Professional practice

Legal 500 Leading Silk

Jeffrey Gruder, having graduated at Cambridge with a First Class with Distinction has consistently maintained a high-profile practice during his years at the bar.

He is widely recognised as a leading silk at the Commercial Bar and an experienced commercial arbitrator. He has “A brilliant mind, commercial as well as legal,” as well as being “An extremely able and thorough advocate with an extraordinary knowledge of the law”.

He is ranked in six categories by Legal 500: for his “wealth of experience” in Commercial Litigation and Civil Fraud; “His judgement always being 100%” in Banking and Financial disputes; “A calming and reassuring presence both in hearings and in preparation. He brings unruffled insight to difficult situations” when acting as Counsel in International Arbitrations.

A substantial part of Jeffrey’s practice has always encompassed arbitration and so he has become a sought after and well-regarded arbitrator. Acting independently from his Counsel practice as a part-time arbitrator, he arranges his arbitrations through Arbitrators at 24 Lincoln’s Inn Fields. Should you wish to make an enquiry, please visit their website by clicking here.

 

What others say

Jeffrey Gruder QC is consistently recommended as a leading counsel by both the Legal 500 and Chambers Directory.

Chambers & Partners UK Bar

“A first-rate mind.”

“His advocacy is superb.”

“He’s very bright and his written work is excellent.”

“He’s highly intelligent and very capable. He is very good and hard-working.”

“He is absolutely first class in terms of his written advisory work, and he is a safe pair of hands on complex contractual matters.” “Jeffrey has lots of experience.” “He responds quickly with easily digestible advice.’

“Incredibly experienced. He’s seen it all before. He’s all over the law in this area.” “Clever, commercial in his approach and quick to respond.”

The Legal 500 UK Bar  

“His judgement is always 100% accurate and he instills complete confidence in his clients.”

“Unrivalled in giving very prompt and accurate advice on complex legal issues, including those of huge significance to clients.”

“Gives real confidence not only because of his experience, but because he is willing to get involved in the detail of complex arguments.”

“A great silk who has an incredible in-depth knowledge of arbitration law and practice.” “He is an excellent lawyer with a very good grasp of the case.”

“A calming and reassuring presence both in hearings and in preparation. He brings unruffled insight to difficult situations.”

“Erudite and technically strong. He has a wealth of experience.”

“Knows the law inside out and has a wealth of experience.” “A go-to silk for high-value or difficult matters.”

“A very incisive silk with incredible insight and excellent clients skills.”

“He makes the most complex of cases seem easy; a rare gift in the market.”

Arbitration & related court applications

Considerable experience acting as an arbitrator and advocate in a wide variety of high profile disputes. Has also appeared in a large number of court applications related to arbitration including applications pursuant to the Arbitration Act 1996.

  • Counsel for BSGR in BSGR Resources v Vale [2019] EWHC 2456 (Comm) where the commercial court dismissed an application by Vale for $500 million security pursuant to section 70(7) of the Arbitration Act 1996.
  • Acting as counsel in ICC arbitration in a dispute concerning the termination of a contract to manage a hospital in the Gulf.
  • Acting as counsel in ad hoc arbitration where US law firm sought indemnity against professional indemnity insurers where firm accused of fraud.
  • Recently involved as counsel in an arbitration arising from the termination of a contract to build a semi submersible rig in Korea with claims valued in excess of $300 million.
  • Recently involved as counsel in an arbitration brought by charitable institutions associated with Hong Kong billionaire against a US academic institution.

Currently appointed arbitrator or Chairman in numerous high value disputes. Examples of recent work includes:

