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Michael Davar
Partner
Michael Davar is a partner in the International Dispute Resolution and Litigation practices in London.
The Legal 500 2023 highlights Michael as a key lawyer for both international arbitration and commercial litigation – mid market. He is described as a practitioner that “really cares about his cases and clients … is keen to identify all the points that might help them, and is always looking for an innovative angle”.
The Legal 500 2022 also highlights Michael as a key lawyer for both international arbitration and commercial litigation – mid market, describing him as “extremely diligent, helpful, courteous and professional”.
The Legal 500 2021 describes him as “a rising star”.
Michael is a disputes specialist. He advises on an extensive book of cases covering the energy, shipping, international trade, construction and financial industries.
His cases have set English legal precedent. He is a named arbitrator in the Georgian International Arbitration Centre’s list of arbitrators, and a supporting member of the London Maritime Arbitration Association.
He regularly speaks in conferences and for industry groups, and is the co-author of several legal volumes, including International Commercial Arbitration: 21st Century Perspectives (2016 and 2020); Oil and Gas Decommissioning: Law Policy and Comparative Practice (2016); and The Regulation of Decommissioning and Abandonment and Reuse Initiatives in the Oil and Gas Industry (2020).
Recent experience includes handling various high-value commercial cases in the English and Hong Kong courts and in arbitrations under the auspices of the ICC, LCIA, UNCITRAL, SIAC, HKIAC, LMAA and GAFTA arbitral rules.
Prior to entering the legal industry, Michael worked as an FX and fixed income trader at a hedge fund. He holds degrees in law and economic history and speaks several languages, including Russian and Georgian.
Energy, Oil and Gas, and Construction
- US$500 million ICC arbitration acting for an oil and gas operator in a dispute against a state arising from the unlawful termination of a production sharing agreement.
- US$500 million ICC arbitration acting for an oil and gas operator in a dispute with its co-venturer arising from the repudiation of a joint operating agreement.
- US$350 million ICC arbitration acting for a natural gas trader in a dispute arising from the termination of a long-term gas supply agreement.
- US$120 million multiparty ICC arbitration acting for an oil and gas operator against a state and its co-venturers arising from the confiscation of oil and the termination of a production sharing agreement and corresponding counterclaims covering decommissioning, well-integrity, environmental and tax claims.
- US$82 million Australian High Court claim acting for an offshore contractor arising from an oil and gas operator’s renunciation of a long-term offshore drilling contract.
- US$20 million SIAC arbitration acting for a Philippine oil and gas operator in a dispute against a Malaysian drilling contractor arising from the repudiation of an offshore drilling contract.
- US$14 million ICC arbitration acting for an Indian drilling contractor in matters arising from a partial arbitral award against an oil and gas technical service provider regarding the provision of technical management services for a semi-submersible oil and gas platform.
- US$10 million ICC arbitration (including emergency arbitration proceedings) acting for a consortium of construction contractors against a state arising from, among other things, pollution found on the project site, as well as delay, defect and damages claims.
- Acting for a sub-contractor in a dispute involving claims arising from an integrated telecommunication package on a central processing facility and FPSO.
- Acting for an offshore oil and gas contractor in contesting issues arising from an ICC partial award.
- Essar Oilfields Services Limited v. Norscot Rig Management PVT Limited [2016] EQHC 2361 (Comm) – Acted for an offshore oil and gas contractor in challenging an ICC Arbitral Award for Third Party Litigation Funding. The case set English legal precedent for the recovery of third-party funding under the English Arbitration Act 1996.
Shipping and Shipbuilding
- US$300 million dispute acting for an international ship management company concerning the repudiation of five long-term charterparties.
- US$137 million dispute acting for charterers concerning three long-term charterparties.
- US$43 million LMAA arbitration acting for a shipbuilder in a dispute with a shipping consortium concerning the repudiation of a shipbuilding contract, and alleged technical building defects.
- US$20 million LMAA arbitration acting for a Norwegian ship owner concerning an offshore AHTS purchase option dispute.
- US$15.8 million London High Court claim acting for a high-net-worth individual against a superyacht builder concerning construction defects and warranty breaches.
- US$10 million London High Court claim acting for a high-net-worth individual against a superyacht distributor and builder concerning construction defects and warranty breaches.
- US$3.5 million dispute acting for a mining company concerning a vessel’s collision with a quay during dredging activities.
- US$1 million LMAA arbitration acting for charterers concerning a high-value demurrage claim involving issues of force majeure.
- US$600,000 LMAA arbitration acting for a global telecommunications provider concerning damage caused to a submarine cable system by a vessel’s anchor.
- US$500,000 dispute acting for a shipowner concerning numerous competing bunker supply claims.
- US$400,000 chain arbitration under LMAA terms acting for disponent owners concerning claims of overconsumption and underperformance and breach of warranty.
International Trade
- US$20 million negotiation of a contract of affreightment on behalf of a chemical manufacturer.
- US$3 million GAFTA arbitration acting for a Korean commodity corporation in a dispute against an Argentinian grain trader concerning the sale of genetically modified wheat.
- GAFTA arbitration acting for a wheat trader in claims concerning the description and quality terms under an international sale contract.
- Defended a purchaser in claims concerning the sale and supply for cyclohexane in bulk.
