Peter Webster

Professional practice

Peter is an experienced lawyer with a busy and broad practice in both English and international law. He acts as both sole and junior counsel and has particular expertise in commercial disputes before the English courts or arbitral tribunals, in appellate work, and in international law and arbitration. He also practises in employment law and human rights/public law.

In respect of commercial work, his case load arises from a range of sectors, including banking and financial services, energy, life sciences, media/art, property and shipping/commodities. He acts both in an advisory and a contentious context and has experience of all stages of the dispute resolution process, from pre-issue to interim applications, trial and enforcement.

In respect of his international law practice, he frequently advises in respect of treaty interpretation, immunity and investment law issues, and has acted in a various cases before the English courts and international tribunals.

Equally comfortable acting as part of a larger legal team or as sole counsel, examples of Peter’s sole advocacy experience include: (i) representing a State in an ICC arbitration regarding a €50m bilateral investment treaty claim (five day hearing on jurisdiction, merits and quantum); (ii) applying for freezing relief on behalf of 11 claimants in a complex damages action for human trafficking; (iii) representing the defendant in a three-day trial relating to a share option; (iv) applying for permission to enforce an arbitration award and associated freezing relief. Recent expertise as junior counsel includes: (i) acting in respect of proceedings relating to the 1MDB fraud (Court of Appeal and Commercial Court); (ii) representing Citibank in a significant Financial List claim relating to alleged dishonest assistance with fraudulent carbon credit trading; (iii) acting for numerous claimants in English proceedings to enforce US judgments against a foreign State; (iv) acting for Al Jazeera in its bilateral investment treaty claim against Egypt in respect of the treatment of its investments during the Arab Spring.

Peter has experience at all levels of the English legal system and has also appeared in a number of Commonwealth appeals to the Judicial Committee of the Privy Council and assisted foreign lawyers in respect of disputes before foreign courts, particularly in the appellate context. As far as arbitration is concerned, his experience encompasses proceedings under a variety of institutional rules (ICC, LCIA, UNCITRAL and ICSID). In addition to his experience as counsel in arbitration, he is working as an assistant to the chair of an ICSID tribunal.

He has been working as a lawyer since 2008 and came to the Bar with experience of practice as a solicitor. He trained from 2008 to 2010 at a leading Scottish commercial law firm, where he gained particular experience in commercial and employment law cases. From 2010 to 2011 he worked as a Judicial Assistant at the U.K. Supreme Court, in which role he worked on various high profile appeals and applications for permission to appeal in respect of commercial, employment and public law matters. Thereafter he was an associate in the disputes team of an international law firm in London, working on a range of court and arbitration matters. Having graduated top of his year, before qualifying he undertook postgraduate research and taught a variety of subjects at Edinburgh University. He has published on a range of legal topics.

In addition to acting for commercial and State parties, Peter will in appropriate cases act pro bono and recently worked on that basis in respect of two claims regarding modern slavery. He speaks and reads French well.

Examples of recent cases

Notable matters which are typical of Peter’s practice include:

Minister of Finance & 1MDB v IPIC & Aabar: junior counsel (to Toby Landau KC) in this claim which arises out of the infamous 1MDB fraud and in which the claimants seek to set aside a consent award under ss 67 & 68 of the Arbitration Act 1996. Peter acted in respect of an expedited appeal to the Court of Appeal concerning whether the English proceedings should have been stayed to allow an arbitration to proceed or whether an anti-arbitration injunction should have been granted. He is currently also instructed in respect of the resumed Commercial Court proceedings. The Court of Appeal decision ([2019] EWCA Civ 2080) was shortlisted for the “Most Important Decision” award at the GAR Awards 2020.
BILTA & ors v Citibank: junior counsel (to David Scorey KC) in a significant Financial List case regarding allegations of dishonest assistance and fraudulent trading (s 213 Insolvency Act) relating to alleged VAT fraud in the carbon credit market.
Bluecrest Capital Management (UK) LLP v former partners: junior counsel (to Andrew Hochhauser KC) for the defendants in this Commercial Court partnership dispute, in which a hedge fund sought repayment from former traders of a remuneration payment, alleging it had only been paid as a result of the defendants’ deceit or breach of duties of good faith.
Junior counsel (to Vernon Flynn KC and Edmund King, instructed by Linklaters) in respect of (i) an urgent confidential application for an anti-suit injunction to restrain foreign proceedings and (ii) a claim for various other breaches of a shareholders’ deed in the context of an imminent takeover.
Sole counsel for defendant in three-day trial regarding a share option.
Sole counsel for defendant in respect of claims for immediate repayment of borrowings under syndicated loan agreement, raising issues of the application of material adverse change clauses.
Sole counsel for claimant private equity funder in contractual dispute relating to termination of management agreement, raising issues of force majeure.
Acted as sole counsel, instructed by Leigh Day, to obtain freezing relief in respect of a ground-breaking claim by 11 agricultural workers for damages relating to human trafficking / modern slavery.
Uzbek German Forum v Secretary of State for International Trade: junior counsel (to Hugh Mercer KC and Alison Macdonald KC) in an application for permission for judicial review on various grounds, including relating to compliance with international law obligations regarding forced labour.
Assisted (as junior counsel) a financial services company in court proceedings relating to a regulatory investigation of share transactions relating to an attempted takeover.
Heiser v Iran: junior counsel (to Prof Dan Sarooshi KC) in an action to enforce substantial US judgments related to terrorist attacks. The claim raised issues of service, State immunity and the enforcement of foreign judgments.
Way2B v Libya: represented the respondent, as sole counsel, in an ICC arbitration regarding a €50m bilateral investment treaty claim relating to a construction project affected by the civil war, cross-examining eight fact witnesses and a quantum expert.
Investor v State: acted as lead counsel for the respondent State in a USD 110m bilateral investment treaty claim raising, inter alia, issues of expropriation, fair and equitable treatment, full protection and security, discrimination and an “umbrella clause” claim.
Al Jazeera v Egypt: acting for Al Jazeera as junior to Toby Landau KC in respect of this high-profile ICSID claim regarding Egypt’s treatment of Al-Jazeera and its journalists following the Arab Spring.
Various advices on State immunity and investment law matters.

