Alistair Schaff KC KC > Chambers of Gavin Kealey KC > London, England > Barrister Profile
7 King's Bench Walk Offices
7 King's Bench Walk
TEMPLE
LONDON
EC4Y 7DS
England
- Set Profile
- Go to...
Alistair Schaff KC KC
Position
Barrister and Arbitrator specialising in all aspects of international commercial law, including international arbitration (in the UK and abroad, both as advocate and arbitrator), insurance and reinsurance, conflict of laws/jurisdiction disputes, shipping, international sale of goods, oil disputes, professional and commercial negligence. He was named the Chambers Bar Awards Insurance Silk of the Year for 2009 and has been regularly shortlisted ever since. He was named the Legal 500 Awards Shipping Silk of the Year for 2015 and the Chambers Bar Awards Shipping Silk of the Year for 2018.
Significant cases as a barrister include: Equitas v Municipal Mutual [2019] EWCA Civ 718 – the application of principles of good faith to a claim under a reinsurance in respect of mesothelioma liabilities; Atlas Navios v Navigators [2018] UKSC 26 – a war risks insurance case in which a vessel was detained when cocaine was discovered strapped to her hull; Clarks v In Focus [2014] EWCA Civ 118 – a financial services case in which res judicata principles precluded subsequent court proceedings for claims in excess of the maximum amount awardable under the FOS jurisdiction; Helmot v Simon [2012] UKPC 5 – a personal injury case upholding the use of a negative discount rate for lump sum awards of damages; Standard Life v Ace [2012] EWHC 104 (Comm), [2012] EWCA Civ 1713 – a pension fund mis-selling case involving a claim for ‘mitigation costs’ under a professional liability policy; Aioi v Heraldglen [2013] EWHC 154 (Comm) – a reinsurance case involving ‘9/11 – one event or two?’; Wasa v Lexington [2009] UKHL 40 – a leading House of Lords case on the nature/scope of ‘back to back’ reinsurance. In addition, he has been involved in countless high-profile international arbitration disputes ranging from Middle East oil concessions, South American political risks and pharmaceutical liabilities to Far Eastern hotels damaged by the Tsunami and banking fraud. Currently involved in Covid-19 insurance and reinsurance disputes.
As an arbitrator, he is regularly appointed in all manner of international commercial arbitrations, both institutional (ICC, UNCITRAL and LCIA) and otherwise, and as sole or party-appointed arbitrator or chair. He has considerable experience as an arbitrator not merely in insurance and shipping matters but in commercial disputes more generally. Recent appointments as arbitrator include disputes relating to alleged banking fraud, bribery in relation to large commercial contracts, product liability, gas pricing, oil pollution and the transfer of shares, as well as insurance and shipping disputes by the dozen.
Career
Called 1983; Queen’s Counsel 1999.
Education
Cambridge University (MA).
Lawyer Rankings
London Bar > Insurance and reinsurance
(Leading Silks)Ranked: Tier 1Alistair Schaff KC – 7 King’s Bench Walk ‘The go to person for insurance and reinsurance matters. Clever, a pleasure to work with, and a calm, authoritative advocacy style.’
Known in the industry as the ‘leader in insurance and reinsurance disputes,’ with ‘rich history and top quality barristers of all levels,’ 7 King’s Bench Walk remains a pre-eminent set for all aspects of insurance and reinsurance work, with barristers instructed on the year’s high profile and high value cases, as well as aiding in the development of the law. During 2023, aviation litigation became one of the core areas of the insurance practice, with Andrew Wales KC, Clara Benn acting for AIG, and other members such as Rebecca Sabben-Clare KC and Alistair Schaff KC acting as opposing counsel in Aercap Ireland v AIG Europe and Lloyds Insurance Company which is the lead case begun by lessors against the aviation insurance market concerning the Russian government’s effective seizure of aircraft from foreign lessors. On top of this, members including Michael Ryan, Peter MacDonald Eggers KC, Sandra Healy and Gavin Kealey KC have been involved in the Covid-19 business interruption series of test cases, with Josephine Higgs KC acting for policyholders on Prevention of Access clauses in Gatwick Investment Ltd & Ors v Liberty Mutual Insurance. Julia Gibbon and Douglas Grant are names to watch.
London Bar > International arbitration: arbitrators
(Leading counsel as arbitrators)Ranked: Tier 2Alistair Schaff KC –7 King’s Bench Walk ‘Alistair is a safe pair of hands because whether he is appointed as an arbitrator or co-arbitrator, everyone involved can be certain that the arbitration and the award will be impeccable. His preparation for a hearing will be diligent and thorough. At the hearing the evidence and arguments will be tested, when necessary, but always with courtesy and restrained.’
Arbitrators at 7 King’s Bench Walk are a popular choice for disputes across a broad range of sectors, most notably insurance and reinsurance, shipping and logistics. Full-time arbitrators at the set include former deputy president of the Supreme Court Lord Mance, former High Court judge Sir Jeremy Cooke, and James Drake KC. Counsel accepting arbitral appointments include Gavin Kealey KC, Alistair Schaff KC and Stephen Hofmeyr KC.
London Bar > Shipping
(Leading Silks)Ranked: Tier 1London Bar > Commodities
(Leading Silks)Ranked: Tier 2London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 2London Bar > Energy
(Leading Silks)Ranked: Tier 2London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 4Alistair Schaff KC – 7 King’s Bench Walk ‘Alistair is excellent on his feet.’
7 King’s Bench Walk offers an impressive ‘array of talent at all levels’ and is particularly renowned for its expertise in insurance, reinsurance, and shipping disputes as part of a broader commercial disputes offering. Barristers in the set have been instructed by various parties in aviation litigation concerning whether aircraft expropriated by the Russian Federation – after the imposition of sanctions following its invasion of Ukraine – are permanently lost, and whether this loss is attributable to a war risk or an all-risk insured policy. This includes Gavin Kealey KC, Clara Benn, and Ralph Morley’s defence of AIG, and Richard Waller KC and Michael Ryan’s defence of Lloyds Insurance Co against aircraft lessor AerCap Ireland. Additionally, Alistair Schaff KC and Rebecca Sabben-Clare KC are acting for the claimant in Dubai Aerospace Enterprise Ltd v Lloyd’s Insurance Company and others, with Jonathan Gaisman KC, Siobán Healy KC, Keir Howie, and others representing Global Aerospace. Members have also been active in a number of COVID-19 business interruption cases, including Gavin Kealey KC and Josephine Higgs KC acting for the Al Mana group in its Commercial Court claim against three Gulf-based insurers.