Arbitrators

David is ‘recognised for his extensive international arbitration practice and strong advocacy capabilities. His experience in insurance-related disputes sees him regularly instructed on Bermuda Form matters, and he operates at the top end of the arbitration market.’ (Chambers UK 2014).

David has advised and acted (both alone and as co-counsel) in a wide range of arbitrations before domestic and international tribunals, both under institutional rules, including ICC, LMAA, LCIA, UNCITRAL, AAA and ad hoc arbitrations. David has particular expertise in insurance and reinsurance arbitration, particularly Bermudan and London arbitrations concerning the Bermuda Form.
Recent and ongoing arbitrations include:

• Bermuda Form arbitrations for various insurers arising out of historic pollution claims;
• Several Bermuda Form arbitrations in respect of claims for indemnities arising from the Deepwater Horizon disaster;
• Multiple arbitrations in respect of claims by pharmaceutical companies in resepct of mass tort claims in the US;
• A Bermuda Form arbitration arising from the catastrophic collapse of a dam, resulting in environmental damage in excess of US$1bn; and
• An arbitration relating to coverage for MTBE pollution in the US.

He also regularly appears in the English Commercial Court in many arbitration applications, ranging from anti-suit injunctions to issues concerning the bias of an arbitrator (see, e.g., AT&T v Saudi Cable Company) to enforcement of awards.

David is available to act as arbitrator, whether alone or as part of a larger tribunal. David is a member of the ARIAS(UK) Panel of Arbitrators. In addition to London, Bermuda and US based arbitrations, David’s membership of Maxwell Chambers in Singapore means that he is readily available to meet, advise and/or appear there and elsewhere in the region.

In the field of banking and financial services, David is said to be ‘very sensible and measured, and brings his mighty intellect to bear on any problems.’ (Chambers UK 2013)

David has acted and advised in a wide range of international and domestic banking disputes on behalf of both corporate individuals, financial institutions and major clearing banks: guarantee disputes, letters of credit, documentary credits, bills of exchange, performance bonds, limited partnerships, injunctions and freezing orders. In Bank of China v NBM LLC, he acted on behalf of the Bank concerning the extra-territorial effect of a world-wide freezing order in support of foreign proceedings. More recently, David represents Citi Bank in a dishonest assistance claim litigated in the Financial List of the High Court and acts for RBS in an £87m VAT fraud dispute concerning the trade in carbon credits.

In addition to traditional banking disputes arising from international trade, David’s knowledge of the banking sector enables him to provide commercially relevant tax advice to banks relating to VAT and IPT issues and other regulatory matters.

David is ‘quick, concise and commercial in his advice’ and is ‘unflappable’ (Chambers UK 2014). He has extensive experience of commercial litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and international arbitrations, such as carriage of goods, sale of goods, fraud claims, asset tracing, insurance and reinsurance, contractual and non-contractual termination, jurisdictional disputes, worldwide and other freezing orders, anti-suit injunctions, arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.

David has considerable experience of freezing injunctions and other interim relief in support of domestic and foreign proceedings – including enforcement of both domestic and foreign judgments.

David recently acted for Kuwaiti Airways in its long running battle to enforce judgments of US$1.2bn against Iraqi Airways. In those proceedings, David obtained freezing orders, including an order preventing a deponent from leaving the jurisdiction and seizure of his passport pending disclosure of assets information ([2010] EWCA Civ 740). In those same proceedings, David sought to enforce judgments in the name of Iraq Airways against assets of the Iraqi State and other State-owned entities.

David has also recently successfully defended a £40m tracing claim advanced by HMRC against a Singaporean client who was alleged to be a co-conspirator in a complex tax fraud: instructed late in the day, David obtained summary judgment in his client’s favour, thereby dismissing HMRC’s claim, just weeks before a four week Chancery Division trial: see [2012] EWHC 2892 (Ch).

David is currently heavily involved defending a variety of fraud and dishonest assistance claims arising from the sale of carbon credits, both in the Financial List (against Citi Bank) and in the tax tribunal (RBS and Citi Bank).

