shipping context.
- Arbitration appeal concerning duties of FOB buyers in international sale contracts, raising issues of general importance regarding nominations and inspections of vessels.
Other Dispute Resolution Experience
David is a Fellow of the Chartered Institute of Arbitrators. He is a member of the Civil Mediation Council, and Bar Council ADR Committee. He is also a member of the London Court of International Arbitration, the London Maritime Arbitrators’ Association (Supporting Member), and is a panel arbitrator for the Singapore Chamber of Maritime Arbitration and the Kuala Lumpur Regional Centre for Arbitration. He sits on the Management Committee of ARIAS, the insurance and reinsurance arbitration society.
He was Chair of the Board of, and had management responsibility for, a London mediation service, for many years. He enjoys lecturing and training, and has lectured on mediation and related topics in London, continental Europe and Singapore. He also trains and assesses mediators in England and abroad.
Updated: September 2015