Stephen Donnelly

Professional practice

Stephen has a varied commercial practice before courts and arbitral tribunals under various rule—including the ICC, LCIA, ICSID, UNCITRAL, and LMAA rules—with a focus on disputes in the banking and financial services, environmental and energy, and shipping sectors.

He has been instructed as sole counsel in arbitrations and in courts at all levels, from the Commercial Court and Administrative Court to the Privy Council and the European Court of Human Rights.

As a complement to his commercial practice, Stephen practises in public international law disputes before international and domestic courts and tribunals and in investor–state disputes.

Stephen has been described in recent directory editions as ‘an exceptional junior’, ‘wise beyond his years and an intellectual powerhouse’, ‘first rate and very hard working’, with ‘remarkable research and drafting skills’ and ‘the ability to fit in and get on with a wide spread of individuals’ (Legal 500 2022 & 2023).

His recent cases include:

Merricks v Mastercard: trial in the Competition Appeal Tribunal of causation issues in multi-billion-pound class action concerning interchange fees (led by Joe Smouha KC and Matthew Cook KC, instructed by Freshfields Bruckhaus Deringer)
Crane Bank Ltd v DFCU Bank Ltd: Commercial Court claim by a Ugandan bank alleging breach of trust and fiduciary duty by the Bank of Uganda, raising issues of foreign act of state (led by Ricky Diwan KC, instructed by Addleshaw Goddard)
Gem Management Ltd v Firefox Ltd [2022] 2 BCLC 291: Privy Council appeal concerning contractual interpretation under a share-sale commission agreement governed by Mauritian Law (unled, instructed by Berkeley Rowe)
a dispute under the Trade and Cooperation Agreement between the United Kingdom and the European Union (led by Hugh Mercer KC and Penelope Nevill, instructed by the FCDO)
R (Elliot-Smith) v Secretary of State for Business, Energy and Industrial Strategy [2022] Env LR 5: judicial review of the legality of the UK’s emissions-trading scheme, raising issues as to the effect of the Paris Agreement in domestic law (led by Tom de la Mare KC, instructed by the Government Legal Department)
Heathrow Airport Ltd v HM Treasury [2021] STC 1203: Court of Appeal case alleging breaches of WTO law in the UK’s withdrawal of VAT-free retail schemes, and raising issues as to the courts’ ability to interpret unincorporated treaties (one of The Lawyer’s ‘Top 20 cases of 2021’) (led by Eleni Mitrophanous KC, instructed by HMRC)

In 2020 Stephen was appointed to the Attorney General’s public international law C panel of counsel. In 2021 he was promoted to the London B panel, having been appointed to the London C Panel in 2019.

He is an author of the forthcoming edition of Mortimore and Arnold (eds), Company Directors (OUP, 2024), and his published work on international investment law has been cited in among others Schreuer’s Commentary on the ICSID Convention.

Before coming to the bar, Stephen was judicial assistant to Lord Kerr in the Supreme Court and Privy Council, and taught public international law at the University of Edinburgh and King’s College London, where he is currently a visiting lecturer in international investment arbitration. He studied law at Glasgow, Oxford, and Yale (as a Fulbright scholar and board member of the Yale Journal of International Law).

Stephen is fluent in French and has a working knowledge of several other languages.

What Others Say

Legal 500 UK Bar 2024, Tax: VAT and excise

“He inspires confidence as a safe pair of hands.”

Legal 500 UK Bar 2024, Shipping

“Very hard working and good on detail on paper.”

Legal 500 UK Bar 2023, Tax: VAT and excise

“An exceptional junior, Stephen takes on difficult and time-sensitive tasks without hesitation and delivers insightful and thorough results. He has remarkable research and drafting skills, which he combines with a particularly impressive in-depth knowledge of tax law.”

Legal 500 UK Bar 2023, Shipping

“Very hard working, clever and professionally competent.”

Legal 500 UK Bar 2022, Shipping

“First rate and very hard working. He is also a good team player with the ability to fit in and get on with a wide spread of individuals. Incredible attention to detail, wise beyond his years and an intellectual powerhouse.”