As pupil to David Mildon KC, David’s early career at the bar concentrated upon energy and utilities (particularly regulatory aspects thereof) and oil and gas litigation. Since then, David has acted in a number of disputes (both in the High Court and in international arbitration) concerning oil supply contracts and recently acted in the Commercial Court for one of Romania’s largest oil traders against Vitol. David also acted for BP in a recent commercial court dispute concerning technical issues pertaining to a North Sea drilling rig. David has also been involved in a number of arbitrations concerning the development and exploitation of oil and gas fields, particularly breaches of Joint Operating Agreements and pipeline issues. David also has considerable experience of litigation surrounding offshore exploitation, particularly disputes regarding oil-rigs, off-shore platforms, semi-submersibles and the finance thereof and acted in the Petromec v Petrobras litigation, both at first instance and in the Court of Appeal. David also recently acted for BP in respect of a dispute regarding a North Sea **

In addition, David’s knowledge of the oil and gas sector (including technical knowledge of oil refineries) and has been particularly important in insurance disputes arising from the oil and gas sector. For example, David advised in respect of the Buncefield disaster and has recently arbitrated a complex business interruption claim by the largest oil refinery in the Gulf of Mexico as a result of Hurricane Ike. David is also currently litigating insurance claims arising out of the Deepwater Horizon disaster.

David has acted and advised in all types of insurance and reinsurance disputes, both in the Commercial Court and in domestic and international arbitration. In particular, he has litigated disputes relating to avoidance for fraud, misrepresentation, non-disclosure, moral hazard and coverage disputes.

He has particular expertise in respect of the Bermuda excess liability form and has appeared in many arbitrations concerning coverage disputes in addition to advisory work on the Bermuda form. David is co-author of The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance (Oxford University Press, 2012) which was the joint winner of the 2012 BILA Book Prize.

David advised many of the parties in the Buncefield disaster and is currently involved in a number of coverage disputes against insurers arising from the Deepwater Horizon incident in 2010. Also see ‘Arbitration’ above. In addition, David has acted on a number of occasions as an ‘expert’ on the Bermuda Form in respect of foreign proceedings and arbitrations.

Both advisory work and litigation in disputes concerning the entertainment industry, including film distribution, record contract disputes, film finance and production broadcasting rights in addition to agency and management agreements, many of which often include an international element.

David has particular experience in art litigation and related jurisdictional disputes, including the standard terms and conditions of all the major auction houses and London art dealers. Recent work involves a contractual claim disputing the authenticity of a Picasso portrait, advising on potential ‘Holocaust survivors’ claims in respect of the sale of a significant Modigliani landscape, and a dispute concerning the obligations of art advisors in respect of potential ‘Holocaust’ claims.

David also recently acted on behalf of the Rolling Stones in respect of the cancellation of the Australasia tour following the death of Mick Jagger’s partner, L’Wren Scott.

David has advised and acted in public law cases. For example: David acted on behalf of Amnesty International intervening in the House of Lords in General Pinochet Extradition (see R v Bow Street Magistrates ex parte Pinochet Ugarte (No.2) [2000] 1 AC 119 (House of Lords): challenge to House of Lords decision on the ground of bias alleged against Lord Hoffman; and see R v Bow Street Magistrates ex parte Pinochet Ugarte (No.3) [2000] 1 AC 147 (House of Lords): whether former head of state enjoyed immunity.) He also advised the National Lottery Commission regarding the grant of a new licence to Camelot or The People’s Lottery. David also frequently acts and advises in respect of judicial review claims against HMRC.

All aspects of advisory work for indirect taxation, instructed by solicitors, accountants and other professionals under the direct access rules.

In addition to advice on VAT liability and planning, David regularly litigates for taxpayers and has appeared in courts at every level from the tribunal to the House of Lords and Supreme Court, and also the CJEU.

David has been involved in all the major pieces of VAT litigation in recent years. For example, David acted in Upper Tribunal (Briggs J) in ATEC, the first case to discuss the transitional arrangements between the old and new tribunal systems. He acted on behalf of Baxi in the long-running LMUK dispute with HMRC concerning third-party consideration, appearing for Baxi in every court up to and including the CJEU. More recently, David also acted on behalf of Airtours in the Supreme Court in its appeal seeking recovery of VAT incurred on restructuring cost. David has also acted on behalf of taxpayers in the ongoing compound interest litigation, both in the High Court GLO and the CIP Tribunal proceedings. David is currently acting in the ongoing litigation regarding the right to make Fleming claims in the context of VAT grouping. In addition, David also regularly acts on behalf of taxpayers in judicial review claims against HMRC.

