Benedict Tompkins

Professional practice

Benedict’s practice is focused on high-value commercial litigation and arbitration. He has been ranked as a Rising Star in those practice areas in the Legal 500, described as “technically excellent” and “very easy to work with”; and was instructed in two of The Lawyer’s ‘Top 20 cases’ of 2022, both in the Commercial Court. He is developing a specialism in heavy civil fraud and banking & finance, and also has an impressive investment arbitration practice (acting for both investors and host states). Benedict increasingly takes on significant advocacy roles as junior counsel.

Benedict has acted in proceedings in the High Court (Commercial Court, Financial List and QBD), Court of Appeal, and Supreme Court, as well as in the County Courts and the Employment Tribunal. In addition to led work, Benedict has appeared as sole advocate in the Commercial Court, and in a number of general commercial County Court trials and applications.

In arbitration, he has appeared in or advised on proceedings under the ICSID, ICC, LCIA, HKIAC, SIAC, LMAA, ICDR and UNCITRAL Rules, seated both in London and abroad.

Benedict also welcomes appointment as arbitrator, and has sat under the ICC and UNCITRAL Rules.

Highlights of Benedict’s recent or current work include acting: (i) for the primary defendant in Suppipat v Narongdej (Commercial Court), a $2 billion multi-party fraud claim arising out of the sale of Thailand’s largest renewable energy firm; (ii) for the claimant in Lonestar Communications Corporation LLC v Kay & ors (Commercial Court), a conspiracy claim concerning a large-scale cyber attack on a Liberian telecommunications network; (iii) for Oceanwood in Cyrus Opportunities Master Fund II, Ltd v Oceanwood Opportunities Master Fund, Financial List proceedings raising issues under the Market Abuse Regulation in relation to the trading of debt securities; (iv) for the Republic of India in Vedanta Resources Ltd v India, a multi-billion dollar claim alleging breaches of an investment treaty by way of a taxation measure, and in multi-jurisdiction enforcement proceedings arising out of the related Cairn Energy PLC v India arbitration; and (v) as sole counsel for the French Republic in Buttet v Ambassade de France au Royaume-Uni, successfully asserting state immunity in respect of a claim by a former security contractor at the French embassy to the United Kingdom.

Prior to joining Essex Court Chambers Benedict qualified in New Zealand, where he prosecuted serious criminal cases before moving to commercial practice. He has appeared both led and un-led in the New Zealand courts.

He graduated first in his year from the Universities of Auckland and Cambridge.

What others say

Legal 500 UK Bar 2023, International Arbitration:

“Benedict is highly professional in fact-finding processes whether by analysing facts or determining the key elements of the dispute. He has vast experience in public international law and investment disputes.”

Legal 500 UK Bar 2023, Commercial Litigation:

“Benedict is technically excellent – he will also grasp the key point quickly and will hone in on any weaknesses in an opponent’s argument.”

Legal 500 UK Bar 2022, International Arbitration:

“An up-and-coming barrister who is very diligent, knows the law and very easy to work with. He is also very good in coming up with novel angles to issues”

Arbitration & related court applications

Appointed as sole arbitrator in a contractual / insurance dispute (ICC, London seat, 2019–2020), and as party-appointed arbitrator in a shipping dispute involving a major international organisation (UNCITRAL / PCA, Paris seat, 2022–)

Claimant v State (Commercial Court, 2022–): counsel for a sovereign State defending enforcement of a c. $165 million ICSID award, including on State immunity grounds

Investor v State (UNCITRAL, London seat, 2019–present): counsel for an Indian investor in respect of claims under a BIT arising from the termination of a government lease, seeking damages of c. $225 million; Benedict had a substantial role at the merits hearing making oral submissions and leading and cross-examining expert witnesses

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

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

ASA v TL [2020] EWHC 2270 (Comm): counsel for the claimant in an application under s 68 of the Arbitration Act 1996

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

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 s 44 of the Arbitration Act 1996, in support of an LMAA arbitration

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

Investor v State (UNCITRAL, London seat, 2017–present): counsel for a Middle Eastern investor in an arbitration under the OIC Agreement

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

Advised prospective claimants in relation to a prospective ICSID / UNCITRAL claim arising out of the expropriation of a copper concession

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

Banking & financial services

Cyrus Opportunities Master Fund II, Ltd v Oceanwood Opportunities Master Fund (Financial List, 2019): counsel for Oceanwood in proceedings raising issues under the Market Abuse Regulation in relation to the trading of debt securities (settled shortly before trial)