Examples of recent cases

Merricks v Mastercard: trial in the Competition Appeal Tribunal of causation issues in multi-billion-pound class action concerning interchange fees (led by Joe Smouha KC and Matthew Cook KC, instructed by Freshfields Bruckhaus Deringer)

Crane Bank Ltd v DFCU Bank Ltd: Commercial Court claim by a Ugandan bank alleging breach of trust and fiduciary duty by the Bank of Uganda, raising issues of foreign act of state (led by Ricky Diwan KC, instructed by Addleshaw Goddard)

R (Elliot-Smith) v Secretary of State for Business, Energy and Industrial Strategy [2022] Env LR 5: judicial review of the legality of the UK’s emissions-trading scheme, raising issues as to the effect of the Paris Agreement in domestic law (led by Tom de la Mare KC, instructed by the Government Legal Department)Gem Management Ltd v Firefox Ltd [2022] 2 BCLC 291: Privy Council appeal concerning contractual interpretation under a share-sale commission agreement governed by Mauritian Law (unled, instructed by Berkeley Rowe)

A dispute under the Trade and Cooperation Agreement between the United Kingdom and the European Union (led by Hugh Mercer KC and Penelope Nevill, instructed by the FCDO)

Heathrow Airport Ltd v HM Treasury [2021] STC 1203:Court of Appeal case alleging breaches of WTO law in the UK’s withdrawal of VAT-free retail schemes, and raising issues as to the courts’ ability to interpret unincorporated treaties (one of The Lawyer’s ‘Top 20 cases of 2021’) (led by Eleni Mitrophanous KC, instructed by HMRC)

An ICSID arbitration (led by Sam Wordsworth KC and Hussein Haeri, instructed by Withers)

Arauco Navigation Ltd v China Navigation Company Pte Ltd (The CCNI Arauco): multi-party Commercial Court charterparty dispute arising from an explosion and fire on board a container vessel (led Christopher Smith KC, instructed by Reed Smith).

Commercial dispute resolution

Merricks v Mastercard: trial of causation issues in multi-billion-pound class action concerning interchange fees (led by Joe Smouha KC and Matthew Cook KC, instructed by Freshfields Bruckhaus Deringer)

Gem Management Ltd v Firefox Ltd [2022] UKPC 17: appeal from Mauritius to the Privy Council in a commercial claim for payment of sums in connexion with the sale of a shareholding (sole counsel, instructed by Berkeley Rowe)

Crane Bank Ltd v DFCU Bank Ltd [2022] EWHC 1121 (Comm), [2021] EWHC 2364 (Comm): claim by a Ugandan bank alleging breach of trust and fiduciary duty by the Bank of Uganda and a conspiracy between it and the defendants, raising issues of foreign act of state (led by Ricky Diwan KC, instructed by Addleshaw Goddard LLP)

Export Credits Guarantee Dept v BAE Systems plc: ongoing Commercial Court claim arising out of non-repayment by BAE, following arbitral proceedings against the Iranian Ministry of Defence, of sums paid to it by the Department under various guarantee agreements (led by Roderick Cordara KC, instructed by the Government Legal Department)

Derine v The Family Officer Ltd: Commercial Court claim for damages for breach of an alleged investment agreement (sole counsel, instructed by Withers LLP)

Urincha v Libra: Commercial Court claim alleging breaches of derivative contracts for the financing of container ships and related unlawful-means conspiracy (led by Philippa Hopkins KC, instructed by Fried Frank, for the defendants)

De Cristofaro v Cerri: Commercial Court claim for damages for breach of an alleged loan agreement, said by the defendant to be a forgery (sole counsel, instructed by Withers LLP)

Yukos v Georgiades [2020] EWHC 173 (Comm): Commercial Court trial of claims for fraudulent misrepresentation and breach of fiduciary duty by a director and for knowing receipt of their proceeds (led by Jamie Goldsmith KC, instructed by CMS Cameron McKenna Nabarro Olswang LLP, for Yukos)

