Overview
Phillip has a well-established and busy international practice as counsel and international arbitrator. As well as being a barrister, he is also a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is an accredited mediator.
Phillip is a specialist in the dispute resolution by international arbitration of commercial contractual, investment and construction disputes including contractual disputes arising out of:
- the manufacture, sale, supply and distribution of manufactured goods and services
- sale, transportation and storgae of commodities
- oil and gas exploration (development and production sharing)
- road construction
- power purchase agreements
- shareholder agreements and joint ventures
- mining concession and extraction agreements
- banking and finance
- telecommunications
- property development
- enforcement of judgments
He acts for and against corporations, states and state entities.
Phillip has extensive experience advising clients in arbitration under a wide variety of arbitration rules including the institutional rules of AAA, ICC, UNCITRAL, LCIA, Chartered Institute of Arbitrators, ECOWAS, EDF, SADC and ICSID Treaty claims.
He is an experienced arbitrator sitting alone and on a panel, ad hoc and under LCIA, ICC and Chartered Institute of Arbitrators institutional rules.
Phillip is a accredited to UNCITRAL Working Groups II and III (2017-Present).
He holds diplomas in International Commercial & Comparative International Arbitration from the School of International Arbitration, Queen Mary, University of London and International Construction Contracts, Université Paris-Panthéon-Assas (Paris 2).
Besides his work at the Bar, he is a non-executive director of ABSA Bank Uganda Limited (formerly Barclays Uganda) where he sits on all committees and chairs the Credit Committee
International commercial arbitration and litigation
- State Entity/Energy: Acting for East African based International Engineer in claims against Asian state entity in arbitration under the ICC Rules in Singapore for losses sustained on the construction of geothermal plant to supply electricity to the national grid on behalf of state entity (USDS6,000,000).
- Property Development: advising and acting for client shareholders in Mauritian registered companies in three related LCIA arbitrations arising out of East African new town property development project against:
- Majority shareholders where client shareholders (as a minority) sought to exit from SPV Mauritian ultimate holding company for reasons of unfair prejudice (USD 500,000,000);
- Minority shareholders (owning 30% of shares in SPV “upstream” Mauritian holding company) in dispute with client shareholders (as a majority) as to the agreed proportions of their respective shareholdings in the upstream JV SPV (USD 250,000,000) and
- Majority shareholders who had alleged fraudulent misrepresentation against the client shareholders and other shareholders (together as a combined minority) in relation to the financing and structure of the SPV Mauritian ultimate holding company (USD 10,000,000).\
- Structured Finance: acting for two Russian Respondents (representing 17 Respondents in all) in an LCIA arbitration seeking an anti-suit injunction from the arbitral tribunal against three Claimants to prevent pursuit of parallel Cyprus court proceedings in breach of an arbitration agreement. Dispute related to proceedings for the enforcement of a Put Option concerning the transfer of shares as security in a Russian FMCG business (USD 147,000,000).
- Executive Compensation: Acting for Russian Respondent corporation seeking security for costs in LCIA arbitration in respect of a claim brought by senior executive for alleged breach of contract in relation to the exercise of executive compensation share options (USD 2,000,000).
- Executive Compensation: Advising Board of Directors of African Commercial Bank in relation to its prospects of success in ICC arbitration in London in light of adverse judgments wrongly obtained against the Bank (on grounds of municipal policy law exceptions) in two separate West African jurisdictions in breach of an English arbitration agreement complicated by the refusal of the English High Court and Court of Appeal to issue an anti-suit injunction for reasons of delay.
- Financial Services: Acting for group European claimants against retail bank, investment bank and its managers in relation to mis-selling of a complex property backed structured finance product in Canary Wharf development (GBP 250,000,000).
- Banking: Acting for African bank in the Commercial Court and in the Court of Appeal (jurisdiction challenge including FNC) in relation to claims of fraud by predecessor legacy banks alleged to have been committed in London through correspondent Bank (USD 211,000,000).
- Sovereign Immunity: Acting for the Head of State of an African country in the Court of Appeal in England & Wales in respect of a claim for alleged breach of contract and expropriation of property (USD 56,000,000).
- Oil & Gas: Advising claimant domiciled in African state subject to UN, EU and US sanctions for the enforcement of a commission agency contract on sale and purchase of an oil block to Chinese (Hong Kong) company in LCIA Arbitration (USD 2,500,000).
