Professional practice
Graham Dunning KC has a full time specialist practice as an advocate and arbitrator in substantial international and commercial disputes.
Graham has appeared at all levels in the English courts from the Supreme Court down, offshore and in many international arbitrations in London and other arbitration venues around the world. Amongst other things, he has conducted long fraud trials, many appeals to the English Court of Appeal, Supreme Court and Privy Council, Commercial Court trials, commercial arbitrations in London, Dubai and Singapore, a trial in the DIFC in Dubai, various anti-suit injunctions and applications for freezing relief, an appeal in the Eastern Caribbean Court of Appeal, major investment and oil and gas arbitrations and numerous arbitration related court applications (including issues of state immunity). His clients have included states and state entities, banks, major commercial corporations and high net-worth individuals.
An independent survey in 2015 found that Graham was the advocate who had featured the most often in the Commercial Court in the preceding 12 months. From 2013-2017 he was Co-Head of Essex Court Chambers, after which he resumed full time practice.
Graham is widely recognised as a leading expert on international arbitration, including as the Chambers Bar Awards 2014 “International Arbitration Silk of the Year”. He has acted as lead counsel in major international arbitrations, including investment arbitrations in Washington, Stockholm and Paris and substantial international commercial arbitrations (e.g. ICC, UNCITRAL, LCIA, LCIA India, SIAC, SCC) in seats across the world concerning a wide range of industries, including finance, insurance, mining, oil and gas, commodities, energy, transport, construction and manufacturing.
Graham also frequently sits as arbitrator in international arbitrations of all kinds, having been appointed in more than 80 cases. He has extensive experience of disputes relating to investments in oil and gas, mining, international trade in all types of commodities, energy and infrastructure, as well as shareholder disputes.
- What others say
Graham Dunning KC has been recognised consistently as a leading Silk by both Chambers & Partners and Legal 500, the two established directories of the legal profession, which are produced annually and based on independent and objective market research.
Chambers & Partners UK Bar 2024 – Commercial Dispute Resolution:
“Graham Dunning is reasonable and pragmatic.”
“Graham is a very good and very effective cross-examiner. He is also very straightforward and good with clients.”
Legal 500 UK Bar 2024 – International Arbitration: General:
‘Simply at the top of his game: the go-to person for the most complex cases, legally and factually. In the top handful of advocates at the Bar.’
Legal 500 UK Bar 2024 – Energy and Natural Resources:
‘Extraordinarily sharp and effective, Graham can always be depended on to have a mastery of the factual and legal issues.’
Chambers & Partners UK Bar 2023 – Public International Law:
“He combines being very astute, thorough and user-friendly with being a tenacious advocate who is creative in his arguments.”
“He has great presence on his feet. He usually overwhelms the opposition and is a powerful cross-examiner.”Chambers & Partners UK Bar 2023 – Shipping & Commodities:
“Graham offers excellent assistance with strategic advice.”
Chambers & Partners UK Bar 2023 – International Arbitration: General Commercial & Insurance:
“He is a powerful cross-examiner.”
“His forensic analysis is second to none. He never misses a trick, he’s almost computer-like when analysing a submission and he gets the right answer every time.”Chambers & Partners UK Bar 2023 – International Arbitration: Arbitrators:
“He’s very collegiate and well prepared. Graham also provides very good analysis and takes a sensible approach.”
Chambers & Partners UK Bar 2023 – Energy & Natural Resources:
“Graham Dunning KC is a silk with a strong reputation for shipping litigation, also advising clients on a range of commercial energy disputes.”
Chambers & Partners UK Bar 2023 – Commercial Dispute Resolution:
“Always provides comprehensive, well-rounded advice and looks to assist. Everything he does is in the wider interest of the case, and he proves a reassuring presence to the client.”
Legal 500 UK Bar 2023 – Commercial Litigation:
“His advocacy is brilliant.”
Legal 500 UK Bar 2023 – Commodities:
“A first-class legal mind, balanced and fair in his judgments, he has superb drafting skills and is extremely efficient.”
