Arbitrators

Stewart Boyd CBE QC


Between 1968 and 2017 Stewart practiced as Counsel in the English courts up to and including the House of Lords (now the Supreme Court), in other courts of the UK Commonwealth, in the European Court of Justice, and in many arbitrations in England and overseas (including Bermuda, France, the Netherlands, Sweden, Switzerland, Singapore, the United States and Hong Kong).  He now no longer practices as Counsel, but continues to accept appointments as an arbitrator in international commercial disputes and as Expert Witness on English law.

A more detailed CV is available for download.

Arbitration

I have been appointed an arbitrator in many international commercial disputes, including arbitrations held under ICC, ICSID, LCIA, LMAA, SIAC, SCC and UNCITRAL Model Rules.
These have involved disputes in many fields, such as:

  • Advertising
  • Banking/finance/securities/investment management and financial markets
  • Broadcasting and telecommunications
  • Commercial agency
  • Computer software
  • Construction and engineering/infrastructure
  • Electricity generation and transmission
  • Insurance and reinsurance
  • International maritime transport
  • International trade
  • Trading in commodities (e.g. oil and gas, minerals, agricultural products)
  • International investment disputes
  • Oil and gas (separate cv available on request)
  • Power and energy (generation and distribution)
  • Private international law
  • Ship sales and ship building (including offshore construction)

From 1984 to 1996, I was a member of the Departmental Advisory Committee on Arbitration Law which advised the government of the United Kingdom on all aspects of arbitration law, leading up
to the enactment of the Arbitration Act 1996.

Arbitration Appointments

Stewart has been appointed as arbitrator in many different areas of legal, commercial and technical issues. He has long been accustomed to applying laws which do not derive from Common law (Anglo-Saxon) sources and to deciding technical issues under falling within different academic disciplines. The following is a short list of cases in which he has been appointed, which is intended to illustrate the range of topics which he has assisted with over the years.

1992: Property rights over military land (Spanish law)

1992: Off-shore construction: semi-submersible oil rig

1994: Agricultural dispute (milk and bovine AIDS)

1994: Extinguishing oil fires in Kuwait (Saudi-Arabian law)

1995: Bespoke software for banking systems (ICC)

1996: Energy: UK electricity market regulations and agreements

1997: Long term off-shore gas supply contract involving contractual and technical issues (gas chromatography as applied to petrochemicals; turbines)

1997: Marine insurance claim: piracy

1998: Satellite launching programme for a sovereign state (ICC)

1999: Environmental claims under excess liability policies (Bermudan law)

2000: Insurance claim arising from large-scale condemnation of foodstuffs by US government agency

2000: Claim by African state concerning banking matters (ICC)

2002: Loss of profits insurance claim: chemical plant

2003: South American oil concessions

2003: Dispute between Russian groups of companies: minerals and energy (LCIA)

2004: Dispute under television employment contract

2005: D&O cover in respect of a Russian oil company

2005: Expropriation and unequal treatment claim under a BIT: valuation by NPV and CAPM of a telecommunication network (ICSID)

2006: Technical and contractual dispute about construction of three warships for a sovereign state: electronic warfare (ICC)

2006: European and UK competition law dispute about a shipping pool

2006: Expropriation claim under insurance policy (South America)

2007: Indexation dispute under a long-term agreement for the supply of aluminum for aircraft (ICC)

2007: Insurance coverage dispute: US pollution liabilities (ad hoc)

2007: Disputes under a civil engineering contract: “group of companies doctrine” under French and Lebanese law (ICC)

2007: Insurance claim in respect of alleged medical malpractice causing repeated fatalities and injuries (ad hoc)

2007: Sale of minerals: alleged expropriation by a sovereign state (Stockholm Chamber of Commerce)

2007: Gas gathering platforms in the Middle East (ICC)

2008: Hedge fund management (ad hoc)

2008: Shareholders agreement relating to radio and television broadcasting (SIAC)

2008: Claims against a sovereign state concerning a long term rail franchise (UNCITRAL Rules)

2009: Reinsurance dispute concerning liability for hazardous waste (ad hoc)

2009: Insurance dispute: oil refinery explosion and fire (ad hoc)

2009: Price indexation of a long term LPG supply contract (UNCITRAL Rules)

2009: Insurance: pollution liabilities (Bermuda form)

2010: PFI agreement for transport infrastructure (ad hoc)

2010: Political risks insurance dispute

2011: Joint venture for Arctic oil exploration (UNCITRAL Rules)

2011:  Oil and gas production sharing agreement (ad hoc)

2012: Infrastructure franchise: validity of remission of VAT by host state (Greek law: LCIA)

2012-5: Cancellation of shipbuilding contracts (mainly LMAA or SIAC Terms)

2014: Insurance: coverage dispute of class claims in respect of banking liabilities (AAA, Bermudian law)

2014: Breach of investment management agreement (ICC)

2014: Shareholders agreement for international wireless network company (LCIA)

2015: Shareholder agreements: allegedly fraudulent representations made in relation to the sale of shares in mining companies (Turkish law, ICC)

2016: Insurance: excess liability claim arising from the marketing of a pharmaceutical product (ad hoc, Bermuda form)

2017: Offshore seismic survey disputes (ICC and ad hoc)

Many of the above arbitrations involved applicable laws other than English law (e.g. the laws of France, Kazakhstan, Lebanon, Singapore, Sweden, and of states applying Sharia law). They also involved a variety of curial laws (e.g. Austria, Bermuda, France, Lithuania, Singapore, Sweden, Switzerland).

Career Outline

  • Called to the Bar: 1967 Middle Temple
  • Queens Counsel: 1981
  • Department of Trade Inquiry into Minet Holdings plc and others 1982
  • Member of Departmental Advisory Committee on Arbitration 1984-1996
  • Deputy High Court Judge, Queen’s Bench Division (part-time appointment)
  • Deputy Chairman, Financial Services Authority 1999-2004 (non-executive)
  • Commander of the British Empire 2005
  • President, Dubai Financial and Markets Tribunal 2006-2013

Professional Associations

  • Bar European Group
  • Commercial Bar Association (COMBAR)
  • London Common Law and Commercial Bar Association
  • London Maritime Arbitrators Association

Publications

  • Mustill & Boyd, Commercial Arbitration, Butterworths, 1982 and 1989 (1st and 2nd editions, joint author); 2001 Companion
  • Scrutton, Charterparties and Bills of Lading, 18th, 19th and 20th editions (editor) 21st
    edition (general editor)
  • Lectures and articles on commercial law and arbitration including contributions to Arbitration International, Civil Justice Quarterly, Stockholm International Arbitration
    Review.

Expert Witness on English law

I have given expert evidence on English law to courts and arbitrators in several jurisdictions, including evidence on the following topics –

Confidentiality of arbitration (Australia); conflicts of laws affecting consumer legislation and arbitration (Australia); shipping law (Florida); arbitration law (Texas); company and trust law (Texas); marine insurance (New York State); shipping law (Peoples’ Republic of China); power of arbitrators in England to award penal damages under US law (international commercial arbitration tribunal); formation of contracts (Norway); practice of Lloyd’s of London concerning reinsurance to close (various US states).

Languages

French and German (working knowledge)

Education

MA, Trinity College, Cambridge (Senior Scholar)