Richard Jacobs QC - Essex Court Chambers

RICHARD JACOBS QCBorn 1956Essex CourtChambers24 Lincoln’s Inn FieldsLondon WC2A 3EGUnited KingdomTel: +44 (0) 20 7813 8000Fax: +44 (0) 20 7813 8080Email: rjacobs@essexcourt.netPractice International Commercial Arbitration Commercial Litigation Private International Law including jurisdictionaldisputes Insurance and reinsurance Shipping and Shipbuilding Professional Negligence Oil and gas, commodities, product liability Banking and derivativesRichard Jacobs QC appears regularly as counsel in theEnglish High Court and appellate courts and ininternational arbitrations conducted in London and abroad,and also sits as arbitrator, in a wide range of commercialdisputes. He is co-Head of Essex Court Chambers.In recent years, his court cases have included disputesrelating to insurance and reinsurance, the ISDA MasterAgreement, offshore oil exploration, arbitration and publicinternational law issues arising from a satellite contract,and a major accountants’ negligence action. Between1995 and 2008, he appeared, in the Commercial Courtand the Court of Appeal, in a large number of ‘Lloyd’slitigation’ cases. He has appeared at all levels of theEnglish court system. He has acted as counsel indisciplinary proceedings in the insurance sector, has satas a Recorder in criminal cases for 10 years, and is apanellist member of the Bar Tribunals and AdjudicationService (formerly the Council of the Inns of CourtDisciplinary Pool) and sits as chairman of disciplinarytribunals.His recent arbitration cases as counsel include many‘Bermuda Form’ liability insurance disputes; a substantialbusiness interruption claim arising from a US hurricane;ICC arbitrations relating to a power project in India, apharmaceutical distribution agreement, and sale of goodsdisputes relating to steel manufacturing; shipbuildingcontracts; contingency risk insurance; an Article 81shipping industry competition case; as well as courtapplications relating to arbitration proceedings.He is the co-author of Liability Insurance in InternationalArbitration: the Bermuda Form (2 nd Edition published byRichard Jacobs QC July 2013 Page 1 of 8

Hart Publishing Ltd. in January 2011). The 1 st edition wasdescribed by the Court of Appeal in C v D as the ‘standardwork’ on the Bermuda Form policy. The 2 nd edition wasjoint winner of the British Insurance Law Association bookprize in 2012. Professor Robert Merkin described it as “atour de force on the interaction of English procedural lawand New York substantive law” (2012 Journal of BusinessLaw, 161). A review in Global Arbitration Review in 2011said that “For anyone who has been involved in BermudaForm arbitration in the last six years in any capacity, thisbook needs no introduction. The first edition has been thepractitioner’s bible on the workings on the Bermuda Formpolicy since its publication in 2004. It has assisted ageneration of policyholders’ and insurers’ lawyers toformulate and debate the multifarious arguments to whichthe complex wording of the Bermuda Form excess liabilityinsurance policy gives rise and has provided arbitratorswith invaluable guidance in unpicking the policy’scomplexities.”He has been appointed as arbitrator in LCIA, DIFC-LCIA,ICC, SIAC and ad hoc arbitrations. His recent experienceas arbitrator includes matters relating to insurance andreinsurance (Bermuda Form, business interruption andother disputes), commodities, shipbuilding, joint ventures,share sale agreements, power projects, aircraft leasing,distribution agreements, a Cayman Islands exemptedlimited partnership and container management. He alsoserved as arbitrator on the Appeals Tribunal of theInternational Commission on Holocaust Era InsuranceClaims. He has sat as a Recorder in the Crown Courtsince 2003.In the last three years, he has been ranked by Legal 500and Chambers and partners in Commercial DisputeResolution, Commercial Litigation, Insurance andReinsurance, and Shipping and Commodities. Directorycomments include ‘comes firmly recommended byinstructing solicitors .........(and) enjoys the full support ofthe market’; ‘thorough and engaging, and has a keenintellect’; (Chambers 2013); ‘A pleasure to work with,bringing fresh ideas and vigour to his matters' (Legal 5002012); ‘top class advocate’; ‘a go-to leader’; ‘he has anexcellent feel for how an argument will pan out before thecourt and provides clear and concise answers’;‘Combining intelligence with approachability, RichardJacobs QC is considered a genuine pleasure to deal with’(Chambers 2012); ‘a formidable opponent’; ‘an absolutelyfirst-class lawyer with an outstanding intellect (Chambers2011) ’exceedingly impressive, intelligent and userfriendly’(Chambers 2009); ‘superb intellect and aphenomenal memory’, ‘enormous attention to detail andexcellent understanding of cases’, ‘a superb authority oncommodities and insurance matters’, ‘an expert onshipping arbitration’ (Chambers 2008); ‘gets on with theRichard Jacobs QC July 2013 Page 2 of 8