Legal 500 UK Bar 2023 – Energy and Natural Resources:
“He is polite, well-prepared and has sensible and incisive questions.”
Legal 500 UK Bar 2023 – International Arbitration: General:
“Always brilliant.”
Legal 500 UK Bar 2023 – Shipping:
“One of the best in his field.”
Chambers & Partners UK Bar 2022 – Energy & Natural Resources:
“He is always extremely well prepared and knows the law backwards. He is also very strategically astute – he always seems to be one step ahead of the opposition.” “His advice is always full and well rounded, and he has the wider interest of the case in his mind.”
Chambers & Partners UK Bar 2022 – Public International Law:
“A thoughtful, methodical advocate with a detail-oriented approach. He is particularly effective in setting out the key issues of the case.” “He’s an effective cross-examiner and advocate.” “He is experienced and knowledgeable about important state issues.”
Chambers & Partners UK Bar 2022 – International Arbitration:
“He is well regarded by the market.” “He is the person we call for tricky and complex matters.”
Chambers & Partners UK Bar 2022 – Shipping & Commodities:
“Graham is fantastic. He gave shape and direction to the case. He strategises and is a well-oiled machine who adds an extra layer of polish to things.”
Chambers & Partners UK Bar 2022 – Commercial Dispute Resolution:
“Always provides comprehensive, well-rounded advice and looks to assist. Everything he does is in the wider interest of the case, and he proves a reassuring presence to the client.”
Legal 500 UK Bar 2022, Commercial Litigation:
“A star barrister.”
Legal 500 UK Bar 2022, Commodities:
“A formidable opponent and a particularly robust cross-examiner.”
Legal 500 UK Bar 2022, International Arbitration:
“A formidable opponent and a particularly robust cross-examiner – but always excellent company outside the hearing room.”
Legal 500 UK Bar 2022, Public International Law:
“One of the most experienced barristers dealing with the crossover between international law and commercial law in the English courts, with particular strength in state immunity issues.”
Legal 500 UK Bar 2022, Energy and Natural Resources:
“Graham is an impeccable barrister – he is always prepared and is a dominant force in hearings.”
Chambers & Partners UK Bar 2021 – Commercial Dispute Resolution:
‘A first choice for difficult conflict of laws points, he is a superb tactician and a fine trial advocate.’
Chambers & Partners UK Bar 2021 – Energy & Natural Resources:
‘Tenacious, wonderful advocacy style, really laser-focused on the detail, and thoroughly nice to deal with.’
‘A very good tactician and confident advocate.’
Chambers & Partners UK Bar 2021 – International Arbitration: Arbitrators:
‘He writes fantastically and writes awards quickly and effectively.’
Chambers & Partners UK Bar 2021 – Shipping & Commodities:
‘He is absolutely superb. He is tenacious, has a wonderful advocacy style and is laser-focused on the detail.’
The Legal 500 UK Bar 2021 – International Arbitration:
‘Absolutely brilliant.’
The Legal 500 UK Bar 2021 – Energy & Natural Resources:
‘He provides clear and crisp advocacy and has the depth of knowledge and experience to apply first principles.’
The Legal 500 UK Bar 2017 – Commercial Litigation:
‘He really is stunning Dunning – the complete advocate.’
The Legal 500 2017 – International Arbitration: Counsel
‘Probably the best international arbitration silk at the Bar.’
Chambers & Partners UK Bar 2017:
Graham is “an incredible strategist and someone with a brilliant legal mind” and “an absolutely outstanding master of the courtroom, extraordinarily user-friendly and very good with clients. The type of silk you want in a very difficult case.”
Chambers & Partners UK Bar 2017 – International Arbitration:
“Dunning is a fantastic trial advocate. He is incredibly well prepared, has an encyclopaedic knowledge of the law and is very good at jurisdictional matters.”
The Legal 500 UK Bar 2016 – Commercial Litigation:
‘He retains his charm and sense of humour even in high-octane situations.’