  • Arbitrator in ICC arbitration concerning a joint venture between a state entity and private investors concerning an investment in a luxury jeweller.
  • Arbitrator in LCIA arbitration relating to an alleged long-term arrangement for the purchase of coal from Australia where the claim exceeds $100 million.
  • Arbitrator in ICC arbitration concerning disputed termination of pharmaceutical licensing agreement.
  • Arbitrator in ICC arbitration concerning mining services contract in an African State. Arbitrator in an ICC arbitration arising out of the supply of software for a credit card operation in an African.
  • Chairman of an LCIA tribunal in respect disputes arising from the takeover of a consumer chain in Moscow and St Petersburg.
  • Arbitrator in an LCIA arbitration where claim under a D&O insurance policy was resisted on the ground that payment of the claim would be in breach of US sanctions imposed as a result of the Russian takeover of Crimea in 2014.
  • Arbitrator in LCIA arbitration brought by a law firm against an insurer arising out of a cyber attack.
  • Arbitrator in LCIA arbitration brought by banks against guarantors to recover in excess of
  • $240 million.
  • Arbitrator in 2 LCIA arbitrations arising out of a joint venture in respect of a copper mine. LCIA arbitration in Geneva concerning a claim for a share of commission arising for financial services provided to a Libyan Bank post Gaddafi.
  • Swiss Chamber Arbitration in Zurich considering a claim in fraud arising out of the abortive sinking of a shaft for a phosphate mine in Russia.
  • LCIA arbitration concerning claim under a political risks insurance policy in respect of the disappearance of oil in Kenya.
  • Chairman of SIAC Tribunal in respect of dispute between an Indian licensee and an Italian licensor.
  • Party appointed Arbitrator under UNCITRAL rules in respect of dispute arising from collapse of joint venture in Eastern Europe.
  • Chairman of arbitration panel hearing a major political risks insurance dispute concerning avoidance of contracts reinsuring confiscation policies.
Banking & financial services
  • Acted for Credit Suisse in Euro-Asian v Credit Suisse, a claim brought against them under a Letter of Indemnity provided for missing bills of lading where it is alleged that presentation under L/C was fraudulent. This case raised important legal issues in respect of the relevance of subcontracts to the assessment of damages. Court of Appeal judgment July 2018 [2018] EWCA Civ 1720.
  • Acted for RBI in RBI v Asia Coal Energy Ventures Ltd in respect of claims for fraud, misrepresentation and conspiracy against arising out of the takeover of a company listed on the London Stock Exchange.
  • Acted for high profile artistic producer accused of making fraudulent claim against bank for the loss of a safe deposit box containing £8 million of jewels.
  • Arbitrator in LCIA arbitration brought by banks against guarantors to recover in excess of
  • $240 million.
  • Arbitrator in an UNCITRAL arbitration in respect of an alleged failure by an investment house to close out derivative transactions.
  • Appeared in RZB v RBS [2010] EWHC 1461, a leading authority on the law of misrepresentation. This case arose from participation in a syndicated loan to Enron. Appeared in Uzinterimpex v Standard Bank [2008] 2 Lloyd’s Rep. 456, a major Court of Appeal case involving allegations of a fraudulent call by a London bank on an advance payment guarantee, constructive trust and conversion.
  • Successfully argued the important House of Lords case of Standard Chartered Bank v Pakistan National Shipping [2003] 1 AC 959. This case involved a claim for deceit by a bank, which was deceived by a fraudulent presentation under a letter of credit. The case had been before the Court of Appeal three times and involved points on illegality, whether contributory negligence is a defence to a claim in fraud, the liability of a company director for fraud and the assessment of damages in deceit.
  • Successfully argued Standard Bank v Bank of Tokyo, a claim arising out of forged letters of credit circulating on the London forfaiting market. The case involved a detailed legal analysis of tested telexes and the bank’s authority to issue letters of credit.
  • Appeared for the investor plaintiffs in ICS v West Bromwich Building Society, an important test case on the liability of building societies for the marketing of roll-up mortgages and successfully obtaining rescission of the mortgages on the grounds of undue influence and misrepresentation.
Commercial dispute resolution

A specialist in commercial law, practicing across a broad range of commercial work, and particularly skilled in handling complex legal cases.

