An internationally acknowledged expert in his field, Anthony specialises in general commercial litigation and advisory work: including property law, building/construction contracts, contractual disputes, torts, professional negligence and general common law work. He is instructed in international commercial matters by both UK and overseas lawyers.
Specific experience includes:
- International commercial litigation and arbitration: including international sale and carriage of goods; joint ventures; distribution and agency; franchising; letters of credit; conflict of laws; jurisdiction disputes
- Acts as Counsel and sits as arbitrator in ICC, LCLA, UNCITRAL and ad hoc arbitrations. Examples include disputes concerning mines, oil, metals, and construction developments involving claims of hundreds of millions of US$
- Acts as Counsel and sits as mediator in domestic and international commercial matters
Reported Cases
- Party-appointed arbitrator in international ad hoc arbitration: international metals contract - letters of credit and conflict of laws. Application to the Commercial Court in London in relation to the interim award is reported as Naporano Iron & Metal Co. v. Sivas Steelworks Inc. [1997] 2 Lloyds Reports 359;
- Appointed as panellist in various World Intellectual Property Organisation’s Domain Name Disputes (WIPO, Geneva) including:
- Mamas & Papas (Holdings) Limited v. QTK Internet [WIPO Case No. D2004-0496]
- PepsiCo, Inc v. Henry Chan [WIPO Case No. D2004-0033]
- David di Danatello v. Domail Leasing [WIPO Case No. D2004-0244]
- Kodak Limited v. Infovision Solutions Limited and Kodarain Limited [WIPO Case No. D2005-0118]
Notable Cases
- Acting as Counsel on instructions of Chinese lawyers in Nanjing on behalf of a Chinese corporation sued in the Commercial Court in London by a Cypriot company. Case involved international sale of goods, letters of credit and conflict of laws;
- Acting as Counsel on behalf of a Middle Eastern Bank on instructions from a Paris law firm: obtained a multi-million U.S. dollar Mareva Injunction in the High Court in London;
- Counsel in ICC Arbitration involving dispute concerning sale and shipment of US coal;
- Counsel in dispute between UK and Spanish companies relating to a North Sea oil rig “Floating Storage Unit”;
- Counsel for Russian company in international sale of goods case involving point of law on CIF Contracts;
- Instructed by Chinese lawyers in dispute between Chinese and Hong Kong companies: contract provided for CIETAC Arbitration;
- Counsel in international haute couture dispute: Commercial Court, London;
- Counsel in international dispute involving sports car distribution agreement: Commercial Court, London;
- Appointed sole arbitrator by ICC, Paris in metals case;
- Counsel in ICC arbitration: instructed by Chinese law firm in Beijing on behalf of a group of Chinese companies. Dispute involved joint venture agreements; franchising; trade marks; know-how licensing; jurisdiction of the arbitral tribunal and governing law. One hearing took place in Beijing (one of the few ICC arbitration hearings at the time to have taken place in mainland China). The arbitration switched to mediation part way through the hearing;
- Sole arbitrator in international ad hoc arbitration. Dispute concerning international commercial contract in the media field. Foreign law the governing law of share option contract;
- Instructed in relation to the enforcement in China of a New York Convention award made in England in a metals case;
- Instructed by Chinese law firm in Shanghai on behalf of Chinese companies in international commercial dispute involving hotels in China: arbitration under the Rules of the London Court of International Arbitration;
- Instructed on behalf of Luxembourg Film Company on Letter of Credit dispute with German bank. Commercial Court, London;
- Appointed Sole Arbitrator in ad hoc arbitration. Dispute between two major UK companies.