What Others Say

Legal 500 2023, International Arbitration: Counsel:

“He was on top of the detail and has excellent drafting skills. His work supporting leading counsel was terrific. He has very good judgment and knows which points to take. His advocacy was also impressive.”

Legal 500 2022, International Arbitration: Counsel:

“He is as comfortable analysing and shaping document-heavy factual and expert evidence for arbitral proceedings as he is developing the most elaborate legal arguments for the Supreme Court. He is an absolute star.”

Arbitration & related court applications

Peter has substantial experience, acting alone and as junior counsel, in both commercial and international law arbitrations, under a wide variety of arbitral rules, including ICC, LCIA, UNCITRAL and ICSID, and in related domestic court proceedings. His commercial arbitration experience includes both claims governed by foreign law as well as English law. This experience includes:

Investor-State arbitrations

Investor v State: acting as lead counsel in respect of USD 110m BIT claim relating to two failed construction projects, raising, inter alia, issues of expropriation, fair and equitable treatment, full protection and security, discrimination and an “umbrella clause” claim.
Way2BAce v Libya: acted unled for the successful respondent in respect of a €50m BIT claim in respect of two failed construction projects, which had been abandoned after the eruption of civil unrest. The claimant advanced claims under various treaty standards (including full protection and security, fair and equitable treatment and a “war damage” clause). The claim was dismissed following a five-day hearing on jurisdiction, merits and quantum.
Al Jazeera v Egypt: acting for Al Jazeera (junior to Toby Landau KC) as part of the counsel team, instructed by Carter Ruck, in respect of this high-profile ICSID claim regarding Egypt’s treatment of Al-Jazeera and its journalists following the Arab Spring.
Hydro srl and others v Albania: acted as part of the counsel team (led by Siddharth Dhar) representing Albania in respect of this c. €700m ICSID claim, which involves alleged investments in the energy and media sectors. The claims related in particular to allegedly wrongful domestic criminal and tax proceedings and involved a significant application for provisional measures.
Bahgat v Egypt – acted for the claimant, as junior to Sam Wordsworth KC and alongside Fietta Law. Peter appeared as part of the counsel team at a jurisdiction hearing in The Hague in 2017 and at the final merits hearings. The claim related to the expropriation of the claimant’s investment in an industrial project and related domestic criminal proceedings.
Advised (as junior to Toby Landau KC) in respect of potential investment law claims arising out of failure to enforce a commercial arbitration award and discriminatory operation of a bankruptcy proceeding.
Secretary to Sir Franklin Berman, President of Tribunal in ICSID case MOL v Croatia.
Assisting three leading international law counsel with the preparation of detailed advice regarding the effect of an international investment arbitration award. This matter raised various complex questions of international law, including issue estoppel and res judicata and whether a third State would act in breach of international law if it failed to give effect to the award and instead granted requests for legal assistance and gave effect to judgments of the courts of the State in which the investment was made.
Advised (as junior to Toby Landau KC) in respect of potential international law claims available to bondholders in respect of a substantial liquidation.

Commercial arbitrations

Sovereign Wealth Fund v Joint Venture Partner: Peter acted, initially as sole and subsequently as junior counsel (instructed by Squire Paton Boggs UK) for the claimant in this long-running English law ICC arbitration. It involved claims under a Shareholders’ Agreement and Subscription Agreement and various related tort claims for misrepresentation and conspiracy, all arising out of a failed joint venture in Eastern Europe. The claimant maintained that the investment had been procured by fraud and then misappropriated. Peter cross examined witnesses at the hearings and made oral closing submissions.
Junior counsel (to Vernon Flynn KC) representing a commercial party in a 6-day LCIA arbitration relating to a gas supply contract (foreign applicable law).
Junior counsel to (Vernon Flynn KC) in LCIA arbitration regarding a power purchase agreement (foreign applicable law). The case involved a challenge to the tribunal’s jurisdiction because of alleged non-compliance with the dispute resolution provisions in the contract followed by a merits hearing.
Acting as junior counsel for a State in an LCIA arbitration (English applicable law) in respect of claims arising out of a consultancy agreement.
Assisting Toby Landau KC with advice in respect of the effect of withdrawal of claims after a peremptory order was made by a tribunal.
Sole counsel for claimant in an LCIA arbitration claiming under a guarantee in respect of Share Purchase Agreement (English applicable law).
Sole counsel for claimant in a claim for commission earned under an agency agreement (LCIA arbitration; English applicable law).