job in hand without indulging in any chest beating’; ‘I’veseen him take a tricky case and present it smoothly andconvincingly in a style that arbitration panels reallyrespond to’ (Chambers 2007).Career 2013 Co-Head of Essex Court Chambers2003 Recorder1998 Silk1980 Essex Court Chambers1979—81 Supervisor in Law, Pembroke and St.John’s Colleges, University of Cambridge1979 Call: Middle TempleEducation 199019791978MA, Pembroke College, University ofCambridgeInns of Court School of LawBA (First Class Hons), Pembroke College,University of CambridgeAwards 1979 Harmsworth Scholarship1975 Entrance ScholarshipMemberPublicationsBritish Insurance Law AssociationBritish Maritime Law AssociationCommercial Bar Association (COMBAR)London Common Law and Commercial Bar AssociationLondon Maritime Arbitrators Association (SupportingMember)Co-author, ‘Liability Insurance in International Arbitration: theBermuda Form’, 2 nd Edition, Hart Publishing Ltd. (Jan 2011).Chapter One reproduced with the kind permission of HartPublishing Ltd. Further reproduction or distribution prohibited.Author, ‘The Bermuda Form and its Chamber of Secrets’British Insurance Law Association Journal No 121, March2011. Reproduced with the kind permission of BILACo-author, ‘Arbitrating ‘Bermuda Form’ Disputes in London’,Coverage (2004) Volume 14, Number 5.Co-author, ‘Liability Insurance: International Arbitration:Choice of Law issues in ‘Bermuda Form’ Arbitrations’,Arbitration International (2004), Vol 20, page 270.Reproduced with the kind permission of Kluwer LawInternational, The Hague (www.kluwerlaw.com). Furtherreproduction or distribution prohibited.Co-author, ‘American Werewolves in London’, ArbitrationInternational (2002), Volume 18, page 165.Specific AreasRichard Jacobs QC July 2013 Page 3 of 8

International Commercial ArbitrationRichard Jacobs has appeared as counsel, including as co-counsel with US and Indianlawyers, in a wide variety of arbitrations (ad hoc, LCIA, ICC, SIAC, commodity, maritime,insurance and reinsurance, Bermuda Form etc). Recent experience in arbitration hearingsinclude the following:2013:Reinsurance dispute relating to New Zealand earthquakes.Professional liability insurance claim relating to provision of computer system.2012:Business interruption insurance claim for damage to refinery and chemical plants byHurricane Ike.2011:LMAA arbitrations concerning shipbuilding contracts for construction of vessels inChina and Japan.ICC arbitration concerning quality of steel products sent from India to Germany.2010:Bermuda Form disputes concerning pharmaceutical and petroleum products.LCIA arbitration concerning coal shipped on SCoTA terms.2009:ICC arbitration concerning distribution of pharmaceutical products in Far East.2007/8:ICC arbitration concerning power project in India.Ad hoc arbitrations concerning ‘viatical’ contingency risks placed in the Lloyd’smarket.Bermuda Form arbitration concerning petroleum products distributed in the USA.2006:Ad hoc arbitration concerning EC competition law relating to shipping pool.Bermuda Form reinsurance arbitration arising from pipeline explosion2005:Reinsurance arbitration in Bermuda concerning accountants professional indemnityrisks.Bermuda Form arbitration concerning pharmaceuticals.Shipbuilding arbitration concerning defects in a fast ferry.2004Bermuda Form arbitrations concerning vehicle components and underfloor heating.Reinsurance arbitration concerning accountants professional indemnity risk.Ad hoc arbitration concerning shipping pool.He also appears as counsel in court applications relating to arbitration proceedings.Reported cases include: Republic of Serbia v Imagesat [2009] EWHC 2853 (Comm)(jurisdiction issues arising from ICC arbitration); Noble Assurance Co. v Gerling[2007] EWHC 253 (anti-suit injunction to restrain overseas proceedings followingLondon arbitration); CR Sugar Trading v China National Sugar [2003] EWHC 79(arbitration appeal including issues concerning the Financial Services Act); M/sAlghanim Industries v Skandia [2001] 2 All ER (Comm) 30 (powers of arbitrators toRichard Jacobs QC July 2013 Page 4 of 8