  • Acting for numerous businesses in respect of claims against insurers arising out of the Covid- 19 pandemic including appearing for Corbin and King against Axa in the important test case on the scope of NDDA and AOCA clauses.
  • Advising high net worth individual under investigation by FCA for alleged market manipulation.
  • Represented the successful party in the court of appeal in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd [2018] 1 WLR 4847 a leading case on the application of section 423 of the Insolvency Act 1986 to transactions between foreign parties.
  • Represented Credit Suisse in Euro-Asian v Credit Suisse, a claim brought against them under a Letter of Indemnity provided for missing bills of lading where it is alleged that presentation under L/C was fraudulent. This case raised important legal issues in respect of the relevance of subcontracts to the assessment of damages.
  • Acted as counsel in ICC arbitration in a dispute concerning the termination of a contract to manage a hospital in the Gulf.
  • Acted as counsel in ad hoc arbitration where US law firm sought indemnity against professional indemnity insurers where firm accused of fraud.
  • Represented RBI in RBI v Asia Coal Energy Ventures Ltd in respect of claims for fraud, misrepresentation and conspiracy against arising out of the takeover of a company listed on the London Stock Exchange.
  • Acted for party in group litigation against a funder which was allegedly in material breach of the Funding Agreement.
  • Acted for high profile artistic producer who is accused of making fraudulent claim against bank for the loss of a safe deposit box containing £8 million of jewels.
  • Represented Stephenson Harwood in important authority on effect of fraud on legal professional privilege and the extent of privilege against self-incrimination, JSC BTA Bank v Ablyazov [2014] EWHC 2788.
  • Successfully argued Tekron v Guinea Investment Co which considered the circumstances in which contracts for the exercise of personal influence were contrary to public policy in English law.
  • Advised a Far Eastern billionaire on a continuing basis in connection with complex high value proceedings in Hong Kong and a potential reference to the DPP arising out of allegations of forgery and an attempt to pervert the course of justice in Hong Kong.
  • Appeared in the “Ocean Victory” in the CA [2015] EWCA Civ 16. This case is a leading case both as to the exception of “abnormal occurrence” in the definition of a charterparty safe port warranty, as well as the limits of an insurer’s right of subrogation against a joint insured.
  • Appeared in Emerald Bay v Barclays Wealth in the Privy Council. This case raised the important point of whether a company is obliged to indemnify its directors against liability to the company for breach of duty which caused loss to the company.
  • Successfully appeared in ETI Euro Telecom International NV v Bolivia (CA) which decided that the English court did not have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 s.25 and the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 to make a freezing injunction in aid of attachment proceedings in New York themselves said to be in aid of an ICSID arbitration.
  • Successfully set aside proprietary and asset freezing injunctions in Sukhoruchkin v Van Bekestin where clients were accused of serious fraud and breaches of fiduciary.
  • Won the appeal in Kudos Catering (UK) Ltd v Manchester Central Convention an important case on the construction and interpretation of exclusion clauses.
  • Successfully obtained asset freezing injunctions for auction house against Sheikh Saud Al Thani of Qatar who had failed to pay for valuable coins bought at auction: Baldwins v Sheikh Saud Bin Mohamed Ali Al Thani.
Commercial fraud / asset recovery
  • Advising high net worth individual under investigation by FCA for alleged market manipulation.
  • Acted for the husband in FRB v DCA where he sued his wife in respect of deceit concerning the paternity of their child. This decision established that a husband could sue his wife for paternity fraud in English law.
  • Acted as counsel in ad hoc arbitration where US law firm sought indemnity against professional indemnity insurers where firm accused of fraud.
  • Acted for Credit Suisse in Euro-Asian v Credit Suisse, a claim brought against them under a Letter of Indemnity provided for missing bills of lading where it is alleged that presentation under L/C was fraudulent. This case raised important legal issues in respect of the relevance of subcontracts to the assessment of damages. Court of Appeal judgment July 2018 [2018] EWCA Civ 1720.
  • Represented the successful party in the Court of Appeal in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd [2018] 1 WLR 4847, a leading case on the application of section 423 of the Insolvency Act 1986 to transactions between foreign parties.
  • Acted for RBI in RBI v Asia Coal Energy Ventures Ltd in respect of claims for fraud, misrepresentation and conspiracy against arising out of the takeover of a company listed on the London Stock Exchange.