Advised a PRC issuer of a series of bonds on potential conflicts of interests affecting the bond trustee in connection with claims by bondholders in the Hong Kong courts

Civil fraud & asset recovery

Lonestar Communications Corporation LLC v Kay & ors (Commercial Court, 2021–2022): acting for the claimant in a conspiracy claim concerning a large-scale distributed denial-of-service (“DDoS”) attack on a Liberian telecommunications network

Suppipat v Narongdej (Commercial Court, 2020–present): counsel for the primary defendant in a $2 billion multi-party fraud claim arising out of the sale of Thailand’s largest renewable energy firm

Advised the claimant party in a civil fraud dispute on jurisdiction in respect of anti-suit injunctions against Cypriot and Russian parties in support of London arbitration agreements

Commercial dispute resolution

Howe v Harrow School (County Court, 2021): sole counsel for Harrow School in the successful defence of a contractual claim brought by the parent of a former pupil

Instructed as sole counsel in a number of County Court trials and applications

Conflict of laws & private international law

Claimant v Defendant (Queen’s Bench Division, 2018): acted for the claimant in an urgent application for interim prohibitive and mandatory injunctive relief relating to the misuse of confidential information in the nuclear sector, which involved complex questions of jurisdiction in respect of interim relief under the Judgments Regulation

Advised the claimant party in a civil fraud dispute on jurisdiction in respect of anti-suit injunctions against Cypriot and Russian parties in support of London arbitration agreements

Employment

Efobi v Royal Mail Group Ltd [2021] UKSC 33, [2021] 1 WLR 3863, [2021] ICR 1263: junior counsel acting pro bono for the appellant in an appeal to the Supreme Court raising novel issues in relation to the burden of proof in discrimination claims

Buttet v Ambassade de France au Royaume-Uni ET 2204921/2012 (2019): appeared as sole counsel for the French Republic in a successful assertion of state immunity in respect of a claim by a former security contractor at the French embassy to the United Kingdom

Injunctions

Claimant v Defendant (Queen’s Bench Division, 2018): acted for the claimant in an urgent application for interim prohibitive and mandatory injunctive relief relating to the misuse of confidential information in the nuclear sector, which involved complex questions of jurisdiction in respect of interim relief under the Judgments Regulation

Appeared as sole counsel for the claimant in a successful application for an urgent interim mandatory injunction requiring access to a commercial office premises

Advised the claimant party in a civil fraud dispute on jurisdiction in respect of anti-suit injunctions against Cypriot and Russian parties in support of London arbitration agreements

International commercial arbitration

ASA v TL [2020] EWHC 2270 (Comm): counsel for the claimant in an application under s 68 of the Arbitration Act 1996

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

Claimant v State (Commercial Court, 2022–): counsel for a sovereign State defending enforcement of a c. $165 million ICSID award, including on State immunity grounds

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

Investor v State (UNCITRAL, London seat, 2017–present): counsel for a Middle Eastern investor in an arbitration under the OIC Agreement

Advised prospective claimants in relation to a prospective ICSID / UNCITRAL claim arising out of the expropriation of a copper concession

Media, art, entertainment

Sotheby’s v Mark Weiss Ltd (Commercial Court, 2018): instructed on behalf of a defendant in a claim relating to the sale of an allegedly forged Old Masters painting

Public international law

Shipping & admiralty

Instructed as sole counsel on numerous dry shipping matters, both in court and arbitration. Examples include bills of lading disputes raising issues of privity, the Hague-Visby time bar and limitation under a Himalaya clause, and an LMAA arbitration acting for charterers in a demurrage / pumping warranty claim

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

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: B.R.D. Clarke Prize for first in year in the LL.M., 3 Verulam Buildings Prize for international commercial litigation, first in year in international commercial tax (University of Cambridge); Emlyn Wade Prize, W.M. Tapp Postgraduate Scholarship, Honorary Senior Scholarship (Gonville & Caius College)

2015: W.M. Tapp Studentship and College Scholarship (Gonville & Caius College); William Georgetti Scholarship, Spencer Mason Travelling Scholarship, Gordon Watson Scholarship

2012: Semi-finalist and best applicant memorial, Philip C. Jessup International Law Moot, international rounds

2007–2012: Auckland District Law Society’s prize for first in year in the LL.B., winner of the University’s mooting competition and a range of subject prizes in law, Senior Scholarship in English, Senior Prize in French (University of Auckland)

Barrister at Essex Court Chambers

Professional practice