tax costs following publication of award); Total Liban SA v Vitol [2001] QB 643(arbitration appeal).He has been appointed as arbitrator (including sole arbitrator or chairman) in ICC,LCIA, DIFC-LCIA, SIAC and ad hoc arbitrations. Recent appointments include:Bermuda Form insurance and reinsurance claims; ICC arbitration relating to anIndian power plant; ICC and LCIA arbitrations relating to aircraft financingagreements; LCIA arbitrations relating to supply of biodiesel; DIFC-LCIA arbitrationsrelating to share sale agreements; LCIA arbitration concerning Cayman Islandsexempted limited partnership; business interruption insurance claim arising fromHurricane Katrina; ICC arbitration concerning US distribution agreement; shipbuildingand ship repair contracts; reinsurance disputes arising from workers compensation/personal accident claims; insurance claims under business interruption, political riskand bank professional indemnity policies; commodities disputes; claim for terminationof contracts of employment of attorneys; dispute relating to TV cricket rights; disputesunder contracts relating to a power project, a UK government contract, and jointventures.He also served as arbitrator on the Appeals Tribunal of the International Commissionon Holocaust Era Insurance Claims, and was a visiting fellow at the London School ofEconomics, lecturing on arbitration law.Commercial LitigationDuring his career, he has appeared regularly in commercial cases, in particular in theCommercial Court. Recent reported cases include: Howden North America Inc. v AceEuropean Group [2012] EWCA Civ 1624 and Faraday Reinsurance Co. Ltd. vHowden North America Inc. [2012] EWCA Civ 980 (jurisdiction disputes relating toliability insurance contracts); Pioneer Freight Futures Co Ltd (In Liquidation) v CoscoBulk Carrier Co Ltd. [2011] EWHC 1692 (Comm); [2012] EWCA Civ 419(FreightFutures and the application of the termination provisions of the ISDA MasterAgreement); Silver Queen Maritime Ltd v Persia Petroleum Services Plc [2010]EWHC 2867 (QB) (whether binding settlement concluded between parties, and inparticular (i) whether deed relating to settlement was revocable, and (ii) whether anyduty of disclosure existed); Seadrill v OAO Gazprom [2010] EWCA Civ 69; [2009]EWHC 1530 (Comm) (casualty to rig performing oil exploration drilling contract,involving issues of interpretation of standard form drilling contract and generalprinciples relating to repudiation); Republic of Serbia v Imagesat [2009] EWHC 2853(Comm) (arbitration jurisdiction application involving issues of justiciability and publicinternational law); Harris v Society of Lloyd’s [2008] EWHC 1433 (Comm) and [2008]EWHC 2177 (Comm) (strike-out of fraud claim for abuse of process, and subsequentapplication for extended civil restraint orders against Lloyd’s names); ChantreyVellacott v The Convergence Group PLC [2007] EWHC 1774 (Ch) (Accountants’negligence case brought by company following failed equity fund-raising fortelecommunications project, resulting in s.51 order against controlling director ofclaimant company). (Harris and Chantrey Vellacott are also both cited in the WhiteBook para 31.12.2 in the context of the principles relating to applications for specificdisclosure).Other cases which have not reached judgment include, in recent years: products liabilityclaims arising from sale of contaminated petrol in the UK; disputes under freight futurescontracts on the ISDA Master Agreement form; reinsurance dispute arising fromPaddington rail crash involving ‘follow the settlement’ issues (settled after trial but beforejudgment); dispute between shareholders of joint venture power project in Pakistan.Richard Jacobs QC July 2013 Page 5 of 8