Court applications

Minister of Finance & 1MDB v IPIC & Aabar [2019] EWCA Civ 2080: junior counsel (to Toby Landau KC) in this claim which arises out of the infamous 1MDB fraud and in which the claimants seek to set aside a consent award under ss 67 & 68 of the Arbitration Act 1996. Peter acted in respect of an expedited appeal to the Court of Appeal concerning whether the English court proceedings should have been stayed (under s 9 of the 1996 Act or on a discretionary basis) to allow an arbitration to proceed or whether an anti-arbitration injunction should have been granted. Following the successful appeal, in which the Court of Appeal lifted the stay and granted an anti-arbitration injunction, Peter is instructed in respect of the resumed Commercial Court proceedings. The Court of Appeal decision was shortlisted for the “Most Important Decision” award at the GAR Awards 2020.
Junior counsel (to David Scorey KC) in applications for anti-suit injunctions to restrain US proceedings brought in disregard of arbitration agreements in numerous insurance policies.
VSoft Holdings LLC v Peepul Capital Fund II LLC [2019] UKPC 46: junior counsel (to Salim Moollan KC) in this appeal regarding an application to set aside an award (Mauritius seat) resulting from an arbitration under a Shareholders’ Agreement.
Assisted the counsel team in respect of Halliburton v Chubb in respect of the appeal to the UK Supreme Court.
Junior counsel in respect of (confidential) application to resist enforcement of an award relating to consideration due under a contract for sale of a business.
Sole counsel for award creditors seeking permission to enforce award under s 66 Arbitration Act 1996 and related freezing and asset disclosure relief.
Sole counsel in s 68 application challenging award on the grounds of public policy (because of abuse of process / res judicata points).
Assisting with the preparation of a complex appeal before a foreign court regarding the enforcement of an arbitration award. In addition to raising issues regarding the basis for the enforcement of foreign awards in the relevant jurisdiction, the case raised complex points of constructive trusts and economic torts and related choice of law questions.
Before joining chambers, Peter was involved as an associate solicitor in various arbitration matters, including a High Court application for recognition and enforcement of an arbitral award and for an interim freezing injunction.
He co-authored a chapter regarding the LCIA Rules in Cordero-Moss (ed) International Commercial Arbitration: Different Forms and their Features (CUP, 2013) and is part of the team working on a new edition of Mustill and Boyd on Commercial Arbitration.

Banking & financial services

Peter has acted both for and against banks and financial institutions in a number of matters. His experience includes:

Sole counsel acting for the defendant in respect of a claim for immediate repayment of borrowings under a syndicated loan and advising in respect of a threatened claim under a connected facility agreement. The case concerned a suite of loan notes totalling £6.5m and gave rise to questions concerning the facility trustee’s duties and the operation of a material adverse change clause.
Sole counsel advising borrower in respect of the enforceability of a guarantee and an associated LPA charge.
Sole counsel representing a financial institution in respect of a Norwich Pharmacal / Bankers’ Trust application.
BILTA & ors v Citibank: junior counsel (to David Scorey KC) in significant Financial List claim regarding alleged dishonest assistance with fraud in the carbon credit market.
Todaysure Matthews Ltd v Marketing Ways Services [2015] EWHC 64 (Comm): junior counsel (to Richard Millett KC) in a Commercial Court claim regarding allegedly improper draw-down on a performance guarantee and related claims under an international sale of goods contract.
Junior counsel (to Edmund King) for defendants to a High Court claim by a bank for sums due under an invoice financing agreement and associated guarantee.
Advising (junior counsel to Paul Stanley KC, instructed by Covington & Burling) in respect of potential grounds to appeal a Commercial Court decision regarding sums due under a financing agreement.
Sole counsel for claimant in High Court claim for payment under a letter of credit, including advising in respect of set-aside of default judgment.
Assisting, as junior counsel, a business which is subject to an investigation by the relevant financial services authority in respect of compliance with takeover rules.
Assisted counsel team with the preparation of an appeal to the Privy Council in Rainbow Insurance Company Ltd v Financial Services Commission [2015] UKPC 15, a judicial review into the withdrawal of a licence for a financial services company.
Sole counsel (instructed by Jones Day) in a stakeholder (interpleader) claim raised by a bank in respect of a disputed account.
Acted for claimant in LCIA arbitration in respect of a claim to enforce a guarantee provided in respect of a share sale.
Advising in respect of ex parte relief available to freeze an account and disclosure remedies available against a bank in respect of a substantial prospective contractual claim.
Prior to joining chambers, assisted with advice as to the operation of an escrow account in connection with a contact relating to the operation of an oil-well.