  • Acted for high profile artistic producer who is accused of making fraudulent claim against bank for the loss of a safe deposit box containing £8 million of jewels.
  • Represented Stephenson Harwood in important authority on effect of fraud on legal professional privilege and the extent of privilege against self-incrimination, JSC BTA Bank v Ablyazov.
  • Successfully set aside proprietary and asset freezing injunctions in Sukhoruchkin v Van Bekestin where clients were accused of serious fraud and breaches of fiduciary duty.
  • Successfully obtained asset freezing injunctions for auction house against Sheikh Saud Al Thani of Qatar who had failed to pay for valuable coins bought at auction: Baldwins v Sheikh Saud Bin Mohamed Ali Al Thani.
  • Appeared for the Bank in the leading case in the HL of Standard Chartered Bank v Pakistan National Shipping which decided questions as to the personal liability of a company director for fraud and the irrelevance of contributory negligence to a clam in deceit.
  • Appeared in House of Lords case of Sheldon v Outhwaite, the leading case on deliberate concealment defeating a limitation defence in the context of a claim by Names against a leading underwriter.
  • Appeared for Vitol in the leading Court of Appeal case of Kensington v Congo on the application of section 13(1) of the Fraud Act 2006 to prevent reliance on the privilege against self-incrimination in respect of an allegation of bribery (reported at [2008] 1 WLR 1144.
Company law
  • Acting for major shareholder in publicly listed company who alleges non pre-emptive placing was designed to dilute his shareholding in breach of fiduciary duty.
Conflict of laws & private international law
  • Represented the successful party in the court of appeal in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd [2018] 1 WLR 4847 a leading case on the application of section 423 of the Insolvency Act 1986 to transactions between foreign parties and whether there is jurisdiction to order service out of the jurisdiction of such a claim.
  • Successfully appeared in ETI Euro Telecom International NV v Bolivia (CA) which decided that the English court did not have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 s.25and the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 to make a freezing injunction in aid of attachment proceedings in New York themselves said to be in aid of an ICSID arbitration.
Energy & natural resources
  • Arbitrator in a claim in excess of US$100 million relating to purchase of coal from Australia. Recently instructed as counsel in an arbitration arising from the termination of a contract to build a semi submersible rig in Korea with claims valued in excess of $300 million.
  • Arbitrator in Swiss Chamber Arbitration in Zurich considering a US$1 billion claim in fraud arising out of the abortive sinking of a shaft for a phosphate mine in Russia.
  • Advising a major oil company in respect of rights to recover payments from its exploration partners in North Sea fields.
  • Successfully appeared for an oil company in arbitration brought by major rig company. Acted for Owners of a rig in cancellation dispute with oil major. Potential value US$200 million (“The Byford Dolphin” BP v Dolphin Drilling).
  • Represented a major institution and an oil trading company in a Disciplinary Appeal before International Petroleum Exchange.
  • Appeared in Chevron v Total litigation, which concerned disputes between participants in the Ninian Pipeline system.
  • Successfully argued Kaines (UK) v Oesterreichische Warenhandelsgesellschaft Austrowaren GmbH (formerly CGL Handelsgesellschaft mbH) which considered the correct date for the assessment of damages in connection with the repudiation of a contract of purchase of Brent Crude Oil.
Insurance & reinsurance
  • Appearing In Corbin and King v Axa, a leading case on the scope of NDDA and AOCA clauses in the context of Business Interruption caused by the Covid-19 pandemic
  • Advising various insureds in the restaurant and hospitality industry in respect of claims under Business Interruption Insurance Policies arising from Covid 19.
  • Advising and appearing for Gard in the Court of Appeal in the Ocean Victory , a major case on joint insurance and subrogation.
  • Successfully appearing in The Miss Jay Jay, a leading case on concurrent causes of loss (one insured, one not insured) which was relied upon by the Supreme Court in the recent FCA test case on Covid-19.
  • Appeared in Bonner v Cox ,a leading case on duties owed by insurers to reinsurers, in particular in the context of alleged “writing against”
  • Successfully represented the bank in RZB v Five Star a leading case on assignment of Marine Insurance and conflicts of laws.
  • Successfully represented XL in XL v Owens Corning, a leading case on availability of injunctions to prevent a US Claimant circumventing a London arbitration of a Bermuda Form dispute by beginning proceedings in the US.
