24 LINCOLN'S INN FIELDS, LONDON, WC2A 3EG, ENGLAND
- Tel:
- Work 020 7813 8000
- Fax:
- Fax 020 7813 8080
- DX:
- 320 LONDON CHANCERY LANE WC2
- Web:
- www.essexcourt.net
- Email:
Ricky Hersh Diwan
- Tel:
- Work +44 20 7813 8000
- Email:
Position
International commercial arbitration (in London and abroad under ad hoc arrangements and a variety of institutional roles) both under English law and a variety of foreign laws (including public international law), international commercial litigation, and related arbitration and jurisdictional applications. The disputes have involved a wide variety of differing subject matter, including commodities, mining, joint ventures, oil and natural gas, pharmaceuticals, securities trading, telecommunications, expropriation, insurance and reinsurance. Recently appointed chairman of an international arbitration tribunal under the LCIA rules. Recent cases: TNEB v ST-CMS [2008], Lloyd’s Rep 93, application under s72 of Arbitration Act 1996 and whether arbitration clause governing by English law was to be disapplied in favour of alleged mandatory Indian law; Elektrim v Vivendi [2007] 2 Lloyd’s Rep 8, scope of s37 of Supreme Court Act 1981 in the context of arbitration; Satyam v Upaid [2008] E WCH 31 (comm)-scope of jurisdiction clause, parallel English and Texan proceedings; Antec v Biosafety [2006] (Gloster J) All ER 208, resisted application to stay English proceedings in favour of Florida proceedings on the basis of a non-exclusive English court jurisdiction clause; IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Gross J) [2005] 2 Lloyd’s Rep 326, application to enforce a Nigerian award in excess of US$100m within the jurisdiction, obtaining security in the sum of US$50m as grounds for adjourning enforcement; Through Transport Mutual Insurance Association v New India Assurance (Moore-Bick J) [2005] 2 Lloyd’s Rep 378, appointment of an arbitrator pursuant to s18 of the Arbitration Act 1996 in the context of a non-party to a contract of insurance which sought to make a claim under the contract pursuant to a Finnish statute; and Through Transport Mutual Insurance Assocn v New India Assurance [2005] 1 Lloyd’s Rep 67 and [2004] 1 Lloyd’s Rep 206, characterisation of claim under a Finnish statute and whether anti-suit injunctive relief in support of arbitration was consistent with the EU Judgments Regulation.
Career
Called 1998. Publications of note: ‘Problems associated with the enforcement of arbitral awards revisited: Australian Consumer Protection; Conflict of Laws; an English perspective’, ‘Arbitration International’, Vol.19, Number 1 (2003) at pp55-66.
Member
COMBAR; LCIA.
Education
Trinity College, Cambridge (BA; MA Hons Law first class); Harvard Law School (LLM).
Practice Areas
International commercial arbitration; Litigation - commercial; Fraud: civil