Civil fraud & asset recovery

Peter has experience in this type of litigation and also enforcement work. This includes:

Minister of Finance & 1MDB v IPIC & Aabar [2019] EWCA Civ 2080: junior counsel (to Toby Landau KC) in this claim which seeks to set aside an arbitral award because of fraud relating to the award and underlying settlement deeds. The case arises from the infamous 1MDB fraud by which more than USD 3.5 billion was allegedly misappropriated from the Malaysian sovereign wealth fund.
Acting as junior counsel to David Scorey KC in BILTA & ors v Citibank (brought following the Supreme Court’s decision in BILTA v Jetivia), defending claims of dishonest assistance and fraudulent trading under s 213 Insolvency Act.
Acting as sole, and then junior, counsel for claimant in a long running ICC arbitration (English applicable law) concerning the allegedly fraudulent sale of and conduct of a business. The case involved various claims under a Shareholders’ Agreement and Subscription Agreement and related tort claims for fraudulent misrepresentation and conspiracy.
Junior counsel (to Edmund King) for defendant in substantial Chancery Division claim arising out of property transactions carried out by (allegedly sham) corporate vehicles in the 1980s and 1990s, advancing conspiracy and trust claims.
Junior counsel (to Richard Millett KC) in application for permission to appeal to Judicial Committee of Privy Council in substantial breach of trust claim.
Acted as sole counsel for a group of 11 claimants to obtain ex parte freezing relief in respect of a complex damages claim, which advances numerous contractual, tortious and statutory causes of action. Peter also advised on compliance with / enforcement of the freezing order and the enforcement of related judgments.
Acted as sole counsel resisting an application for Norwich Pharmacal relief in respect of an alleged fraud involving a cryptocurrency investment.
Advising alone in respect of potential claims against a contract party which allegedly absconded with substantial sums and relief available against its bank.
Sole counsel for Part 20 Defendants in a Chancery Division claim for breach of fiduciary duty / unlawful distributions.

Commercial chancery disputes

Peter’s experience of commercial chancery work includes:

Junior counsel for Citibank in BILTA & ors v Citibank, a significant Financial List claim for dishonest assistance and fraudulent trading under s 213 Insolvency Act.
Junior counsel (to Richard Millett KC) in application for permission to appeal to Judicial Committee of Privy Council in substantial breach of trust claim.
Sole counsel, instructed by Jones Day, for claimant bank in “stakeholder” (interpleader) action.
Sole counsel for Part 20 Defendants in a Chancery Division claim for breach of fiduciary duty / unlawful distributions.
Junior counsel (to Edmund King) for defendant in substantial Chancery Division claim arising out of property transactions carried out by (allegedly sham) corporate vehicles in the 1980s and 1990s, advancing conspiracy and trust claims.
Successfully representing at trial the defendant company in respect of claim by former CFO that he was entitled to shares pursuant to an option agreement.
Acting as sole counsel for claimant (former employee) in respect of claim for transfer of shares.
Advising as sole counsel former director in respect of potential grounds to challenge the alleged improper issue of shares by a company prior to an IPO.
Drafted particulars of claim for unfair prejudice petition in respect of the conduct of a joint venture company working on an undersea cable project.
Instructed to assist with the preparation of an appeal regarding the court’s jurisdiction to challenge the determination of shares’ value by expert appraisers.

Commercial dispute resolution

Peter acts in and advises on a wide variety of commercial disputes in both litigation and arbitration for clients from a wide range of industries as both sole and as junior counsel.

Examples of his court or arbitration instructions include:

Bluecrest Capital Management (UK) LLP v former partners: junior counsel (to Andrew Hochhauser KC) for the defendants in this Commercial Court partnership dispute, in which a hedge fund sought repayment from former traders of a remuneration payment, alleging it had only been paid as a result of the defendants’ deceit or breach of duties of good faith.
BILTA & ors v Citibank: junior counsel (to David Scorey KC) instructed by Hogan Lovells in respect of this Financial Claim arising out of alleged dishonest assistance and fraudulent trading (s 213 Insolvency Act) relating to carbon credit trading. The claim is one of a number of such claims brought following the Supreme Court’s decision in BILTA v Jetivia [2015] UKSC 23.
Urgent anti-suit injunction: junior counsel (to Vernon Flynn KC and Edmund King), instructed by Linklaters, in respect of (i) an urgent anti-suit injunction to restrain foreign proceedings allegedly brought in violation of the jurisdiction clause in a shareholders’ deed and (ii) a claim for various other alleged breaches of the shareholders’ deed related to a takeover and refusal to issue shares.
Freezing injunction: acting as sole counsel for a group of 11 claimants to obtain ex parte freezing relief in respect of a complex damages claim, advancing numerous contractual, tortious and statutory causes of action. Peter has continued to advise on enforcement of the freezing order, which was continued by consent.
Interim injunction to enforce contract: acted for respondents to application for injunction to restrain termination of a substantial supply contract and compel continued performance.
Dispute under investment management agreement: acted as sole counsel in respect of a claim by a private equity funder for damages for repudiatory breach of a management agreement. The case concerned, among other things, force majeure and the difference between terminating for repudiatory breach and under a contractual termination provision.
Disputes under syndicated loan agreements: Peter acted as sole counsel for the defendant in respect of a claim for immediate repayment of borrowings under a syndicated loan facility and advised in respect of a threatened claim under a connected facility agreement, including in respect of a threatened winding-up petition. The case concerned a suite of loan notes totalling £6.5m. It gave rise to questions concerning the facility trustee’s duties and the operation of a material adverse change clause.
Pharmaceutical licence dispute: junior counsel (to Edmund King) for the defendants in a High Court dispute regarding a pharmaceutical licence. The defendants were one of the world’s largest generic drug manufacturers. The case involved both claims for unpaid royalties under a licence agreement and a substantial claim for damages, alleging that a takeover rendered the licensee in breach of a prohibition on assignment.
Sovereign Wealth Fund v Joint Venture Partner: acting as sole, and then junior, counsel for claimant in a long running ICC arbitration (English applicable law) concerning the allegedly fraudulent sale of and conduct of a business. The case involved various claims under a Shareholders’ Agreement and Subscription Agreement and related tort claims for misrepresentation and conspiracy.
Stein v Chodiev [2014] EWHC 1201 (Comm): junior counsel (to Vernon Flynn KC) in an 11 day Commercial Court trial of a claim by a corporate financier against three oligarchs regarding his bonus entitlement.
Todaysure Matthews Ltd v Marketing Ways Services: junior counsel (to Richard Millett KC) in a Commercial Court claim relating to an international sale of goods contract and allegedly improper draw-down on a performance guarantee. This included an application to set aside an order on the basis that it had been obtained by material non-disclosure: [2015] EWHC 64 (Comm).
Rivnu v United Docks [2017] UKPC 24: junior counsel in this Privy Council appeal regarding proper construction of the option in a shareholders’ agreement.
Junior counsel (to Vernon Flynn KC) in 6-day LCIA arbitration relating to a gas supply contract (foreign applicable law), including various arguments regarding a “take or pay” clause.
Junior counsel (to Vernon Flynn KC) in LCIA arbitration (foreign applicable law) relating to a power purchase agreement.
Assisted with the preparation of an appeal regarding the jurisdiction to challenge the determination of shares’ value by expert appraisers.
Assisted with an application for permission to appeal to Judicial Committee of Privy Council regarding claim to enforce foreign judgments and whether the defendant had submitted to jurisdiction.
Drafted particulars of claim for unfair prejudice petition in respect of the conduct of a joint venture company working on an undersea cable project.
Sole counsel for two Part 20 Defendants in a claim for breach of fiduciary duty / unlawful distributions.
Sole counsel resisting challenge to enforcement of a Spanish judgment.
Research / advice regarding remedies for repudiatory breach of a pharmaceutical licence. Drafting submissions regarding time bar in respect of claims for breach of a sale of goods contract.
Sole counsel for claimant in respect of High Court claim under letter of credit, including advising in respect of application to set aside default judgment.
Sole counsel in various cases regarding failure to transfer / issue shares.
Appeared as sole counsel in various commercial claims in the County Court.

He also has an active advisory practice in respect of general commercial matters, including such matters as:

Advising borrower in respect of the enforceability of a guarantee (including on Etridge grounds) and an associated fixed charge.
Detailed advice, as junior counsel, on potential Norwich Pharmacal application in connection with breach of confidence.
Advising (junior counsel to Paul Stanley KC, instructed by Covington & Burling) in respect of potential grounds to appeal a Commercial Court decision regarding a financing agreement.
Advising in respect of jurisdiction regarding a conspiracy claim brought by the defendant to proceedings against a litigation funder which was funding those proceedings.
Assisting with preparation of opinion regarding the circumstances in which a claim against an “anchor” defendant can found jurisdiction against other defendants under Article 8 Brussels Regulation.
Advising alone on potential grounds for a director to seek set aside of a settlement agreement and potential claims connected to the issue of shares in a substantial FTSE company.
Numerous advices in respect of general contractual matters, including: (i) proper construction of an agreement regulating an investment syndicate and the operation of buy-out provisions; (ii) effects of termination of a share purchase agreement including, in particular, whether deposits could be retained; (iii) termination of an agency agreement and impact of counterparty being placed in administration.

Employment

Peter’s employment law experience includes the following:

Bluecrest Capital Management (UK) LLP v former partners: junior counsel (to Andrew Hochhauser KC) for the defendants, two individuals, in this Commercial Court dispute, in which a hedge fund sought repayment from former traders of a remuneration payment, which it was alleged had only been paid as a result of the defendants’ deceit or breach of duties of good faith.
Junior counsel in an 11-day high profile commercial court trial regarding a corporate financier’s bonus arrangements (Stein v Chodiev [2014] EWHC 1201 (Comm)).
Junior counsel for respondent in four related employment tribunal claims (unfair dismissal, discrimination, whistleblowing), including in respect of appeal to EAT.
Successfully represented, as sole counsel, a start-up company at a three day trial regarding the share entitlement of its former CFO.
Appeared for claimant as sole counsel at one day ET hearing regarding disclosure.
Appeared for respondent in ET hearing in a whistleblowing and unfair dismissal claim.
Junior counsel appeal to the Court of Appeal in Janah v Libya [2015] EWCA Civ 33, which concerned State immunity in respect of embassy employees.
Acted (as sole counsel) for 11 claimants seeking ex parte freezing relief in respect of a groundbreaking claim for damages for human trafficking / modern slavery – the underlying proceedings involve numerous heads of statutory and common law employment claims.
Appeared (sole counsel) in the ET for the claimant in an unfair dismissal, breach of contract and unlawful deduction of wages claim.
Acting for claimant former employee in case regarding share entitlement.
Advising former employee in respect of potential grounds for setting aside a settlement agreement and potential claims following issue of shares by his former employer.