- Oil & Gas: Advising US Oil & Gas corporation operating in Asia in respect of shareholder rights linked to JOA and PSA in LCIA Arbitration (USD 100,000,000).
- Telecommunications: Acting for African based telecommunications company in arbitral proceedings in New York by Asian satcoms service provided conducted under AAA Commercial Arbitration Rules (USD 4,000,000).
- Commodity: Acting for East African commodity trader in dispute with Swiss commodity broker in arbitration under the Arbitration Rules of the Refined Sugar Association for the sale and supply (shipping) of a consignment of sugar from India in circumstances where the seller broker failed to provide acceptable certification of the quality of the sugar (USD 1,000,000).
- Shipping: Acting for West African Charterer in claim in arbitration under the London Maritime Arbitration Association Terms on BIMCO Supplytime 2017. The claim concerned the charter of a lifting vessel deployed in subsea oil industry maintenance work. The vessel was chartered with a defective crane, known by Owners to be defective at the commencement of the charter and which was entirely unsuitable for precision work. (USD 3,000,000).
- Environmental Class Claim: Acting for 160,000 claimant citizens in West African state in respect of claims in the English Technology & Construction Court for damages for spillage of oil said to be the largest oil spill in West Africa. Oil escaped from a flowline between an FPSO and a shuttle tanker. The cause of the leak was a rupture to the flowline pumping oil under pressure which remained undetected for several hours during loading (USD 3,600,000,000).
- Service Contract: Advising African state entity award debtor in forum enforcement proceedings and challenge proceedings at the London seat against Middle Eastern LCIA award creditor. The dispute arose out of the provision of telecommunications equipment supplied by the award creditor to the award debtor (USD 6,000,000).
- Human Rights Class Action: Acting for faith-based organisation in foreign state ad hoc bespoke arbitral proceedings structured for the benefit of claimant citizens for compensation for personal injury, loss and damage following English High Court proceedings. (Unliquidated).
International construction contracts
- Investor State/Construction: On behalf of State Contracting Authority drafted Supervisor’s Ruling under General Conditions for Works Contracts Financed by the EDF (EDF Rules) on a major Referral concerning the suitability of the design specification of the asphalt road pavement. Thereafter successfully acting as counsel for African Government and State Contracting Authority in relation to contractor’s claim for EOT/ additional payment under the Procedural Rules on Conciliation and Arbitration of Contacts Financed by the European Development Fund (Euro 56,000,000).
Investor state dispute settlement
- Investor State/Mining & Manufacturing: Acting for West African investor against a State and State entity in respect of contractual and treaty claims under the ECOWAS Supplementary Act for concession for the manufacture of explosives in the construction industry (USD50,000,000).
- Investor State/Gaming: Advising East Asian state in ICSID proceedings by US investor for alleged expropriation of gaming business by allegedly refusing gaming licences complicated by concerns of perceived asymmetrical power abuse amidst allegations of corruption and bribery of state officials (USD200,000,000).
- Investor State/Mining & Energy: Acting for South – East Asian Government in proceedings by foreign investor to enforce UNCITRAL arbitral award. Claim against Government for alleged expropriation of mining concession construction of coal fire power plant. Complex quantum of damages calculations including losses on power generation income and losses of associated entities on infrastructure expenditure (USD 58,000,000).
- Investor State/Energy: Advising joint venture company as to the validity of security documents and guarantees ancillary to PPA made between foreign investor and African government in municipal proceedings related to ICSID arbitral proceedings (USD 250,000,000).
- Investor State/Oil & Gas: Advising African Government as to its amenability to anti-suit injunction in the Commercial Court in England to restrain domestic proceedings in the face of a valid UNCITRAL arbitration agreement asserted by the Government not to apply by reason of national public policy exclusion (USD 400,000,000).
- Investor State/ Expropriation: Acting for West African Government seeking to settle arbitral award challenge and enforcement proceedings under Investment Treaty Arbitration arising out of expropriation of free trade zone investment opportunity.
International arbitrator
- Shipping: Presiding arbitrator under the LCIA Rules in claim by charterers for voyage charter freight (USD2,000,000).
- Contract: Sole arbitrator under the ICAMEK Rules in claim by joint venture partner for damages for breach of joint venture agreement (USD1,500,000).