Yukos v Merinson [2020] QB 336 (Court of Appeal): fraud claim under Dutch law against a former senior employee raising issues of jurisdiction, conflict of laws, and the effect of foreign court settlements (led by James Willan KC, instructed by CMS Cameron McKenna Nabarro Olswang LLP)

Latin American Investments Ltd v Maroil Trading Inc. [2017] EWHC 1254 (Comm): Commercial Court claims for breach of fiduciary duty and secret profits, with applications for freezing relief (led by David Foxton KC and Louise Hutton KC, instructed by Quinn Emanuel Urquhart & Sullivan LLP)

Advising the defendant law firm in a large claim for negligent misrepresentation, currently pending in a foreign jurisdiction and raising novel issues of common-law jurisdiction (led by Joe Smouha KC)

Arbitration & related court applications

Arbitrations

Pair of 3-week LMAA arbitrations for breach of various provisions of charterparties on redelivery of passenger ferries (led by Christopher Smith KC, instructed by Studio Legale Lauro)

A shareholder dispute between members of a well-known retail company, arbitrated under the UNCITRAL Rules (led by David Davies KC, instructed by Hogan Lovells)

ICC arbitration arising out of alleged breaches of contracts for the supply of oil (sole counsel, instructed by Withers LLP)

LCIA arbitration under a $300m facility agreement

4-week arbitration between ferry companies under a share-sale agreement governed by both Greek and Italian law, with complex choice-of-law issues arising from the interaction between them (led by Roderick Cordara KC and Christopher Smith KC, instructed by BDM Law LLP)

JAMS arbitration under a contract for financial services (sole counsel)

Ad hoc arbitration concerning breaches of a contract for the construction of solar panels (led by Hugh Mercer KC and Iain Quirk KC)

Ad hoc arbitration under a shareholders’ agreement of claims of unfair prejudice (led by Paul McGrath KC and James Willan KC, instructed by Elborne Mitchell LLP)

Related court applications

PJSC VTB Bank v Mejlumyan [2021] EWHC 1386 (Comm): claim for an anti-suit injunction arising out of a pledge agreement in support of a facility agreement between VTB and a mining company (led by Vernon Flynn KC, instructed by King & Spalding)

Soletanche Bachy France SAS v Aqaba Container Terminal (Pvt) Co. [2019] 1 Lloyd’s Rep 423: challenges under sections 67 and 68 of the Arbitration Act to an award in an ICC arbitration (led by David Foxton KC and Iain Quirk KC, instructed by Bryan Cave Leighton Paisner LLP)

Erdenet Mining Corp. LLC v ICBC Standard Bank plc [2017] 2 Lloyd’s Rep 25: LCIA arbitration and Commercial Court proceedings under a guarantee and an indemnity, arising out of a banking fraud and giving rise to the first successful application under section 70(7) of the Arbitration Act 1996 for security for the amount payable under an arbitral award (led by David Joseph KC and Edward Brown KC, instructed by Clifford Chance LLP)

Advice to award creditor on questions of public international law arising in the enforcement of an arbitral award (led by Malcolm Shaw KC)

Advice to award creditor on enforcement of an arbitral award and foreign judgment obtained against a state (led by Hugh Mercer KC, instructed by Fladgate LLP)

Investment treaty disputes

Stephen is a visiting lecturer in international investment arbitration at King’s College London. His article ‘Conflicting forum-selection agreements in treaty and contract’ was published in the International and Comparative Law Quarterly ((2020) 69(4) ICLQ 759) and cited in among others Schreuer’s Commentary on the ICSID Convention.

