Benedict Tompkins
Benedict has been described in the Legal 500 as an “up-and-coming arbitrator”, and is actively building his tribunal practice alongside his work as counsel in substantial commercial and Investor–State arbitrations.
Benedict has sat as a sole arbitrator and as a party-appointed arbitrator in disputes worth up to c. $6 million, seated in London (LCIA and ICC Rules) and Paris (UNCITRAL Rules / PCA).
As counsel, he has appeared in or advised on proceedings under most of the major arbitral rules (including ICSID, ICC, LICA, SIAC and UNCITRAL).
He prides himself on working efficiently and is able to provide substantial availability for tribunal appointments, including in particular delivery of awards within agreed (and, if necessary, urgent) timeframes.
Arbitral Appointments
- Sole arbitrator in an international trade dispute (LCIA, London seat, 2025-)
- Party-appointed arbitrator in a shipping dispute involving a major international organisation (UNCITRAL / PCA, Paris seat, 2022–2023)
- Sole arbitrator in a contractual / insurance dispute (ICC, London seat, 2019–2020); Final Award rendered within six months of Terms of Reference
International Commercial Arbitration
- Claimants v Respondent (SIAC, Singapore seat, 2024-present): counsel for the claimant parties in a dispute arising out of the termination of a contract in the LNG sector on sanctions-related grounds
- Cypriot company v Irish company (Commercial Court, 2024-2025): instructed on behalf of a cruise ship operator and associated parties in a complex dispute with the Irish subsidiary of a Russian finance company, involving related applications under sections 9, 44 and 72 of the Arbitration Act 1996 following the imposition of sanctions affecting finance leasing arrangements
- Claimant v Respondent (ICC, Benelux seat, 2023–2024): instructed for the claimant in a c. €60 million private equity dispute, including appearing as sole counsel in a successful application for interim measures under the ICC Emergency Arbitrator provisions
- West African State v Defendant (Commercial Court, 2024): sole counsel for State award creditor in relation to enforcement of a c. $114 million award in an ICC arbitration arising from the termination of offshore oil exploration licenses
- Claimant v Defendant (Commercial Court, 2023): sole counsel for an award creditor seeking enforcement of a c. $5 million award in an LMAA arbitration
- Claimant v Defendant (Commercial Court, 2023): sole counsel for sellers resisting an appeal under section 69 of the Arbitration Act 1996 from an award in Refined Sugar Association proceedings
- Claimant v Respondent (UNCITRAL, London seat, 2021): counsel for the claimant mining company in a substantial claim against a state-owned electricity company relating to the supply of electricity to a copper and gold mine in southern Africa
- Wemade Co., Ltd v Lansha Information Technology (Shanghai) Co., Ltd (Singapore seats, 2018–2021): appearing for and advising a leading PRC gaming company and its affiliates in related ICC and SIAC arbitrations concerning the licensing of gaming software in China
- ASA v TL [2020] EWHC 2270 (Comm): counsel for the claimant in an application under section 68 of the Arbitration Act 1996
- Claimant v Defendant (Commercial Court, 2018): appeared as junior and sole counsel for the applicant in a successful application for a worldwide freezing injunction under section 44 of the Arbitration Act 1996, in support of an LMAA arbitration
- Claimant v Respondent (HKIAC, 2018): acted for the respondent in an arbitration in the pharmaceuticals / life sciences sector
- Claimant v Respondent (LCIA, 2017): acted for the claimant in an arbitration arising out of the marketing of luxury motor yachts
Investment Treaty Disputes
- Border Timbers Ltd v Republic of Zimbabwe [2025] 1 Lloyd’s Rep 66 (Court of Appeal) and [2024] 1 WLR 3417 (Commercial Court): counsel for Zimbabwe defending enforcement of a c. $165 million ICSID award on State immunity grounds, with Benedict conducting oral advocacy in both the Commercial Court and Court of Appeal (permission to appeal to the Supreme Court has been granted)
- Middle Eastern Investor v Middle Eastern State (London seat, 2023-present): counsel for the respondent State in an arbitration under the OIC agreement, in a claim for c. $1 billion arising from geo-political events in the late 2010s and early 2020s
- Patel Engineering Ltd v Republic of Mauritius PCA Case No. 2017-34 (2019–2024): counsel for an Indian investor in respect of successful claims under a BIT arising from the termination of a government lease (including expropriation, breach of fair and equitable treatment, and discrimination); Benedict had a substantial role at the merits hearing making oral submissions and leading and cross-examining expert witnesses
- Al Rajhi v Sultanate of Oman PCA Case No. 2017-32 (2017–2023): counsel for a Middle Eastern investor in an arbitration under the OIC Agreement
- Cairn Energy PLC v India (Commercial Court, 2021): counsel for the Republic of India in proceedings seeking enforcement of a $1.7 billion investor–state arbitral award
- Vedanta Resources Ltd v India PCA Case No. 2016-05 (2019–2021): counsel for the Republic of India in a multi-billion dollar claim alleging breaches of an investment treaty by way of a taxation measure
- World Wide Minerals Ltd v Republic of Kazakhstan (UNCITRAL, London seat, 2017–2018): instructed on behalf of the respondent state in a $1.5 billion BIT claim brought by an investor in the uranium mining sector
Career
2017: Tenancy at Essex Court Chambers, following successful completion of pupillage
2016: Call (Lincoln’s Inn)
2013–2015: Associate, Gilbert Walker, Auckland, New Zealand
2012–2013: Crown Prosecutor, Wellington, New Zealand
2012: Admitted as a Barrister and Solicitor of the High Court of New Zealand
2010–2011: Law clerk to Sir David A.R. Williams KC
Education
2015–2016: LL.M., Gonville & Caius College, University of Cambridge (starred first)
2007–2012: B.A., LL.B. (Hons), University of Auckland
Awards
2016: First in year in the LL.M. (University of Cambridge); W.M. Tapp Studentship and College Scholarship (Gonville & Caius College)
2011: First in year in the LL.B. (University of Auckland)
Publications
‘The LMA sovereign immunity clause and enforcement proceedings’ (2025) 3 Journal of International Banking & Financial Law 90
‘The duty to participate in international commercial arbitration‘ (2015) 18(1) International Arbitration Law Review 17
Memberships
- London Court of International Arbitration
- LCIA Young International Arbitration Group
- ICC Young Arbitrators Forum
- ASA Panel of Arbitrators
Nationalities
- New Zealander, British