Alistair Schaff KC > Chambers of Gavin Kealey KC > London, England > Barrister Profile
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Alistair Schaff 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 > International arbitration: arbitrators
(Leading counsel as arbitrators)Ranked: Tier 2Alistair Schaff KC –7 King’s Bench Walk ‘As an arbitrator, he is hands-on, on top of the detail, and runs proceedings smoothly and effectively. Very quick, unfailingly polite, collaborative, and good fun to work with.’
London Bar > Shipping
(Leading Silks)Ranked: Tier 1With ‘excellence across the board’, barristers at 7KBW offer clients a diverse set of expertise that covers both wet and dry shipping. The set remains a go-to choice for a variety of stakeholders in the maritime sector, including insurers, charterers, P&I clubs, and shipowners. One of the highlights for Stephen Hofmeyr KC in 2022 was the Argentum Exploration Limited v Silver, a case that decided the Republic of South Africa was not entitled to immunity from the jurisdiction of the court under the State Immunity Act 1978 regarding the salvage of silver from a ship sunk in the Indian Ocean in 1942. Alistair Schaff KC has a strong reputation regarding superyachts, while Dominic Kendrick KC acts in cases relating to sanctions, amongst others. Marcus Mander also had another strong year, acting in SK Shipping Europe PLC v. Capital Maritime & Trading Corp, a case that arose out of the charter of four crude carriers, opposite Christopher Smith KC. N G Casey KC took silk in 2023, and Robert Bright KC (as was) was appointed to the High Court bench at the beginning of the same year.
London Bar > Commodities
(Leading Silks)Ranked: Tier 2Alistair Schaff KC – 7 King’s Bench Walk ‘Great on his feet, polite and super-intelligent.’
London Bar > Energy
(Leading Silks)Ranked: Tier 2Alistair Schaff KC –7 King’s Bench Walk ‘Alistair is great on his feet, polite, and super-intelligent.’
7 King’s Bench Walk is ‘the market leader for complex energy insurance coverage disputes’, and one client remarks that the set has ‘strength in depth in this field not just at the silk level but also the senior juniors are very strong in this field’. The set’s energy practice dovetails neatly with its strong flow insurance and commodities work, and members have extensive expertise in oil and gas trading, exploration and exploitation disputes, and the licensing of oil and gas fields. David Allen KC recently acted for the defendant in Victoria Oil & Gas & Gaz Du Cameroun v Chanas Assurances, which concerned an alleged well-out-of-control incident in the Logbaba Gas Field, in the Douala Basin off the coast of Cameroon, raising questions of contractual construction. Alistair Schaff KC recently represented Ukrainian oil company Ukrnafta in a major enforcement action in Commercial Court involving complex issues of foreign laws and arbitral jurisdiction concerning enforcement of Swedish arbitration award against his client.