Overview
Ben is Co-Head of International Arbitration at Linklaters.
Ben specialises in international commercial arbitration, with a particular focus on the energy, mining and sport sectors. He has extensive experience in a wide range of commercial disputes, including joint ventures, mergers and acquisitions, long-term supply agreements and construction projects. He has handled disputes all over the world, with a number of recent disputes involving Russia, India and China.
Ben acts as counsel and arbitrator and has conducted ad hoc and institutional arbitrations under all the commonly used international rules, including LCIA, ICC, SCC, SIAC, HKIAC and UNCITRAL. He handles High Court litigation where it is connected to arbitral proceedings, and has experience of arbitral award challenge proceedings and enforcement proceedings in a number of jurisdictions.
Ben works in close collaboration with lawyers from the firm’s other market-leading practice areas, in particular Corporate and Energy & Infrastructure, in cross-office, multidisciplinary teams. In particular, Ben is often involved in helping clients mitigate disputes risk in the middle of ongoing deals.
Ben has twice been on secondment to BP’s Dispute Resolution team where he was responsible for handling a number of international arbitrations and gained considerable experience of a wide range of industry issues. Ben served as Head of Linklaters’ Russia Dispute Resolution team for several years.
Work Highlights
Ben has acted for clients in many major arbitrations. Recent examples include advising:
- the Premier League on its proceedings against Everton FC, Nottingham Forest FC and Leicester City FC for breaches of the Profitability and Sustainability Rules, as well as on a variety of other issues
- bp on two multi-billion dollar UNCITRAL/ad hoc arbitrations with the Government of India concerning cost recovery and migrated gas under a PSC
- an energy-sector client in a SIAC arbitration concerning claims arising out of the application of Russian sanctions and jurisdiction in respect of the same
- an energy-sector client in an LCIA arbitration concerning post-M&A claims in the context of the sale of LNG contracts, including alleged breaches of endeavours obligations
- an energy-sector client in resisting challenge proceedings in the English courts concerning an LCIA arbitral award setting an important precedent for the client’s ongoing business
- a mining-sector client in an LCIA arbitration concerning claims under a tax indemnity in an SPA involving complex questions of local tax law in the jurisdiction where the asset was located
- a mining-sector client on a commodity trading dispute with a Chinese counterparty in an UNCITRAL/HKIAC-administered arbitration
- a commodity trading client in an ICC arbitration concerning allegations of fraud in the context of a price review clause
- an international bank in an ICC arbitration concerning a multi-billion post M&A claim for alleged breaches of warranties and indemnities
- a healthcare sector client in an ICC arbitration concerning a post M&A dispute concerning alleged breach of an endeavours obligation
Country Of Admission