The Legal 500 UK Bar 2016 – International Arbitration:
‘A formidable and highly effective advocate and an excellent strategist.’
Chambers & Partners UK Bar 2014:
Graham was recognised in the Chambers Bar Awards 2014 as “International Arbitration Silk of the Year”.
Chambers UK Bar 2014 describes him as “quite a fearless advocate if you want somebody who will fight your case”.
Chambers & Partners UK Bar 2013 – Civil: Fraud:
Graham Dunning KC is an “incredibly professional” performer. Impressed sources reflect: “I think all silks are bright but he consistently comes up with more quality points than anyone I’ve instructed before.”
Chambers & Partners UK Bar 2013 – International Arbitration:
Graham Dunning KC stands out as a “very effective” advocate and “the first barrister to seek advice from if there are difficult conflicts of law or jurisdictional issues. He is adept at both commercial and investment treaty arbitrations.”
Chambers & Partners UK Bar 2013 – Shipping & Commodities:
Graham Dunning KC is “one of the first names on the team sheet if the case involves a need for really penetrating cross-examination,” according to sources. Dunning is a formidable advocate, who is “a very good man to have on your side because he’s absolutely relentless” and “very good at crushing the opposition.”
- Examples of recent cases
- An ICSID arbitration in Paris representing a large Asian state
- A LCIA India arbitration in Delhi
- An extremely fact and law heavy six month Commercial Court civil fraud trial
- An appeal in the Supreme Court
- Several jurisdictional challenges including a complex jurisdictional appeal (in an offshore case) before the Privy Council
- A substantial commodity related financial dispute in the Commercial Court in London
- A major international fraud trial in the Isle of Man
- A Commercial Court case about an alleged commodity fraud
- Various anti-suit injunctions and applications for freezing relief
- An appeal in the Eastern Caribbean Court of Appeal
- Several appeals to the English Court of Appeal An ICSID arbitration against Ukraine
- A multi-billion dollar oil and gas arbitration in London
- Representing a state seeking to resist enforcement of a substantial ICSID award
- An investment arbitration at the World Bank in Washington DC
- Numerous and varied substantial international commercial arbitrations (e.g. ICC, UNCITRAL, LCIA, LCIA-India, SCC)
- Various London Commercial Court cases, including stay applications, anti-suit, freezing and Chabra injunctions
- Banking & financial services
All aspects of banking disputes and litigation, including derivatives, loan agreements, repos, letters of credit, bills of exchange, performance bonds, guarantees, ECGD backed transactions, enforcement of judgments and awards, freezing orders, and enforcement of judgments and awards.
Recent cases include:
Successfully representing Barclays Bank Plc in the Court of Appeal in a dispute with a hedge fund manager over appointment of an expert to determine fees and efficacy of expert determination clause.
Representing BNP Paribas in proceedings before the Commercial Court and Court of Appeal to protect London arbitration relating to a large loan to a Russian company.
Representing Texan trustee, in a dispute between RBS and a Texan investment manager, in a trial concerning setting aside of judgments for alleged fraud in connection with termination of a CDO warehouse and litigation relating to it.
Representing a commodity trading house in a Commercial Court trial in relation to “repo” transactions with Citibank, and a similar case in international arbitration.
- Civil fraud & asset recovery
Substantial experience of commercial fraud litigation and asset tracing measures including Chabra injunctions and enforcement of awards and judgments.
Recent cases include:
Fiona Trust Litigation – Representing ex-Senator Skarga, former Director General of Sovcomflot, on freezing order applications and in a 6 month Commercial Court trial and appeal raising allegations of fraud and breach of fiduciary duty in respect of the Russian state-owned shipping business, Sovcomflot.
Acting for claimant in a substantial fraud trial in the Isle of Man relating to mobile telephone investments in Kyrgyzstan, including obtaining a freezing order for deposit of shares in NY listed company.