Application to set aside registration of an ICSID Award, raising issues about the application of state immunity from enforcement in light of the ECJ’s decision in Achmea (led by Huw Davies KC, instructed by Simmons & Simmons)

Advising an investor as to jurisdictional bases for an investment treaty claim following a change of regime in the host state (led by Sam Wordsworth KC, instructed by Fenwick Elliott)

Merck Sharpe & Dohme (IA) LLC v Ecuador PCA Case No 2012-10: assistant to the tribunal (Sir Frank Berman KCMG KC, Judge Stephen Schwebel, and Judge Bruno Simma) in an investor–state arbitration under the UNCITRAL rules at the Permanent Court of Arbitration (settled)

Advising a UK government department on investment treaty issues arising from proposed regulation of a sector of infrastructure (as sole counsel).

Before coming to the bar, appeared for the investor in a multi-billion-dollar investor–state arbitration under the UNCITRAL rules concerning the supply of natural gas (led by Ben Juratowitch KC)

As part of a team of counsel, advised a Government department on various aspects of international law concerning the protection of investments (led by Jess Wells)

Advising a national regulator on investment-law issues arising from proposed regulation of natural resource extraction (led by Lucas Bastin KC)

Public international law

Before international courts and tribunals

Advising on issues under the Trade and Cooperation Agreement between the United Kingdom and the European Union (instructed by the Foreign, Commonwealth, and Development Office)

Advising a UK government department on investment treaty issues arising from proposed regulation of a sector of infrastructure (as sole counsel).

An interstate boundary dispute (led by Vaughan Lowe KC and Mathias Forteau)

Wightman v Secretary of State for Exiting the European Union [2019] QB 199: preliminary reference before the Full Court of the CJEU determining the circumstances in which the United Kingdom could withdraw its notification of intention to leave the European Union (led by Gerry Facenna KC, Morag Ross KC, and Anneli Howard, instructed by Bindmans LLP and Harper Macleod LLP)

Before domestic courts

Heathrow Airport Ltd v HM Treasury [2021] EWCA Civ 783: judicial review of the withdrawal of VAT-free schemes, alleging breaches of WTO law (one of The Lawyer’s ‘Top 20 cases of 2021’, led by Eleni Mitrophanous KC, Naina Patel, and Raj Desai, instructed by HMRC)

Crane Bank Ltd v DFCU Bank Ltd: claim by a Ugandan bank alleging breach of trust and fiduciary duty by the Bank of Uganda and a conspiracy by the defendants, raising issues of foreign act of state (led by Ricky Diwan KC, instructed by Addleshaw Goddard LLP)

Advisory

Advising a UK government department on investment treaty issues arising from proposed regulation of a sector of infrastructure (as sole counsel).

Advice on questions of public international law arising in the enforcement of an arbitral award (led by Malcolm Shaw KC)

Advice concerning issues of state succession (led by Sir Frank Berman KCMG KC)

Banking & financial services

Advising a government entity on novel legal and factual issues arising from the tracing of unlawfully acquired crypto assets (as sole counsel).

Derine v The Family Officer Ltd: Commercial Court claim for damages for breach of an alleged investment agreement (sole counsel, instructed by Withers LLP)

London Partners Capital Management LLP v Utkan [2021] EWHC 1647 (Comm): claim for breach of contract, breach of fiduciary duty, knowing receipt, and dishonest assistance by an investment management firm as assignee of an Albanian bank, involving freezing and search orders and an additional claim by Mr Utkan against the CEO of the bank for an indemnity (led by David Davies KC, instructed by Steptoe & Johnson)

De Cristofaro v Cerri: Commercial Court claim for damages for breach of an alleged loan agreement, said by the defendant to be a forgery (sole counsel, instructed by Withers LLP)

LCIA arbitration under a $300m facility agreement

JAMS arbitration under a contract for financial services (sole counsel)

Secondment to the Financial Conduct Authority, assisting with its investigation of matters related to the failure of a major UK bank

Environmental and Energy

Advising a national regulator on investment-law issues arising from proposed regulation of natural resource extraction (led by Lucas Bastin KC)

An ICC arbitration under an oil sale contract (unled, instructed by Withers)

Arbitral anti-injunction proceedings concerning a dispute arising under a $300m facility agreement for the financing of a copper and molybdenum mine (led by Vernon Flynn KC, instructed by King & Spalding)