David has extensive experience of MTIC litigation and acted for the taxpayer in the first successful MTIC appeal: Livewire. He has advised and acted in MTIC appeals concerning a raft of products, from mobile ‘phones, CPUs, platinum bars household goods and FMCGs and, more recently, carbon credit trading where he acts on behalf of a number of well-known banks.

His experience in insurance and reinsurance provides considerable knowledge in respect of his advisory work for insurers in respect of IPT.

In November 2012, David was selected by the Tax Journal for inclusion in its “40 under 40” guide to 40 leading tax professionals based in the UK who have demonstrated outstanding achievement in their careers to date.

David Scorey KC is consistently highly recommended in the Legal 500 and Chambers & Partners in a number of categories. The most recent comments include the following:

• ‘Accomplished silk with particularly deep expertise in insurance-related arbitrations. … He is commercially very savvy and he is very, very good with clients.’ (Chambers UK 2016)
• ‘He has top-notch skills, and a unique perspective on many areas of the law that enables him to help clients meet high-stakes challenges, solve complex problems and reach their goals. … He provides advice that is carefully crafted and skillfully delivered.’ (Chambers UK 2016)
• ‘Accomplished silk with particularly deep expertise in insurance-related arbitrations. His expertise sees him regularly entrusted with complex Bermuda Form arbitrations. …He is commercially very savvy and he is very, very good with clients.’ (Chambers Global 2016)
• ‘His knowledge of high level casualty and Bermuda Form work is so deep, and his written work is first-class.’ (Chambers UK 2015)
• ‘An incredibly good, deep thinker. He is adept at thinking across issues.’ (Chambers UK 2015)
• ‘He is outstanding as he examines the evidence in great detail. His litigation skills are very good, and he has a very good understanding of VAT and European Law.’ (Chambers UK 2015)
• ‘The “ferociously intelligent’ David Scorey is in constant demand”.’ (Legal 500 2014)
• ‘Thoughtful and creative, and very good with clients… Very good and very experienced in EU law and VAT matters.’ (Legal 500 2014)
• ‘Very user friendly and responsive. He is good at handling clients and is a good team player… Always courteous and professional, and his judgement and analysis are impeccable.’ (Legal 500 2014)
• ‘Receives strong reviews from market sources, with interviewees pointing to his tenacious and effective style of advocacy. Expertise: “Fiercely bright and always available. A formidable junior with an immense presence both in court and when dealing with clients.” “Hard-working, thoughtful and intelligent.”’ (Chambers UK 2014)
• ‘Hard-working, thoughtful and intelligent,” he is “an extremely stylish lawyer” whom it is “a joy to work with.”’ (Chambers UK 2013)

In 2014, David Scorey was ranked by Chambers & Partners as one of the 100 ‘star’ juniors at the Bar: ‘David Scorey is well versed in a wide variety of commercial disputes, and proves particularly strong on insurance and tax related cases. He is one of the foremost experts on Bermuda Form insurance matters, and regularly appears in arbitrations concerning sums running into hundreds of millions of dollars. By way of example, he appeared in AstraZenica v ACE & XL, the first substantive case in the Commercial Court on the proper construction of the Bermuda Form and whether actual legal liability needed to be demonstrated. “He has a complete command of his brief,” and is “willing to go the extra mile with our clients, some of whom can be very demanding indeed.”’

1997 Inns of Court School of Law
1996 LLM (European Community Law), Leiden University, The Netherlands
1995 BA (Jurisprudence), St. John’s College, Oxford University

• Honourable Society of Lincoln’s Inn: Major Award (Hubert Greenland Scholarship); Wolfson Scholarship; Hardwicke Scholarship
• Elected member of the American Law Institute (ALI) December 2010
• 2012 joint winner of the BILA Book Prize for The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance (Oxford University Press, 2012)