Between 1995 and 2008, he appeared, in the Commercial Court and the Court of Appeal,in a large number of ‘Lloyd’s litigation’ cases, including Marchant and Eliot v Higgins(pay now sue later in agents’ agreement);Society of Lloyd’s v Clementson (Article 85of the EC Treaty); various cases concerning the Equitas premium, including Societyof Lloyd’s v Leighs and Society of Lloyd’s v Fraser; Society of Lloyd’s v Jaffray(lengthy trial and appeal concerning allegations of fraud against Lloyd’s); Harris vSociety of Lloyd’s (above).Insurance and ReinsuranceCo-author of Liability Insurance in International Arbitration: The Bermuda Form; manydisputes in arbitration; Lloyd’s litigation; (see generally above). Expert witness inSingapore High Court (reinsurance dispute) and New York arbitration (contingencyinsurance).Reported cases include Howden North America Inc. v Ace European Group [2012]EWCA Civ 1624 and Faraday Reinsurance Co. Ltd. v Howden North America Inc.[2012] EWCA Civ 980 (jurisdiction disputes relating to liability insurance contracts);(application to set aside service of English proceedings); Noble Assurance Co. vGerling [2007] EWHC 253 (arbitration application relating to Bermuda Formreinsurance dispute); Svenska Handelsbanken v Sun Alliance [1995] 2 Lloyd’s Rep84 and [1996] 1 Lloyd’s Rep 519 (common interest privilege between insurers andreinsurers, and trial of claim under mortgage indemnity policy). PCW Syndicates vPCW Reinsurers [1996] 1 WLR 1136 (agents and avoidance of policies); Lark vOuthwaite [1991] 2 Lloyd’s Rep 132 (run-off policies). Generally, his experienceincludes claims on Bermuda Form policies, run-off policies, E&O insurance,contingency risks, film finance insurance and reinsurance and Lloyd’s disciplinaryproceedings.Private international law including jurisdiction disputesAll types of jurisdictional, private international law and applicable law disputes.Reported cases include: Howden North America Inc. v Ace European Group [2012]EWCA Civ 1624 and Faraday Reinsurance Co. Ltd. v Howden North America Inc.[2012] EWCA Civ 980 (jurisdiction disputes relating to liability insurance contracts);Republic of Serbia v Imagesat [2009] EWHC 2853 (Comm) (justiciability and publicinternational law issues arising from satellite contract); Noble Assurance Co. vGerling [2007] EWHC 253 (anti-suit injunction to restrain US proceedings followingLondon arbitration); Society of Lloyd’s v Crotty [2002] EWHC 2178 (jurisdictionrelating to cash calls on Lloyd’s names); White Sea & Omega Shipping vInternational Transport Workers Federation (The Amur 2528) [2001] 1 Lloyd’s Rep421 (injunction against English trade union in relation to conduct abroad; lawapplicable to the tort); Denby v Hellenic Mediterranean Lines [1994] 1 Lloyd’s Rep320 and Charman v WOC Offshore [1993] 1 Lloyd’s Rep 378 (jurisdiction in relationto marine insurance claims); The International Tin Council litigation [1990] 2 AC 418(justiciability and state immunity).Shipping and ShipbuildingCharterparty claims and bill of lading disputes, ship sale and shipbuilding, includingmany claims in arbitration. Reported cases include: Caja de Ahorros delMediterraneo & ors v Gold Coast Ltd [2001] EWCA Civ 1586 (shipbuilding, claim onrefund guarantee); The Eurus [1998] 1 Lloyd’s Rep 351 (indemnities, causation andRichard Jacobs QC July 2013 Page 6 of 8

emoteness); The Gudermes [1991] 1 Lloyd’s Rep 456 (failure to heat cargo);Lauritzen v Wijsmuller, The Super Servant 2 [1990] 1 Lloyd’s Rep 1; The AnangelGlory [1988] 1 Lloyd’s Rep 45 (lien on subfreights).Professional NegligenceHe has acted on a number of heavy professional negligence actions. In recent years,these include Chantrey Vellacott v Convergence Group [2007] EWHC 1774 (Ch).(Accountants sued for negligence in relation to a failed equity fund-raising fortelecommunications project. The failure of the claim resulted in an order for costsagainst the controlling director of the company which had sued). He has also actedon accountants claims relating to audits (including the Barings litigation), pre and postacquisition reports, and share valuations. In 2003, he successfully defended asolicitors firm, and insurance brokers, in two different Commercial Court actionswhere the claims were abandoned after cross-examination of the claimant’s principalwitness. Other professional negligence experience includes claims involving shipfund managers (Red Sea Tankers v Papachristidis [1997] 2 Lloyd’s Rep 547),investment managers on a venture capital investment, a city firm of solicitors on apublic company takeover, Lloyd’s agents, banks and insurance brokers. He iscurrently acting for a major insurance broker in connection with a businessinterruption policy.Oil and gas, commodities and product liabilityOil and gas, commodities (including GAFTA, LME, RSA, SAL, SCoTA) and productliability. Reported cases include: CR Sugar Trading Ltd. v China National Sugar andAlcohol Group [2003] EWHC 79 (application of Financial Services Act to commoditytransactions; Total Liban v Vitol [2001] QB 643 (claim for defective petrol); Total vARCO [1998] 2 Lloyd’s Rep 209 (HL) (gas take or pay contract); Britoil v HuntOverseas Oil [1994] CLC 561 (rectification of North Sea joint venture agreement). Headvised in connection with products liability claims arising from sale of contaminatedpetrol in the UK in 2007, and in relation to the Buncefield litigation, and has arbitrateda large number of insurance claims arising from product liability.Banking and derivativesLetters of credit, swaps, derivatives, loan agreements, performance bonds etc;including; Pioneer Freight Futures Co Ltd (In Liquidation) v Cosco Bulk Carrier Co Ltd.[2011] EWHC 1692 (Comm) [2012] EWCA Civ 419 (Freight Futures and the application ofthe termination provisions of the ISDA Master Agreement); Zelouf v Republic Bank ofNew York [1999] CLC 1227 (margin requirements for currency and other trading);Shearson Lehman v Unexim (currency swap contract on ISDA form; settled prior tojudgment); Caja de Ahorros del Mediterraneo & ors v Gold Coast Ltd [2001] EWCACiv 1586 (shipbuilding, claim on refund guarantee).If you require further information please contact clerksroom@essexcourt.netRichard Jacobs QC July 2013 Page 7 of 8

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