Professional practice

C&P 2017

Jeffrey Gruder QC is widely recognised as a leading silk at the Commercial Bar and an experienced commercial arbitrator. He is “An extremely able and thorough advocate with an extraordinary knowledge of the law,” as well as being “A lawyer with a nice persuasive advocacy style who is a great cross-examiner.” He is client-friendly, has a high profile practice and a wide array of experience in international litigation and arbitration.

 

What others say

Jeffrey Gruder QC is consistently recommended as a leading counsel in the current editions of both the Legal 500 and Chambers Directory.

Chambers & Partners UK Bar 2018

“He has a very practical, hands-on approach and is very responsive.”

“A first-rate mind.”

“His advocacy is superb.”

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

“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 2019

 ‘Knows the law inside out and has a wealth of experience.’

 ‘A go-to silk for high-value or difficult matters.’

The Legal 500 2017

“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 and tribunals. Has also appeared in a large number of court applications related to arbitration including applications under sections 67, 68 and 69 of the Arbitration Act 1996.

Involved as counsel in ICC arbitration concerning the management of a hospital in the Gulf.

Acting as counsel for a Russian businessman in an arbitration against a high profile Russian businessman.

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:

Chairman of an LCIA tribunal in respect disputes arising from the takeover of a consumer chain in Moscow and St Petersburg.

Sole arbitrator in a claim by 2 solicitors accused of dishonesty against professional indemnity insurers.

Sole arbitrator in an LCIA arbitration in respect of an alleged breach of commercial confidence.

Sole arbitrator in an ICC arbitration (Dubai seat) in respect of a claim for a retainer payment.

Arbitrator in LCIA arbitration brought by banks against guarantors to recover in excess of $240 million.

Arbitrator in a claim in excess of US$100 million relating to purchase of coal from Australia.

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.

Sole Expert in a determination between property developer and major supermarket group in dispute concerning allege repudiation of an agreement for a 25 year lease.

Party Appointed Arbitrator in UNCITRAL arbitration (Zurich seat but held in London) where an oil company claimed against Eastern European state for alleged wrongful termination of concession.

Party appointed Arbitrator under UNCITRAL rules in respect of dispute arising from collapse of joint venture in Kazakhstan.

Arbitrator in LCIA arbitration in Geneva in in respect of disputed claim for introductory commission in respect of services rendered in Libya.

Banking & financial services

Acting 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.

Advising a major European bank in respect of claims for fraud, misrepresentation and conspiracy arising out of the takeover of a company listed on the London Stock Exchange.

Acting 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.

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 in 1999 and 2000 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 [1995] 2 Lloyd’s Rep. 169, 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 (Evans-Lombe J, Judgment January 1999), [1999] Lloyd’s Rep PN 496, 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, practising across a broad range of commercial work, and particularly skilled in handling complex legal cases.

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.

Acting 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.

Advising a major European bank in respect of claims for fraud, misrepresentation and conspiracy arising out of the takeover of a company listed on the London Stock Exchange.

Acting 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.

 Acting as counsel for a Russian businessman in an arbitration against a high profile Russian businessman.

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.

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 set aside proprietary and asset freezing injunctions in Sukhoruchkin v Van Bekestin [2013] EWHC 1993 (Ch) where clients were accused of serious fraud and breaches of fiduciary.

Won the appeal in Kudos Catering (UK) Ltd v Manchester Central Convention [2013] EWCA Civ 38 (CA), an important case on the construction and interpretation of exclusion clauses.

Commercial fraud / asset recovery

Acting 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.

Advising a major European bank in respect of claims for fraud, misrepresentation and conspiracy arising out of the takeover of a company listed on the London Stock Exchange.

Acting 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.

Representing 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 set aside proprietary and asset freezing injunctions in Sukhoruchkin v Van Bekestin [2013] EWHC 1993 (Ch) 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 [2012] EWHC 3156.

Company & insolvency 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.

Energy & natural resources

Arbitrator in a claim in excess of US$100 million relating to purchase of coal from Australia.

Recently instructed 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 [2009] EWHC 3119).

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.

Insurance & reinsurance

Advising and appearing for Gard in the Court of Appeal in the Ocean Victory [2015] EWCA Civ 16, a major case on joint insurance and subrogation.

Representing major Fortune 500 Company in Bermuda Form claim against ACE.

Advising owners of a major industrial site in UK in respect of an insurance against contamination.

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.

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”) 20 day trial in Commercial Court concerning film finance reinsurance.

Appeared in Bonner v Cox [2005] EWHC 1512. Important Court of Appeal decision on extent of duties owed by reinsured to reinsurer.

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 [2012] EWHC 3156. Leading case on auctioneer’s right to sue for price.

Has detailed knowledge of art market and auction process. 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).

 

Shipping & admiralty

Regularly involved in major shipping disputes both in court and arbitration.

Acting 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.

Recently instructed in an arbitration arising from the termination of a contract to build a semi-submersible rig in Korea.

Advising and appearing for Gard in the Court of Appeal in the Ocean Victory [2015] EWCA Civ 16, a major case on abnormal occurrence and the safe port warranty.

Successfully acting for major Japanese trading house in arbitration which 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.

Appeared in the Indian Grace (No. 2) in the Court of Appeal and House of Lords [1996] 2 Lloyd’s Rep 12. This case raised issues relating to res judicata, Section 34 of the Civil Jurisdiction and Judgments and Estoppel by Convention.

Career

2007 Bencher Middle Temple

1997 Silk

Call: Middle Temple

Education

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