Representing Texan trustee, in a dispute between RBS and a Texan investment manager, in a trial concerning setting aside of judgments for alleged fraud in connection with termination of a CDO warehouse and refusal of anti-suit injunction for lack of “clean hands”.
Acted for Chabra defendants on successful challenge to jurisdiction of the English Court.
Acting for an individual in proceedings in the Commercial Court related to an alleged commodity trading fraud.
- Commercial dispute resolution
Very wide experience of all aspects of commercial litigation, interlocutory, trial and appeal: banking, securities and derivatives; commodities; commercial agreements; insurance/ reinsurance; international trade and transport; shareholders’ agreements; professional negligence; and shipping.
Recent cases include:
Fiona Trust Litigation – Representing ex-Senator Skarga, the former Director-General of the Russian 100% state-owned corporation Sovcomflot, in a 6 month Commercial Court trial and appeal raising allegations of fraud and breach of fiduciary duty in respect of Sovcomflot. In March 2013, the Court of Appeal dismissed Sovcomflot’s appeal against the dismissal of all its claims against Mr Skarga;
Representing Isle of Man subsidiaries of MTS (Russian mobile telecoms operator) in respect of long-running dispute over BITEL, the principal Kyrgyzstan mobile phone operator
Representing Texan trustee, in a dispute between RBS and a Texan investment manager, in a lengthy hearing concerning setting aside of judgments for alleged fraud in connection with termination of a CDO warehouse and anti-suit injunctions relating to associated Texan proceedings
Successfully representing Barclays Bank Plc in the Court of Appeal in a dispute with a hedge fund manager over appointment of an expert to determine fees and efficacy of expert determination clause
Representing BNP Paribas in proceedings before the Commercial Court and Court of Appeal to protect London arbitration relating to a large loan to a Russian company.
Representing Konkola Copper Mines in various Court applications related to a London arbitration
Representing a major commodities house in Commercial Court proceedings in a trial against Citibank
Acting for an individual alleged to have participated in a substantial commodity fraud
- Conflict of laws & private international law
Extensive experience of all aspects of jurisdictional and private international law disputes; stays of proceedings, anti-suit injunctions, forum conveniens, applicable law, etc. Graham Dunning’s cases frequently involve jurisdictional issues and application of many different substantive applicable laws from around the world. He is very familiar with Russian and other CIS systems of law.
Recent cases include:
Disputes over the law governing contracts, restitution claims and claims founded on fraudulent obtaining of a foreign judgment.
A leading case on the law governing allegations of fraud and conspiracy: the Court of Appeal in the Fiona trust litigation.
Various jurisdictional challenges, including in the Privy Council in the AK Investment case on appeal from the Isle of Man.
Numerous anti-suit injunction cases, based on attempts to enforce the negative covenants in jurisdiction and arbitration clauses.
An anti-suit injunction to enforce an employee’s jurisdictional rights under the Judgments.
Regulation: the Court of Appeal in the Samengo-Turner case.
Cases involving the recognition or enforcement of awards and foreign judgments, both in rem and in personam.
- Energy & natural resources
Extensive experience in court cases and arbitrations involving trade, partnerships and joint ventures in respect of virtually every commodity, as well as energy and offshore infrastructure; oil, gas, metals, chemicals, sugar, cotton, grain and other foodstuffs (including futures and options).
Recent cases include:
Large international arbitration brought under Energy Charter Treaty.
Representing a Middle-Eastern government in a multi-billion dollar oil & gas arbitration and related court proceedings.
Arbitration concerning emerald mine.
Arbitration concerning oil/gas joint operating agreement offshore West Africa.
Representing a major commodities house in relation to a dispute concerning an apparent large scale fraud relating to storage of copper and aluminium in warehouses in China.
Representing the State of Azerbaijan in an ICSID arbitration in Washington under the Energy Charter Treaty 1994.
Representing Russian interests in an LCIA arbitration relating to a dispute over failed joint venture in privatised Russian electricity industry.
An LCIA arbitration relating to Uranium mining assets in one of the “stans”.