He had previous experience of employment matters when training as a solicitor, having worked as part of a highly ranked employment law team on the defence of various tribunal claims and an appeal to the EAT.

Human rights & civil liberties

Peter has recently been involved in two matters before the English courts in respect of forced labour / modern slavery:

Uzbek Forum for Human Rights v Secretary of State for International Trade: acting (led by Hugh Mercer KC and Alison Macdonald KC, alongside Prof Panos Koutrakos, instructed by Bindmans) for the Uzbek Forum for Human Rights in its application for permission for judicial review. The claim concerns EU and UK rules regarding imports of cotton from Uzbekistan and advances various challenges to the UK and/or EU regimes connected to the presence of forced labour in the Uzbek cotton industry. The claim raises a number of issues concerning what international law requires in respect of imports where there is a concern that goods are the product of forced labour / modern slavery.
In a ground-breaking claim for damages by 11 claimants who say they were subject to human trafficking relief and has also advised in respect of other matters, including substantive claims available against those making use of forced labour/modern slavery, Peter acted as sole counsel (instructed by Leigh Day) to obtain freezing

Other experience in the human rights / civil liberties field includes:

Advised, as sole counsel, in respect of the compatibility with the ECHR and international law of an asset freeze connected to alleged support for terrorist activities.
Al Jazeera v Egypt: acting for Al Jazeera (led by Toby Landau KC) in respect of this high-profile investment treaty claim regarding Egypt’s treatment of Al-Jazeera and its journalists following the Arab Spring.
Bahgat v Egypt: acted for the claimant (led by Sam Wordsworth KC, alongside Fietta Law) in this BIT claim against Egypt relating to mistreatment of the claimant, and his investments, including in connection with flawed criminal proceedings.
Junior counsel in Janah v Libya [2015] EWCA Civ 33 in the Court of Appeal and initially on appeal to the Supreme Court, which concerned the compatibility of UK law on state immunity in respect of employment law claims with the ECHR and EU Charter of Fundamental Rights.
Application relating to the conduct of a High Court trial which required the right to privacy to be balanced against the right to a fair trial.
Junior counsel in application for permission to appeal in ZZ v Home Secretary (raising Article 8 issues).
Assisted various senior counsel (both within and outside chambers) with preparation of opinion considering, among other things, the compliance of trial in absentia with Article 14 ICCPR, the reliance that could be placed on a conviction in absentia to request mutual legal assistance from other states, and whether other states would themselves breach international law by providing such assistance.

Prior to coming to the Bar, Peter gained experience of cases in this field in his role as judicial assistant at the Supreme Court, being involved in such cases as Al Rawi v Security Service / Tariq v Home Office (Article 6 ECHR), Cadder v Her Majesty’s Advocate (Article 6 ECHR), London Borough of Hounslow v Powell (Article 8 ECHR), Adams v Secretary of State for Justice (Article 14(6) ICCPR), McCaughey & Anr (Re an application for judicial review) (Article 2 ECHR)

Peter previously was an Assistant Editor of the European Human Rights Reports. He has also contributed to an edited collection of essays in respect of the impact of human rights laws in Scotland and South Africa.

Injunctions and Similar Applications

Peter’s experience includes:

Freezing injunctions: (i) acted (as sole counsel) for claimants in a groundbreaking claim for damages relating to modern slavery, obtaining ex parte freezing relief against the former employer and individuals connected to that company; (ii) acted (as sole counsel) for party enforcing an arbitration award and obtaining freezing relief.
Anti-suit injunctions: (i) acted for applicant (led by Vernon Flynn KC and Edmund King, instructed by Linklaters) seeking anti-suit relief to restrain US proceedings connected to a shareholder deed in the context of a takeover; (ii) acted for applicants (led by David Scorey KC) in applications for anti-suit injunction to restrain US proceedings brought in disregard of arbitration agreements in numerous insurance policies.
Anti-arbitration injunctions: acted for the claimants in Minister of Finance v IPIC [2019] EWCA Civ 2080, in which the Court of Appeal injuncted pursuit of a London-seated arbitration on the basis that it interfered with English court proceedings.
Norwich Pharmacal relief: Peter has advised on numerous occasions in respect of Norwich Pharmacal relief and has acted for a respondent in respect of such an application in connection with a failed cryptocurrency investment.
Interim injunction to enforce contract: acted for respondents to application for injunction to restrain termination of a supply contract and compel continued performance.