- Counsel in 5-party mediation: construction contract dispute;
- Instructed by Paris law firm on behalf of the Minister of Finance of a Middle Eastern country in relation to a proposed libel action in the English courts;
- Instructed by Italian law firm in media dispute between Italian and Eastern European parties;
- Instructed by Paris law firm on behalf of French Bank in international fraud case;
- Instructed to advise in LCIA arbitration under the UNCITRAL Rules;
- Instructed by Shanghai Law Firm to advise in dispute involving a Development Project in Shanghai valued at US$ 1 billion;
- Party-appointed arbitrator in US$ 200 million Oil dispute: LCIA arbitration under the UNCITRAL Rules;
- Instructed by Chinese and UK law firms in challenge in English Courts to multi-million US$ ICC arbitration award in FIDIC case (Commercial Court and Court of Appeal);
- Instructed by Saudi Arabian law firm in relation to insurance / re-insurance dispute;
- Instructed by British West Indies law firm in relation to enforcement of international commercial arbitration award: Turks and Caicos Islands Supreme Court;
- Counsel on appeal to English Court of Appeal on behalf of overseas parties: multi- million US$ commercial claim;
- Instructed by UK law firm on application to the European Court of Human Rights: commercial case;
- Instructed by in-house lawyers at Nigerian bank on action in the English Courts;
- Appointed sole arbitrator by Appointing Authority in ad hoc arbitration subject to the English Arbitration Act: aviation-related dispute.
- Party-appointed arbitrator in US$ 200 million oil contracts dispute: LCIA arbitration under the UNCITRAL Rules;
- Appointed to international arbitral tribunal in dispute between major international corporations: claim in hundreds of millions of US$. Place of arbitration United States;
- Co-Counsel in international metals arbitration under the Rules of the London Metals Exchange (LME);
- Mediator in international dispute involving oil drilling jack up rig. Place of mediation Singapore;
- Counsel in international metals mediation, London. IPOS Rules;
- Appointed in various cases by the ICC’s International Centre for Expertise, Paris;o
Publications:
- Commissioned by the Commonwealth Secretariat in London to write a Manual of International Dispute Resolution:
- Areas covered include investment treaty arbitration; maritime and border disputes; international trade disputes; electronic commerce disputes - sections on WIPO and the ICC’s DOCDEX system. Chapters on the International Court of Justice; the Permanent Court of Arbitration; the International Centre for the Settlement of Investment Disputes (ICSID), Washington DC; the International Tribunal on the Law of the Sea (TLOS), Hamburg; and various international dispute resolution organisations: ICC, AAA, LCIA, CIETAC, CPR Institute for Dispute Resolution, etc
- “Gas and the Problem of Disputes” published in the Dubai International Arbitration Centre Journal (DIAC Journal Volume 2 – Special Edition II), 2008
- “Alternative Dispute Resolution in Small States” will be published in the Commonwealth Law Bulletin in early 2008.
- “Dealing with Disputes”: article in “The Fundamentals of the Global Oil and Gas Industry 2007: World Petroleum Council Yearbook”. Published by Petroleum Economist
- “Online Jurisdiction: ICANN, WIPO, and the Need for International Action”: Asian Dispute Review, July and October, 2006. Published by the Hong Kong International Arbitration Centre
- “Mediation Scheme” (an article on the Mayor’s and City of London Court’s Mediation Scheme): City Solicitor, the Newsletter of the City of London Solicitors’ Company. Autumn 2006, Issue 54
- “Mediation Scheme at the Mayor’s and City of London Court”: Arbitration, the Journal of the Chartered Institute of Arbitrators, edition August 2006
- “China, Taiwan and Hong Kong: Should They be Part of a World-Wide Dispute
- Resolution System? ”: published in Transnational Dispute Management, Vol 3, Issue 4, July 2006 [based on a Paper delivered at the Cambridge University Asian Law & Business Association in February 2004]
- “Gas and the Problem of Disputes ”: First Magazine publication for the World Petroleum Congress, November 2004 [“The principal purpose of the World Petroleum Congress (WPC) is to promote the management of the world’s petroleum resources for the benefit of mankind ” - Dr Eivald Roren, President of the World Petroleum Congress]
- “Natural Gas - China’s Fuel of the 21st Century? ” ISC Publication for the World Petroleum Congress - Ist Youth Forum in Beijing, October 2004
- “Natural Gas in China ” Sweet & Maxwell’s International Energy Law and Taxation Review, May 2003
- “Strengthening Relations with the Arab World through Dispute Resolution”: Published by the Permanent Court of Arbitration / Peace Palace Papers.
