Barristers

Michael Black KC

Newmans Row, London

Work Department

International Arbitrator and Mediator

Position

Judge at the DIFC Court of Appeal and Judge in charge of the Digital Economy Court (DEC); International Arbitrator and Mediator

Career

Michael was called to the Bar in 1978 and took silk in 1995, Bencher of the Middle Temple in 2006 and became an accredited mediator at Harvard Law School in 1993.  He spent nearly 5 years as a member of the English Civil Procedure Rule Committee involved in drafting the English Court Rules relating to Arbitration Claims, the Commercial Court and Technology Construction Court amongst others. As a result he retained to help set up the Courts of the Dubai International Financial Centre (DIFC) in 2004.

Michael serves as a Judge at the DIFC Court of Appeal and is Judge in charge of the Digital Economy Court (DEC). He is a member of the Court of the Casablanca International Mediation and Arbitration Centre (CIMAC) and Visiting Professor at Manchester University where he lectures and supervises Masters and Doctorates in international dispute resolution.  He is a Chartered Arbitrator and has been a Fellow of the Chartered Institute of Arbitrators for over 30 years.

Formerly, a member of the ICC Commission on Arbitration and ADR, Task Force for Emergency Arbitrator Proceedings , Member Civil Justice Council (2005-9), Deputy High Court Judge (2008 – 2013), Member of Court of Appeal panel of mediators (2001 – 2003), Member Civil Procedure Rule Committee (2000 – 2004), Assistant Commissioner, Parliamentary Boundary Committee for England (2000), Deputy Judge of Technology and Construction Court (1999-2013), Recorder of the Crown Court (1999-2013), RICS President’s Panel of Arbitrators (1999), Presenter (Disciplinary Prosecutor) for Chartered Institute of Arbitrators (1995), FIMBRA panel of arbitrators (1993 – 1995).

Throughout his practice Michael has been involved disputes relating to construction, energy, oil and gas (including pricing), insurance, banking and financial services disputes, AI and technology, hotel management, civil fraud and asset recovery, hedge funds and structured investment vehicles, company, partnership and insolvency.  Michael has appeared as Counsel in the Caribbean Supreme Court (BVI), the Eastern Caribbean Court of Appeal, Isle of Man, Cayman Islands, The Bahamas and Singapore International Commercial Court.

Michael has practiced in international arbitration appearing as Counsel in several leading English and Privy Council cases which include: B v A – whether failure to apply chosen law a “mere error” or procedural irregularity – status of dissenting opinions; Michael Wilson & Partners v Emmott – challenging tribunal’s award as to its substantive jurisdiction – decision on procedural matters; Cetelem SA v Roust Holdings Ltd – whether judge has jurisdiction to make interim mandatory order pending ICC arbitral proceedings – whether court usurping arbitral process; Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited – powers of Court of Appeal to review decision of Judge on appeal from arbitrator; Al-Naimi v Islamic Press – duties of judge when considering stay of court proceedings; IPCO v NNPC – enforcement of a New York Convention award subject to challenge at the seat; Anzen v Hermes One – optional arbitration clauses and stay of proceedings. ZCCM v Kansanchi – procedural order or award – section 68 Arbitration Act 1996.  He was known to be “top of many people’s list for international arbitration work”.

For the last 30 years Michael has practiced as an arbitrator, accepting appointments as sole, party-appointed and chair in ad-hoc proceedings in England & Wales, Africa, India, Middle East, Eastern Europe, Singapore and China as well as under the City Disputes Panel, ICC, LCIA, DIAC, UNCITRAL, LMAA, SCMA and DIAC Rules.

Michael has sat in more than 150 arbitrations and throughout his career, Michael has been highly regarded both as Counsel and Arbitrator for his contribution to the arbitral community.  He is referred to as one of the “Most in Demand Arbitrators in the UAE“ and “… exceptionally fair, measured and thoughtful, whilst remaining utterly charming towards the parties. He is a consummate professional who is at the top of his game as an arbitrator, with decades of experience in complex commercial disputes all around the world” (Legal 500).

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