The Legal 500

Position

Has a broad commercial practice and appears regularly in the Commercial Court and in LCIA and LMAA arbitrations. He also has advocacy experience in ICC arbitrations and in the Court of Appeal. His practice covers a wide range of commercial work, including arbitration, international trade, shipping, civil fraud, joint venture disputes and competition law. His work often focuses on jurisdiction disputes and on disputes from emerging markets, particularly Russia and China, and regularly involves applying for injunctions or other urgent relief. He has also been involved in a number of high-profile cases as junior counsel to Steven Gee QC. Prior to being called to the Bar, Philip was based in China and Japan working in the commodities trade and in Brussels with the European Commission. Recent work includes: Stockholm Arbitration (ongoing) – US $415m joint venture dispute arising out of development of Ukranian gas fields; LMAA Arbitration (ongoing) – acting for large Chinese chemical company in dispute with an Indian commodities supplier; LClA arbitrations (ongoing) – multi-million dollar disputes arising out of share sale agreements in the Russian electricals retail sector; Starzacher v Goodwin [2009] – Successful application for freezing injunction in relation to drag along share sale rights of Independent News & Media Plc, pending registration in England of German interim order under the Judgments Regulation; McGuffick v RBS [2009] EWHC 2386 (Comm) – Commercial Court dispute – advising on the right to injunctive relief under the EC Unfair Commercial Practices Directive 2005 and the UK Consumer Protection from Unfair Trading Regulations 2008; 0 v C [2009] – Commercial Court dispute concerning the extent of the Court’s powers under s.44(3) of the Arbitration Act 1996 to grant urgent interim relief in support of arbitral proceedings relating to a failure to discharge cargo in Saudi Arabia; ICC arbitration (ongoing) – Multi-million dollar ICC dispute concerning the Portuguese cement industry and questions of conflict between the tribunal’s jurisdiction and the jurisdiction of Swiss courts; LClA arbitration [2007-20081 – dispute concerning the bulk cargo rice trade between China and West Africa. Also advised on a related appeal to the Singapore Court of Appeal (with Steven Gee QC); LClA arbitration [2005-20081 – US$120m fraud dispute between Ukrainian and Russian shareholders in a Ukrainian energy sector joint venture (with Steven Gee QC); four months spent with Holman Fenwick & Willan, Shanghai, 2007 – worked on a number of China-related LMAA and other international commercial arbitrations; T v G [2005] – successful Commercial Court application for a worldwide US$100m freezing injunction arising out of a Russian fraud dispute (with Steven Gee QC); ICC arbitration [2005] – multi-million dollar claim by shareholder in a Sudanese telecoms joint venture; Alphapoint v Rotem Amfert Negev Ltd (‘Agios Dimitrios’) [2005] 1 Lloyd’s Rep 23 – Commercial Court application under ss.68 and 69 of the Arbitration Act; Dollfus Mieg & Cie v CDW lnternational Ltd [2004] – US$50m Commercial Court joint venture dispute concerning textile manufacturing in China (with Mark Howard QC and Timothy Hill); Triton Navigation Ltd v Vitol S.A. (‘The Nikmary’) [2004] 1 Lloyd’s Rep. 55 (CA), [2003] 1 Lloyd’s Rep. 151 – Court of Appeal and Commercial Court dispute with Vasanti Selvaratnam QC regarding the obligation of a charterer to deliver cargo; Re Namco UK Ltd [2003] BCLC 78 – Appointment of a provisional liquidator in relation to a diamond mining business in Southern Africa.

Career

Called 2001 (Inner Temple). Frequent lecturer on arbitration. Bar Council China Committee. Publications: Vaughan, Lee, Kennelly & Riches: ‘General Principles of EU Competition Law’ (OUP, 2006).

Languages

Advanced Spanish and French, competent Mandarin.

Member

Bar European Group; European Circuit; COMBAR; Great Britain-China Centre; LCIA Young Arbitrators Group.

Education

Trinity College Cambridge BA Hons (First Class); City University CPE; ICSL BVC; Bar European Group/ICBET Scholarship 2001; Inner Temple Major Scholarship 1999; Inner Temple Major Scholarship 2000; Trinity College Senior Scholar; Rajiv Gandhi Exhibition.

Leisure

Mountaineering, skiing, riding.

Practice Areas

International commercial arbitration; Litigation - commercial; Shipping - marine