Representing Pakistan in an investment dispute with mining investors relating to a copper mining lease in Balochistan.
Conducting a major arbitration hearing for a state entity of a Near Eastern state in an ICC arbitration relating to a long term contract and investment relating to a major international oil pipeline.
Acting for a Zambian copper mine.
- Insurance & reinsurance
Substantial experience of all types of insurance and reinsurance, including property and liability insurance, “Bermuda form” arbitrations and “PA spiral” reinsurance arbitrations.
Recent cases include:
Acting for Greek ship-owner in major Commercial Court proceedings relating to total loss marine insurance claim in respect of a bulk carrier.
Representing US insurer in a reinsurance arbitration relating US workers compensation business.
Advising major Bermuda reinsurers in respect of potential liabilities in respect of US Bermuda form business.
Experience as arbitrator in large insurance and reinsurance disputes.
- International commercial arbitration
International Commercial Arbitration as Counsel
Substantial experience in numerous arbitrations of all types as Counsel (ad hoc, LCIA, ICC, SCC, ICSID, UNCITRAL, LME, RSA, LCA, LMAA, AAA) in London and elsewhere, including Hong-Kong, Copenhagen, Moscow, Dubai, Geneva, Stockholm.
Wide experience of industries and subject areas covered, including joint ventures, shareholders’ agreements, energy, finance, mining, offshore industry, oil & gas, mobile telephone and other technology disputes.
Substantial experience of all aspects of enforcement, recognition and setting aside of arbitration awards. Participated in ICC UK Working Party on Enforcement of Arbitral Awards.
Chambers Bar Awards 2014 “International Arbitration Silk of the Year”.
Recent cases include:
Representing a middle-eastern government in a multi-billion dollar oil & gas dispute
Acting in a shareholders dispute and unfair prejudice complaint relating to a BVI investment vehicle
Acting as advocate in an LCIA-India arbitration in Delhi
Representing a European state in an arbitration relating to a satellite
Representing the State of Azerbaijan in an ICSID arbitration in Washington under the Energy Charter Treaty 1994
Representing entity owned by an eastern European State in an ICC arbitration relating to a billion dollar dispute over major oil pipeline
Representing Russian interests in an LCIA arbitration relating to a dispute over failed joint venture in privatised Russian electricity industry
Acting in dispute under shareholders’ agreement for 50% shareholder in BVI joint venture vehicle in respect of mining interests in a CIS country
Representing a Far Eastern government in a private arbitration
International Arbitration as Arbitrator
Frequently appointed as an arbitrator (more than 80 appointments), with several current references ongoing both as sole arbitrator, chair and member of three person tribunal
Numerous arbitration appointments have been accepted at a number of different seats both ad hoc and under ICC, LCIA, SCC, LMAA and UNCITRAL rules, including disputes concerning commercial and investment agreements; insurance contracts; oil and gas projects; energy, construction and engineering; commodity trading; transport and shipping. Further details available on request
Member of Singapore International Arbitration Centre Panel of Arbitrators, with office in Maxwell Chambers Singapore, and Member of Kuala Lumpur Regional Arbitration Centre panel
Courts cases related to English arbitration
Acted as Counsel and advised in many and varied court cases related to arbitration, most recently in challenges to an award in billion dollar oil and gas arbitration
Recently succeeded in the Court of Appeal in upholding an anti-suit injunction in support of a
London arbitration that was granted not only against the party to the arbitration agreement but also against another company in the same ownership and/or control, which was alleged to have acted collusively in bringing proceedings in the Courts in Russia challenging the validity of the underlying contract, something that had been agreed to be determined in arbitration
Recently advised on impact of EU sanctions on enforcement of New York Convention award
Often instructed to advise or represent clients on challenges to awards under ss. 67, 68 and 69 of the Arbitration Act 1996
Often instructed to advise on enforcement issues relating to domestic or New York Convention awards
Many cases relating to s.44 of the Arbitration Act 1996 and injunctions of all types related to arbitration. Acted in several leading cases in this area
- Offshore litigation
Acts in offshore jurisdictions. He is called to the Bar in the BVI and in St Vincent and the Grenadines, as well as having been specially licensed for long-running proceedings in the Isle of Man.