- Commodity/ Oil and Gold: Sole arbitrator under the LCIA Rules in a claim for repayment of advance payment on option to purchase oil and gold (USD18,500,000).
- Commission Agency/Mining: Sole arbitrator under the LCIA Rules in a claim by commission agent for commission alleged to be due from Respondent mining licensee for successfully procured private placement by third party investor and follow-on offtake and prepayment agreement (USD1,600,000).
- Infrastructure Pavement Construction: Sole arbitrator under the ICAMEK Rules in a claim by Sub-Contractor against main contractor for fraudulent misrepresentation and breach of procurement regulations on local content on East African state government funded infrastructure project valued at USD138,000,000 under FIDIC 1999 Yellow Book (USD13,000,000).
- Last Mile Electrification/ Construction: Panel Arbitrator under the Rules of the Chartered Institute of Arbitrators in arbitral proceedings for damages by European contractor against African state parastatal on 14 separate claims for breach of contract and counterclaims under an MDB modified FIDIC “Pink Book” contract (USD51,000,000).”
- Quayside Construction: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by contractor against employer for payment for variations under an international donor funded construction contract of a wayleave between quayside harbour berths and grain storage and loading silos (USD 10,000,000).
- Share Purchase Agreement (M&A): presiding arbitrator under the LCIA Rules in a buyer claim for damages against seller for misrepresentation and breach of warranty in the acquisition of USD50 million oil marketing business sold as a going concern (USD3,000,000).
- Shareholders’ Dispute: Sole arbitrator in ad hoc arbitration in a claim by minority shareholders for ownership of shares in insurance company said to have been transferred in breach of pre-emption rights, unlawfully and wrongly held on trust (USD 30,000,000).
- Telecommunications: Panel arbitrator in arbitration under the Rules of the Chartered Institute of Arbitrators (2012) in claim by Outsourcing entity against local government for unpaid invoices (USD 500,000).
- Service Contract: Sole arbitrator under the LCIA Rules in a claim by European security printers for damages for repudiatory breach of publicly procured contract by African sub-contractor (state agent) (USD 6,000,000).
- Commodity Sale, Insurance & Guarantee: Panel arbitrator under the LCIA Rules in a claim by European commodity broker against Asian guarantor for purchase price under deed of guarantee (USD 21,000,000).
- Banking Facility: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in claim by Africa based Commercial Bank against local government for repayment of loan said to be unenforceable on grounds of alleged non-compliance with the Constitution, statute and regulation (USD 45,000,000).
- Loan Agreement: Sole arbitrator under the LCIA Rules in a claim by lender against borrower for repayment of loan advance (USD 20,000,000).
- Shipping: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by Asian manufacturer against African Government state entity buyer for demurrage and damages arising out of buyer’s failure to open letters of credit and to take delivery of consignments of cement clinker shipped C.I.F from the Middle East and Indonesia (USD 1,000,000).
- Commercial Loan/Mining: Panel arbitrator under the LCIA Rules in a claim by Russian investor against Central Asian entity for repayment of a loan to finance gold mining concession (USD 1,000,000).
- Contract: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by security company against African Government on unpaid invoices for security services (USD 500,000).
- Contract: Sole arbitrator under the LCIA Rules in a claim by UK entity against UK partners for damages for breach of contract concerning the provision of international educational services to nationals of an Asian state (GBP 300,000).
Publications
- World Arbitration Reporter 2nd Edition. Uganda. Mistelis & Shore. Juris Publishing Incorporated 2023.
- International Council for Commercial Arbitration Handbook. Uganda Chapter, 2022.
Qualifications
- Chartered Arbitrator
- FCIArb
- DIP ICA (London)
- Diploma International Construction Contracts, Université Paris-Panthéon-Assas (Paris 2)
- BA (Vanderbilt)
- LLB (Hons) (Leeds)
Memberships
- United Nations Commission on International Trade Law (“UNCITRAL”) Working Group II
- UNCITRAL Working Group III
- International Council for Commercial Arbitration UNCITRAL WG III Watch Group
- London Court of International Arbitration
- Chancery Bar Association
- Chartered Institute of Arbitrators Kenya Branch
- Chartered Institute of Arbitrators
- COMBAR Africa Committee
- Commercial Bar Association
- East African Law Society
- International Bar Association
- Uganda Law Society
- The Worshipful Company of Arbitrators
Related resources