International trade, transport & commodities

Peter’s experience includes:

Advised a foreign seller of goods who had been the subject of fraud in respect of potential claims against an English based carrier who had delivered goods to the fraudster.
Junior counsel in Commercial Court claim (Todaysure Matthews v Marketing Ways Services) regarding sale of goods contract and allegedly improper draw-down on related performance guarantee.
Junior counsel in LCIA arbitration relating to a gas supply contract (foreign applicable law) regarding, in particular, functioning of “take or pay” clause.
Junior counsel in LCIA arbitration regarding power purchase agreement (foreign applicable law).
Sole counsel for claimant in LCIA arbitration relating to commission due under agency agreement for sale of metal.
Sole counsel for claimant in High Court claim regarding payment under letter of credit.

Media, art, entertainment

Peter has experience acting for clients in the media, art and entertainment sector.

Represented, as junior counsel, a French town in respect of its claim for the return of various stolen works of art.
Advised, as sole counsel, a music business in respect of potential claims under finance agreements.
Advised, as sole counsel, a foreign TV station in respect of potential claims against an English advertising agency.
Acting for Al Jazeera, instructed by Carter Ruck, in its claim against Egypt before an ICSID tribunal in respect of its treatment of Al Jazeera journalists during the Arab Spring.

Public & administrative law

Peter has been involved in various public law matters, including:

Uzbek Forum v Secretary of State for International Trade: acting (led by Hugh Mercer KC and Alison Macdonald KC, alongside Prof Panos Koutrakos, instructed by Bindmans): application for permission for judicial review in respect of EU and UK rules regarding imports of cotton from Uzbekistan.
Detailed advice (as junior counsel) regarding the scope of Parliamentary privilege and its interaction with duties of confidentiality.
Advising in respect of the compatibility of an asset freeze related to alleged funding of terrorist activity with the ECHR and international law.
Assisting (as junior counsel) a foreign company that is subject to a regulatory investigation in respect of its compliance with takeover rules, including (i) advice in respect of the conduct of the investigation and potential public law grounds for challenging the authority’s decision and (ii) assistance with proceedings challenging a notice to produce documents.
Junior counsel (to Toby Landau KC and Prof Dan Sarooshi KC) in Court of Appeal case of Janah v Libya [2015] EWCA Civ 33 concerning the compatibility of the UK State Immunity Act with Article 6 of the European Convention on Human Rights and Article 47 EU Charter of Fundamental Rights.
Junior counsel for defendant resisting High Court claim by government department for repayment of alleged overpaid subsidy.
Rainbow Insurance Company Ltd v Financial Services Commission [2015] UKPC 15: assisting counsel team preparing an appeal in a judicial review of regulator’s decision to suspend the registration of a financial services business.
Mauritius Revenue Authority v Chettiar [2015] UKPC 48: junior counsel in this Privy Council appeal concerning the Mauritian constitution and the position of the Mauritian Vice-President.
Junior counsel in application to Court of Appeal for permission to appeal in ZZ v Home Secretary (concerning Art 8 ECHR and EU Citizenship Directive and involving an application by respondent for interim relief).

While working at the Supreme Court, Peter gained considerable experience of public law matters, being involved in such cases as Al Rawi v Security Service / Tariq v Home Office (Article 6 ECHR), Cadder v Her Majesty’s Advocate (Article 6 ECHR), London Borough of Hounslow v Powell (Article 8 ECHR), Adams v Secretary of State for Justice (Article 14(6) ICCPR), McCaughey & Anr (Re an application for judicial review) (Article 2 ECHR), Brent LBC v Risk Management Partners (EU public procurement rules), Patmalniece v SoS for Work and Pensions (discrimination and compatibility of “right to reside” test with EU law).

Public international law

Peter has considerable experience in international law matters, both before international tribunals and in a domestic context, in particular in investment law, immunity and sanctions matters. Examples of Peter’s work in this field include:

Uzbek Forum v Secretary of State for International Trade: acting (led by Hugh Mercer KC and Alison Macdonald KC, alongside Prof Panos Koutrakos) in this application for permission for judicial review in respect of EU and UK rules regarding imports of cotton from Uzbekistan. The case raises various international law issues regarding imports from, and trade agreements with, countries where there is an issue with forced labour.
Heiser v Iran: junior counsel (to Prof Dan Sarooshi KC) in an action to enforce substantial US judgments. The claim raised various State immunity issues, including (i) submission to jurisdiction, (ii) scope of the tort exception to immunity and its application to terrorist attacks, (iii) immunity in respect of enforcement of judgments and (iv) whether the UK rules are compatible with Article 6 ECHR.
Employment tribunal claims: junior counsel in respect of various Employment Tribunal and Employment Appeal Tribunal proceedings raising issues of state and diplomatic immunity.
A local authority v AG and others: junior counsel for applicant in case concerning diplomatic immunity and care proceedings in respect of the children of diplomats, and the compatibility of English law with the ECHR.
Janah v Libya [2015] EWCA Civ 33: junior counsel to Toby Landau KC and Prof Dan Sarooshi KC in Court of Appeal; case concerned whether UK law regarding state immunity from employment claims was compatible with the ECHR and EU law.
Various opinions, as junior counsel, in respect of State immunity issues, including urgent advice to foreign State regarding sensitive immunity matter relating to seizure of State property.
Junior counsel in respect of opinion concerning the effect of sanctions on a ship purchase contract.
Assisting Sam Wordsworth KC with opinion in respect of interpretation of Paris Convention on Protection of Industrial Property.
Sole counsel advising in respect of legality of an asset freeze in respect of alleged funding of terrorist activity.
Advising (as junior to Sam Wordsworth KC) in respect of potential international law claims in respect of revocation of a pharmaceutical patent.
Assisting three leading international law counsel with the preparation of a detailed opinion regarding the extent to which a third State could give effect to foreign judgments and requests for mutual legal assistance given the findings of an arbitral award. This matter raised various complex questions of international law, including questions of issue estoppel and res judicata, whether one state would breach international law if it failed to give effect to the award and instead gave effect to other judgments rendered in the state against which the award was made, and the extent to which proceedings in absentia are compatible with Article 14 ICCPR.