John Paton & Sons Ltd v Glasgow City Council: judicial review in Scotland of the legality of Glasgow’s decision to introduce a low-emissions zone

Before coming to the bar, appeared for the investor in a multi-billion-dollar investor–state arbitration under the UNCITRAL rules concerning the supply of natural gas (led by Ben Juratowitch KC)

Shipping & admiralty

Pair of 3-week LMAA arbitrations for breach of various provisions of charterparties on redelivery of passenger ferries (led by Christopher Smith KC, instructed by Studio Legale Lauro)

A salvage arbitration, instructed for salvors, in a claim concerning alleged defects in repair works (led by Christopher Smith KC, instructed by HFW)

LMAA arbitration under a time charter where, after her security escort had departed, the vessel was boarded by pirates, following which her crew were detained after being rescued by the coastal state’s navy, who wrongly believed them to be the pirates (sole counsel, instructed by Tatham & Co.)

Arauco Navigation Ltd v China Navigation Company Pte Ltd (‘CCNI Arauco’): multi-party Commercial Court charterparty dispute arising from an explosion and fire on board a container vessel (led Christopher Smith KC, instructed by Reed Smith LLP)

Advised buyers on the effect of Covid-19 quarantine measures on sellers’ ability to complete delivery, where her crew could not disembark at the port of delivery nor could the buyer’s own crew safely embark (led by Jern-Fei Ng KC)

Advised owners in a demurrage dispute arising from Hurricane Harvey (sole counsel)

Advised in a claim for late delivery charges under a shipbuilding contract (led by Roderick Cordara KC)

Tax

News Corp v Revenue & Customs Comrs: Supreme Court appeal concerning whether digital news services are ‘newspapers’ for VAT purposes (led by Eleni Mitrophanous KC, instructed by HMRC)

Large technology company: ongoing advice on cross-border VAT issues (led by Roderick Cordara KC, instructed by Baker McKenzie)

Tenconi v Revenue & Customs Comrs: Upper Tribunal claim concerning application of corporation tax to the disposal of the beneficial interest in company shares (as sole counsel, instructed by HMRC)

R (Royal Surrey NHS Foundation Trust) v Revenue & Customs Comrs: ongoing judicial review of HMRC’s decision not to allow recovery of input tax (led by David Scorey KC, instructed by Hempsons)

Career, Education and Awards

Career

2021 Attorney General’s London ‘B’ Panel of Junior Counsel
2020 Standing Junior Counsel to the Scottish Government
2020 Attorney General’s Public International Law ‘C’ Panel
2019 Attorney General’s London ‘C’ Panel
2016 Tenant at Essex Court Chambers
2015 Advocate at the Scottish bar
2014–15 tutor in public international law, University of Edinburgh
2014 Juriste in public international law team, Freshfields, Paris
2013–14 Judicial assistant to Lord Kerr, Supreme Court of the United Kingdom and Judicial Committee of the Privy Council; tutor in public international law, King’s College London

Education

2013 LL.M., Yale Law School
2012 B.C.L., Lincoln College, Oxford
2011 M.Sc. (philosophy), University of Edinburgh
2008 LL.B., University of Glasgow

Awards

2014 Lord Reid and Faculty of Advocates scholar (for pupillage at the Scottish bar)
2012 Fulbright scholar
2012 Shearman & Sterling mooting trophy, University of Oxford
2011 Runner-up, Times Law Awards
2008 Dean’s Cup, University of Glasgow

Publications

Chapter in Company Directors: Duties, Liabilities, and Remedies (4th edn, OUP 2024)

‘Conflicting forum-selection agreements in treaty and contract’ (2020) 69(4) ICLQ 759

Chapters on ss 67 and 68 of the Arbitration Act 1996 in Bullen & Leake & Jacob’s Precedents of Pleading (19th edn, Sweet & Maxwell, 2019)

‘No consensus on consensus’ (with L Wildhaber & A Hjartarson) (2013) 33 HRLJ 248