Accreditation

Partner

Dispute Resolution

Accreditation

Get in touch

For further advice please contact us for a consultation.

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UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
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Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de
David's team

Partner

Dispute Resolution

Expertise

David specialises in commercial dispute resolution and international arbitration.  He has been recognised for his expertise for many years in the Legal 500 and as a Leading Individual in the field of insurance and reinsurance in Chambers UK Directory.  David acts for clients across a number of business sectors including insurers and reinsurers, brokers, financial services policy holders, marine and energy interests, international trade and commodities, international infrastructure and defence companies, and sovereign state bodies in international arbitration claims.

He has conducted numerous arbitrations both ad hoc and under common institutional rules (including UNCITRAL, ICSID, ICC, LCIA, and ARIAS).  He has represented sovereign state bodies in investor-state arbitration under bilateral and multilateral investment treaties (including under the Energy Charter Treaty). He is a recognised specialist in insurance and reinsurance dispute resolution (including Bermuda Form arbitration) with particular expertise in financial risks insurance, including professional liability, D&O and conventional fraud insurance products, cyber-risks, trust company and trustees’ liability, trade credit insurance, and marine and non-marine reinsurance coverage disputes.

David is a ranked individual in Chambers Global for Insurance and Reinsurance, praised for his ‘business sense in addition to legal know-how’. He is also recommended in both Insurance and Reinsurance and in International Arbitration in Legal 500, in UK Best Lawyers for his insurance work and has been listed in Euromoney’s Expert Guides on the World’s Leading Insurance Lawyers.

Experience Highlights

International Arbitration

  • Advising US and Bermuda excess professional liability insurers in international arbitration proceedings in Bermuda (UNCITRAL) in respect of claims from a US financial institution arising from US class actions.
  • Advising a South Korean defence and infrastructure group in respect of claims in ad hoc international arbitration (seat Oman) arising from the construction of a water treatment plant in the Middle East.
  • Representing Albanian Republic in Investor-state treaty ICSID arbitration under the multi-lateral Energy Charter Treaty in defence of $400m claims arising from waste-to-energy conventional power plant project under a BOT concession contract.
  • Advising a South Korean defence and infrastructure group in respect of claims in ad hoc international arbitration (seat Oman) arising from the construction of a water treatment plant in the Middle East.
  • Advising a US insurance group in arbitration (Oslo seat) in respect of English law disputes arising from marine and energy excess of loss reinsurance protections for losses sustained following Hurricane Irma.
  • Advising Canadian mining interests in respect of the arbitration of infrastructure construction claims subject to ICC arbitration rules (seat Canada).
  • Representing Albanian Republic in defence of $1billion claims in ICSID arbitration from investors under Italian/Albanian BIT relating allegations of expropriation of a television station and a failed construction and development of a hydroelectric power plant.
  • Representing Albanian Republic in defence of $120m claims in ICC arbitration (Paris seat) arising from alleged breaches of a concession contract for the construction of a hydroelectric power plant.
  • Advising Ukranian state interests in international arbitration under ICC Rules (Swiss seat) against contracting parties in respect a $50m dispute regarding energy sale and purchase contracts.

Financial Services, Insurance and Reinsurance

  • Advising European and Bermuda reinsurance carriers on reinsurance coverage issues and disputes relating to major market issues including claims under global property reinsurance arising from the Chile Riots of 2019, claims under property reinsurance from the Covid 19 business interruption, and potential claims under marine and aviation reinsurance treaties arising from the Ukraine war.
  • Advising UK Bank on insurance claims recovery under Fraud and Professional Liability policy arising from losses following allegations of internal fraud
  • Advising UK Bank on insurance claims recovery under Professional Liability insurance policy for liabilities arising from s.75 CCA claims
  • Advising Bermuda reinsurance company in respect of Covid 19 exclusions and issues concerning non-renewal of whole account treaty reinsurance including event cancellation
  • Representing Korea Development Bank in proceedings in London relating to performance bonds under the ICC URDG rules – Technicas Reunidas Saudi v Korea Development Bank [2020] EWHC 968 (TCC)
  • Advising publicly-quoted European IT Group on cyber and professional liability insurance losses arising from the cancellation of a major IT travel project.
  • Advising a US insurance group in arbitration (Oslo seat) in respect of English law disputes arising from marine and energy excess of loss reinsurance protections for losses sustained following Hurricane Irma.
  • Advising offshore Trust Management companies in respect of insurance claims for losses arising from allegations of mismanagement of trust funds.
  • Advising in respect of D&O and E&O policy coverage issues, in particular relating to fund management liability programmes, trustee liability programmes, multinational multimedia liability programme, investment advisers and financial institutions package insurance
  • Advising Bermudan marine and energy reinsurers on losses arising from the Macondo oil spill (“Deepwater Horizon”) and from the total loss of the Costa Concordia in respect of London JELC arbitration disputes under Industry Loss Warranty products provided by hedge fund capital market transactions.

David Advises

  • Marine and Energy insurers and reinsurers
  • Property and Casualty reinsurers
  • Commercial Insurance policyholders
  • Corporates (UK and international)
  • Banks
  • Financial Services companies
  • Trust Companies
  • Sovereign State bodies

Career History

Previous Law Firms

  • Fladgate LLP, Partner
  • Gowling WLG UK, Partner
  • Lawrence Graham LLP, Partner
  • Baker McKenzie, Solicitor
  • Norton Rose, Solicitor

Memberships

  • Member Chartered Institute of Arbitrators (MCIArb)
  • Member ICCA (International Council for Commercial Arbitration)
  • The Law Society of England & Wales

Education

  • University of Manchester, BA(Hons) History
  • Wimbledon College

Get in touch

For further advice please contact us for a consultation.

-

UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
-

Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de
David's team