  • Appeared in the House of Lords case of Sheldon v Outhwaite, a leading case on deliberate concealment defeating a limitation defence in the context of a claim by Names against a leading underwriter.
  • Successfully represented policyholder in Euro-Diam v Bathurst which concerned the effect of illegality and the maxim “ex turpi causa non oritur actio” on an insurance claim.
  • Appeared in The Bamburri, a leading case on constructive total loss in the context of ships trapped in the Shatt al Arab.
  • Appeared in the Court of Appeal on behalf of a director of Defendant company who was found by the first instance judge to have participated in a conspiracy to defraud the Claimant insurance companies: QBE and Markel v Surety Guarantee and Higgs [2009] EWCA Civ 790.
  • Represented mutual insurer in Bermuda Form dispute relating to alleged repudiation by insurer.
  • Appeared in New Hampshire v AXA (“It Had To Be You”), a 20 day trial in Commercial Court concerning film finance reinsurance.
  • Represented XL in Breast Implants Litigation.
  • Acting as counsel in ad hoc arbitration where US law firm sought indemnity against professional indemnity insurers where firm accused of fraud.
  • Representing major Fortune 500 Company in Bermuda Form claim against ACE.
  • Sole arbitrator in a claim by 2 solicitors accused of dishonesty against professional indemnity insurers.
  • Arbitrator in LCIA arbitration concerning claim under a political risks insurance policy in respect of the disappearance of oil in Kenya.
  • Acting for vendors of a life insurance Company in long running arbitration concerning claims arising from pension legislation.
  • Represented an offshore mutual insurance company in a London arbitration concerning a claim for $100 million arising from a business interruption in a Canadian Oil refinery.
Media, art, entertainment
  • Advised London art dealer and daughter of deceased well known artist in dispute against former dealer.
  • Successfully obtained asset freezing injunctions for auction house against Sheikh Saud Al Thani of Qatar who had failed to pay for valuable coins bought at auction: Baldwins v Sheikh Saud Bin Mohamed Ali Al Thani. Leading case on auctioneer’s right to sue for price.
  • Has detailed knowledge of art market and auction Has written an important report on Holocaust restitution.
  • Appeared for Race Course Association in Commercial Court in claim brought by a company controlled by George Walker in connection with right to show British Horse Racing in Eastern Europe.
  • Appeared in Novasco v Allsports (image rights in Premiership Football).
  • Appeared in Jackson v EMI which considered a record company’s obligation to release recordings.
  • Represented Jay Aston on her split from Buck’s Fizz and defeated an attempt to injunct her from pursuing her solo career.
Shipping & admiralty
  • Regularly involved in major shipping disputes both in court and arbitration.
  • Acted for Credit Suisse in Euro-Asian v Credit Suisse, a claim brought against them under a Letter of Indemnity provided for missing bills of lading where it is alleged that presentation under L/C was fraudulent. This case raised important legal issues in respect of the relevance of subcontracts to the assessment of damages.
  • Represented the successful party in the court of appeal in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd, a leading case on the application of section 423     of the Insolvency Act 1986 to transactions between foreign parties.
  • Appeared in the Ocean Victory, a leading case on the effect of joint and composite insurance on the insurer’s rights of subrogation and the effect on causes of action between insureds for breach of tortious or contractual duties
  • Appeared in the Indian Grace (No. 2) in the Court of Appeal and House of Lords This case raised issues relating to res judicata, Section 34 of the Civil Jurisdiction and Judgments Act 1982 and estoppel by convention.
  • Appeared in Nai Genova and Nai Superba, a leading case on rectification for unilateral mistake.
  • Appeared in the Varenna , a leading case on incorporation of arbitration clause in charterparty in to bill of lading.
  • Appeared in the Bamburri, a leading case on constructive total loss in the context of ships trapped in the Shatt al Arab.
  • Recently instructed as counsel in an arbitration arising from the termination of a contract to build a semi submersible rig in Korea with claims valued in excess of $300 million.
  • Successfully acted for major Japanese trading house in arbitration that concerned the termination of an MOA. This case involved issues concerning conflicts of laws and the Japanese law of set-off.
  • Appeared for purchasers in an arbitration concerning the cancellation of 8 contracts for the purchase of ships valued at US$120m.
Career

1977 Called to the Bar

1997 Silk

2007 Bencher Middle Temple

Call: Middle Temple

Education

MA (Law) (First Class with Distinction), Trinity Hall, Cambridge University