Specifically in respect of international investment law, his experience includes:

Investor v State: instructed as sole lead counsel for the State in respect of a BIT claim for US$165m.
Way2B v Libya: acted alone for the successful respondent in respect of a €50m BIT claim in respect of two failed construction projects, which had been abandoned after the eruption of civil unrest. The claimant advanced claims under various treaty standards (including full protection and security, fair and equitable treatment and a “war damage” clause). The claim was dismissed following a five-day hearing on jurisdiction, merits and quantum in 2018.
Al Jazeera v Egypt: acting for Al Jazeera (junior to Toby Landau KC) in respect of this high-profile ICSID claim regarding Egypt’s treatment of Al-Jazeera and its journalists following the Arab Spring.
Hydro srl and others v Albania: acted as part of the counsel team (led by Siddharth Dhar) representing Albania in respect of this c. €700m ICSID claim, which involves alleged investments in the energy and media sectors. The claims related in particular to allegedly wrongful domestic criminal and tax proceedings and involved a significant application for provisional measures to restrain domestic criminal proceedings. In addition to being principally responsible for drafting large parts of the written submissions, Peter cross-examined foreign law experts at the hearing.
Bahgat v Egypt: acted for the claimant, as junior to Sam Wordsworth KC and alongside Fietta Law in respect of this claim regarding expropriation of the claimant’s investment in an industrial facility in Egypt.
Advised (as junior to Toby Landau KC) in respect of potential investment law claims arising out of failure to enforce a commercial arbitration award and discriminatory operation of a bankruptcy proceeding.
Assisted with preparation of an opinion regarding potential BIT claims in respect of substantial construction project, including issues of the scope of the FET obligation and umbrella clause and questions of attribution.
Assistant to Sir Franklin Berman in ICSID case MOL v Croatia.

Shipping & admiralty

Peter gained a good deal of experience during pupillage (with Nigel Eaton KC) in dry shipping matters and related insurance law points. Since commencing practice his experience has included:

Acting in respect of application to challenge to English courts’ jurisdiction to hear claim under bunkering contract.
Advised as sole counsel in respect of potential claims for misrepresentation and/or breach of charter-party following refusal to call at particular ports due to US sanctions and the effect of foreign law illegality on the charter-party.
Various advices, as sole counsel, such as in respect of (i) an off-hire dispute, (ii) lien over sub-freights, (iii) warranties as to condition of vessel.
Acting, as sole counsel, in application to enforce arbitration award before English courts and obtain related freezing relief.
Advised, as junior counsel, in respect of potential frustration of a ship purchase contract because of EU sanctions.
Assisted with the preparation of submissions in respect of a preliminary issue regarding the jurisdiction of a tribunal in a dispute arising under various ship management contracts.
Advice as sole counsel in respect of remoteness of damages and mitigation following a collision.

Unjust enrichment & restitution claims

Various matters in which Peter has been involved have raised unjust enrichment points including, in particular, questions regarding the fate of deposits or part payments following termination of a contract.

Career

2012 – 2013 Pupillage at Essex Court Chambers (with Nigel Eaton KC)

2012 Called to the Bar, Lincoln’s Inn

2011 – 2012 Associate, International Disputes team of Baker Botts (UK) LLP, London

2010 – 2011 Judicial Assistant to Lord Hope of Craighead and Lord Walker of Gestingthorpe, UK Supreme Court

2008 – 2010 Trainee Solicitor, Brodies LLP (Edinburgh) with a particular focus on commercial dispute resolution and employment law

2004 – 2010 Part-time tutor and lecturer at the Universities of Edinburgh and Strathclyde (2009) in commercial, company and contract law

Education

2008 Ph D, The University of Edinburgh

2007 Dip LP, The University of Edinburgh

2004 LL B (Hons), First Class, The University of Edinburgh

Awards

2012 Shelford Scholarship (Lincoln’s Inn)

2008 Munkman Prize (for public international law)

2005 – 2007 Arts and Humanities Research Council award (to fund Ph D)

2004 – 2007 Edinburgh Legal Education Trust Scholarship (to fund Ph D)

2000 – 2004 A variety of academic prizes, including:

Lord President Cooper Memorial Prize Scholarship (awarded to law student graduating top of year)
First John Hastie Scholarship (for best performance in first and second year subjects)
Tods Murray Prize (for commercial law)
McGrigor Donald Prize (for commercial law)
Margaret Balfour Keith Prize (for constitutional law).

Barrister at Essex Court Chambers

Professional practice