Recent cases include:
Representing the Isle of Man subsidiaries of MTS (Russian mobile telecoms operator) in respect of long-running dispute over BITEL, the principal Kyrgyzstan mobile phone operator in a substantial CIS fraud case
Representing unregistered shipowner in dispute in Eastern Caribbean Court of Appeal, St Vincent (March 2012), over legal effect of judicial sale and out of date ship register
Acting in proceedings in the BVI related to alleged fraudulent acquisition of assets
- Professional negligence
Experience of cases involving insurance brokers, actuaries, architects, accountants, solicitors, et al.
- Public international law & investment arbitrations
Studied Public International Law at both Cambridge, England, and Harvard Law School, USA
Numerous cases involving public international law issues, including issues of:
- State succession on break up of former Soviet Union and former Yugoslavia
- State responsibility for breaches of contract
- Effect of UN and EU sanctions
- State immunity, injunctions against states or state entities and enforcement issues e.g. Third Party Debt Orders and what are state assets
Has advised and acted in many cases (arbitration and court) involving a wide range of states, governments and state entities. Recent cases include representing the Kurdistan Regional Government of Iraq (arbitration and Court), SOMO (Supreme Court) and Venezuela (Commercial Court) in English Court proceedings.
Investment arbitration hearings include:
- Representing Azerbaijan in energy charter dispute at World Bank in Washington DC Representing Pakistan in a BIT dispute relating to refusal of a mining lease to mining investors
- Representing Pakistan in a BIT dispute relating to refusal of a mining lease to mining investors
- Representing claimants in two separate arbitrations against Ukraine (one under a BIT and the other under the Energy Charter Treaty)
- Advising on investment treaty claims.
- Shipping
Extensive experience of disputes relating to trading in all types of commodities and natural resources (see above), charterparty disputes and bill of lading claims, ship sale and shipbuilding.
Numerous maritime arbitrations as Counsel and as arbitrator.
Recent cases include:
Successful on appeal concerning ship mortgage in St Vincent & Grenadines.
Representing a key defendant (former General Director of Sovcomflot) accused of fraud in the 6 month Fiona Trust trial in the Commercial Court, the “shipping case of the decade” – raising a large number of shipping related issues (charters, finance, commissions, new buildings, sales).
Representing unregistered shipowner in dispute in Eastern Caribbean Court of Appeal, St Vincent (March 2012), over legal effect of judicial sale and out of date ship register.
Representing owner of the vessel “Fedra” in the Commercial Court action against her insurers in respect of the total loss of the vessel off Gibraltar.
Representing Korean and Chinese shipyards in arbitrations relating to termination of shipbuilding contracts.
Representing a shipowner in a dispute relating to the operation of ice clauses in a contract of affreightment.
Representing a bareboat charterer in a delivery dispute.
- Career
2013-2017 Co-Head of Essex Court Chambers
2012 Called to Eastern Caribbean Supreme Court (St Vincent)
2011 Called to Eastern Caribbean Supreme Court (BVI)
2009 Bencher, Lincoln’s Inn
2001 Silk
1983 Joined Essex Court Chambers
1982 Called to the Bar Lincoln’s Inn
- Education
1984 MA, Emmanuel College, Cambridge University
1982 Inns of Court School of Law
1981 LLM, Harvard Law School (Kennedy Scholar)
1980 BA (Law) (First Class Hons), Emmanuel College, Cambridge University
- Awards
Chambers Bar Awards 2014, “International Arbitration Silk of the Year”
1981 Denning Scholarship
1980 Kennedy Scholar to Harvard University
1979-77 Various scholarships at Cambridge University
He is a member of (inter alia): British Insurance Law Association; British Maritime Law Association; Commercial Bar Association (COMBAR); London Court of International Arbitration; London Maritime Arbitrators Association
