David Mildon KC KC > Essex Court Chambers > London, England > Lawyer Profile

Essex Court Chambers
24 LINCOLN'S INN FIELDS
LONDON
WC2A 3EG
England
David Mildon KC photo

Position

General commercial litigation and arbitration including ABCI v Banque Franco Tunisienne [2003] 2 Lloyd’s Rep 146; Assurances Generales De France I.a.r.t. v Grundstad (Brussels Convention – Rix J, 1996); Merzario v Leitner [2001] 1 Lloyd’s Rep 490 (CA – jurisdiction under CMR); Pratt & Witney v AXA (TCC – 2002 – Brussels Convention – action directe). Oil, gas and electricity litigation including British Gas plc v Shell UK and Esso Exploration and Production (Brent ‘K’ factor indexation dispute); National Power v United Gas (CA and Colman J – North Sea take or pay); Shell UK Ltd v Enterprise Oil Plc and Elf Exploration UK Plc [1999] 2 Lloyd’s Rep 456 (North Sea equity redetermination); National Power Plc v National Grid Plc (CA, 16/7/98 – connection charges); BP Gas Marketing Ltd v Corby Power Ltd (May 2000); Nukila [1996] 1 Lloyd’s Rep 85, [1997] 2 Lloyd’s Rep 146 (insurance of oil field jack up platform); The Renewable Energy Company Ltd v Thames Water Utilities Ltd (Etherton J, April 2001 – meter registration); Npower Direct Ltd v South of Scotland Power Ltd [2005] EWHC 2123 (commercial agency in electricity industry); BP Gas Marketing Ltd v Centrica Storage Ltd [2009] EWHC 732 (gas storage); P T Thiess Indonesia v KPC [2011] EWHC 68 (Comm) (price review, jurisdiction); numerous gas price reviews (Portugal, Spain, Croatia, Denmark, Germany etc, since 2007 and continuing); gas balancing dispute (Tierra del Fuego, 2014); sales of electricity under EFET terms (Budapest, 2010); contractual obligations relating to ROCs, LECs, CCL, EU ETS and CERs (2007-2014); disputes before regulatory dispute resolution bodies such as the PNE Panel (2003); three determinations as the expert appointed under expert determination clauses in long-term energy supply contracts; disputed capacity payments, Malaysia, 2015; Insurance and reinsurance including North Atlantic Insurance Co Ltd v Nationwide General Insurance Co Ltd [2004] EWCA (Civ) 423 (insolvency within insurance pool); College Credit Ltd v NIG Skandia [2004] EWHC 978 (credit insurance); Kazakhstan Wool Processors v NCM [2000] 1 All ER (Comm) 708 (export credit insurance); Wunsche v Tai Ping [1998] 2 Lloyd’s Rep 8 (marine voyage policy); appointed to panel of Lloyd’s. Enforcement Tribunal chairman 2001, and re-appointed 2009 and 2012; Chair of Panel in 2015; Banking and financial services including Household Global Funding Inc v British Gas Trading Ltd (2001 – Lloyd J and Lightman J); Seaconsar v Bank Markazi [1997] 2 Lloyd’s Rep 89, [1999] 1 Lloyd’s Rep 36 (documentary credit). Shipping – including Gulf Azov v Chief Idisi (CA 2002); Maersk Columbo [1999] 2 Lloyd’s Rep 491 – collision damage; Aegean Sea [1998] 2 Lloyd’s Rep 39; Sheltam Rail v Mirambo [2008] 2 Lloyd’s Rep 195 (discontinuance of proceedings under 1996 Act); Bremen Max [2009] 1 Lloyd’s Rep 81 (P&I Club LOI); Monford Shipping v Libyan Iron & Steel (2011, freight); bareboat charter delivery disputes (2015). Publications of note: ‘Agreements to Agree: does expert determination provide a default solution’ (TDM, October 2005); ‘Property in commingled gas – the legal structures compared’ (OGEL, March 2006); ‘Gas Pricing Disputes’ 19 July 2012: http://www.eisourcebook.org/cms/Gas%20Pricing%20Disputes.pdf; Gas Price Arbitrations, Chapter on The Adjustment Phase, Globe Law and Business, 2014; Singapore International Arbitration: Law and Practice, chapter on Commencing an Arbitration and Constituting the Tribunal, 2014.

Career

Called 1980; QC 2000.

Languages

French.

Memberships

LMAA; Energy Arbitrators List; SIAC Panel; DIAC Panel.

Education

Cambridge University (part I, economics; part II, law; LLB).

Lawyer Rankings

London Bar > Energy

(Leading Silks)Ranked: Tier 2

David Mildon KCEssex Court Chambers ‘Extremely knowledgeable about the oil and gas sector, he is collegiate in his dealings with the Tribunal.’

Essex Court Chambers is ‘without question a go-to set when you have a difficult issue’, particularly in ‘high-value, frighteningly complex multi-jurisdictional energy disputes’. It has a long-standing practice in large-scale energy litigation, building on the synergy with its market-leading practice in international commercial arbitration, and its members have notable expertise in cases concerning gas pricing, production sharing agreements and joint operating agreements. Paul Key KC successfully represented Petrochemical Holdings in its $2bn+ claim against Romania arising out of a dispute as to redevelopment of petrochemicals plants. David Mildon KC has in-depth knowledge of solar feed-in tariffs, renewables obligation, contracts for differences in the electricity market, and Graham Dunning KC was lead counsel in Dynasty v Kurdistan Regional Government & Hawrami, which concerned a $1.5bn claim concerning change of control of two blocks under production sharing contracts in the eponymous autonomous area in the north of Iraq. Outstanding junior Siddharth Dhar acted for P&ID in seeking to enforce a $9.5bn award against Nigeria in respect of a failed gas project.

London Bar > International arbitration: arbitrators

The standard of the individuals is consistently outstanding‘, at Arbitrators at 24 Lincoln’s Inn Fields which is praised for its ‘strength in depth‘ and its wide selection of ‘top commercial arbitrators‘. The chambers is an affiliate of the elite commercial set Essex Court Chambers, where many of the arbitrators, including Graham Dunning KC, Jeffrey Gruder KC and David Mildon KC still practice as counsel. They join an impressive array of former barristers and judges, many of which previously practiced at Essex Court. Lord Collins and Sir Bernard Eder are the most high profile names among the full-time arbitrators, but the set caters for the full spectrum of industries, including construction, energy, insurance and reinsurance, and shipping.

London Bar > International arbitration: counsel

(Leading Silks)Ranked: Tier 3

David Mildon KCEssex Court Chambers ‘Very clinical and logical analysis and dissection of contracts. He is able to understand connections between clauses that other eminent lawyers have overlooked.’