- Papers emanating from the Fourth PCA International Law Seminar at The Hague. Kluwer ISBN 90-411-1972-8
- “Electronic Commerce and Dispute Resolution: A United Kingdom View” published by the Centre de Conciliation et d’Arbitrage de Tunis in Tunisian Arbitration Review: 2002 No. 2. Website: www.ccat.org.tn
- “The Fraud Exception in English Law ”: Chapter 21 of the ICC Commercial Crime Services book “Trade Finance Fraud: Understanding the Threats and Reducing the Risk”. ICC Publication No. 643 ISBN: 92 842 1312 6
- Article “Dispute Resolution in the Oil and Gas Industries” published in the International Bar Association’s Journal of Energy and Natural Resources Law Volume 20, No. 2, May 2002
- Article “Trading in North Africa: International Dispute Resolution” MEED (Middle East Economic Digest): The Middle East Business Weekly, 6 April 2001, Vol 45, No.14
- Paper “Dispute Resolution in the Oil and Gas Industries” published by the Institute of Petroleum: Papers from the December 2000 Conference on the Role of Alternative Dispute Resolution in Oil and Gas Disputes ISBN 0 85293 321;
- “Resolving Trade Disputes with China” Amicus Curiae, September, 2000
- Paper submitted to the Third Chinese Commercial Law Conference at Clare College, Cambridge: “The Internet Era: the Development of Electronic Commerce in China - and a Need for Global Dispute Resolution Processes”. September, 2000 [later published by Amicus Curiae in Issue 33, January / February 2001]
- “CMAC: The China Maritime Arbitration Commission”:
- (i) Sweet & Maxwel’s International Arbitration Law Review, January 2000
- (ii) Journal of the China Maritime Arbitration Law Association, 2000, Volume 68 (Mandarin translation)
- “ICC Arbitration in China”: Amicus Curiae (Journal of the Society for Advanced Legal Studies), January 2000
- “Electronic Commerce: A United Kingdom View”: Sweet & Maxwell’s International Company and Commercial Law Review, December 1999 [The Special Issue contains articles on electronic commerce in a dozen countries]
- “A Foreign Arbitration Held in China”: Arbitration (1999) volume 65, No. 3 (Journal of the Chartered Institute of Arbitrators)
- “ICC Arbitration in China”: Sweet and Maxwell’s International Company and Commercial Law Review, May 1999
- “Trade With China”: Butterworths Litigation: The Journal of Contentious Business, March 1999
- Article “Documentary Credits: a Dispute Resolution System from the ICC”, Sweet & Maxwell, Journal of International Banking Law, 1999, Issue 3.
- Paper on the ICC’s DOCDEX Rules (Rules of Documentary Credit Dispute Resolution Expertise, administered by the ICC’s International Centre for Expertise, Paris): submitted to the Annual Conference of the Chartered Institute of Arbitrators, Birmingham, UK, June 1998. Subsequently published in Butterworths Journal of International Banking and Financial Law, November and December, 1998
- Paper on International Arbitration and ADR presented at “British Law Week in China”, Beijing, October 1998;
- Paper on the Arbitration Rules of the China International Economic and Trade Arbitration Commission, Beijing (CIETAC).
- Extracts from this Paper are published in CIETAC’s Yearbook of China International Commercial Arbitration, 1995-1997;
- “Partnering ”: Construction and Engineering Law, February 1997;
- “Trade with China: How and Where Disputes can be Resolved ”: Arbitration (1998) volume 64, No. 2 at page 129-136 (The Journal of the Chartered Institute of Arbitrators).
- “Alternative Dispute Resolution: The Lawyer as Adviser and Advocate”: New Law Journal, 1997 volume 147, 21st November 1997 at page 1686-1688 and 5th December 1997 at page 1789-1790;
- “The Role of ADR in the Resolution of International Disputes” (1996) 12 Arbitration International (The Journal of the London Court of International Arbitration);
Seminars
Anthony has lectured in the UK, Europe, the Middle East and the Far East on international dispute resolution in the areas of international trade law, oil and gas, documentary credits, electronic commerce.
He’s been a visiting speaker at the University of Dundee's Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) and co-director of the CEPMLP's annual dispute resolution seminar.