- GAFTA arbitration appeal against award in favour of buyers for soybean sale and purchase agreements.
- Acting for an iron and steel conglomerate in a dispute concerning contracts of affreightment and agency agreements for the carriage and sale of iron ore.
- Assisting in the negotiation of various contracts of affreightment for an international chemical conglomerate.
- Acting for the producers of sunflower seeds in disputes concerning five separate international sale contracts.
General Commercial and Financial Disputes
- HK$700 million UNCITRAL arbitration under the 2015 HKIAC Procedures concerning a personal guarantee related to a convertible bond transaction.
- HK$220 Hong Kong court proceedings acting for a high-net-worth individual in disputes concerning personal guarantees related to a convertible bond transaction.
- US$50 million HKIAC administered arbitration acting for a high-net-worth individual in a dispute with a BVI investment company concerning a personal guarantee relating to a convertible bond transaction.
- £39 million London High Court proceedings acting for high-net-worth individuals in their professional negligence claim against a UK law firm arising from an M&A transaction.
- US$22 million London High Court proceedings acting for an international bank against a Singaporean investment vehicle and various individuals arising from a substantial fraud.
- US$15 million UNCITRAL arbitration under the 2015 HKIAC Procedures concerning a personal guarantee relating to a convertible bond transaction.
- US$3 million Hong Kong Court proceedings acting for an Egyptian motor dealer against a global motor conglomerate concerning an Egyptian arbitral award.
- US$1.5 million London High Court proceedings acting for a multi-asset exchange platform for forex trading against a Cypriot forex broker, two high-net-worth individuals and a trust company arising from a substantial fraud.
- US$500,000 London High Court professional negligence and legal cost recovery dispute acting for a shipowner in a claim against prior legal advisors.
- London High Court Norwich Pharmacal proceedings acting for an international bank against a foreign bank located in the UAE. The case set English legal precedent.
- Represented a high-net-worth individual in a complex claim for high-value shares in a family business.
- SIAC arbitration acting for an international football marketing agency arising from the sale and purchase of premier league football digital advertising space.
- Enforcement proceedings acting for an investment management vehicle under the Administration of Justice Act 1920.
Education
- Kaplan Law School, L.P.C.
- The College of Law, Graduate Diploma in Law
- London School of Economics, B.Sc.
Admissions
- England and Wales, 2014
Languages
- English
- Russian
- Georgian
- Recognised as a Key Lawyer by The Legal 500 UK 2023, with testimonial stating, “Senior associate Michael Davar really cares about his cases and clients. He is keen to identify all the points that might help them, and is always looking for an innovative angle.”
- Co-author, “Decommissioning Disputes – The Sustainability Gap,” The Journal of Sustainable Development Law and Policy, June 2023.
- Co-author, “Web3 and Beyond: Arbitration or Consumer Rights – The Victor Is…”, Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Kluwer Law International, 2023.
- Presenter, “Written Advocacy”, ICC YAAF and GIAC, GIAC Arbitration Days, Tbilisi, Georgia, 13 October 2022.
- Moderator, “Distributed Finance and Blockchain Technology – What Next? Part 2”, London, England, 27 September 2022.
- Speaker, Georgian Forum for Digital Transformation 2022, Web 3 Conference, ICT Cluster and Alte University, 6 July 2022.
- Panellist, Globalize GE’s EU Conference panellist, “Crypto Popularity VS Regulation Risks”, touching on smart contracts, crypto regulation and Web3, 11 June 2022.
- Speaker, Decommissioning Coffee and Contracts, Decom North Sea, London, 30 November 2021.
- Presenter, De-risking Decommissioning Projects, Decom North Sea, Virtual International Conference, 18 May 2021.
- Co-author, “International Arbitration – Shipping and Maritime: Outside Counsel Perspective”, International Commercial Arbitration Practice: 21st Century Perspectives, Lexis Nexis, 2020.
- Presenter, Getting an Edge: Starting a Career in Private Practice International Arbitration, GIAC Arbitration Days, Tbilisi, Georgia, 14 December 2020.
- Presenter, De-risking Decommissioning Projects Part 2, Decom North Sea, London, 26 November 2020.
- Co-author, “Recognition and Enforcement: Brussels v Arbitration”, The International Journal of Arbitration, Mediation and Dispute Management, August 2020.
- Co-author, “Decommissioning: Scope for Dispute”, The Regulation of Decommissioning, Abandonment and Reuse Initiatives in the Oil and Gas Industry: From Obligations to Opportunities, August 2020.
- Presenter, De-risking Decommissioning Projects Part 1, Decom North Sea, London, 26 May 2020.
- Presenter, “Tempering Evidence in the Era of Technology: Witness Statements in International Arbitration”, ICC YAF and ICDR Y&I joint, GIAC Arbitration Days, Tbilisi, Georgia, 11 October 2019.
- Presenter, “Bills of Ladings under Time and Voyage Charterparties” and “Safe Ports and Berths”, Cambridge Academy of Transport, London, 17 June 2019.
- Co-author, “Freight forwarders and the freight rule”, Shipping and Trade Law, June 2019.
- Co-author, “Choice of Law: A Fair Exchange”, Commercial Litigation Journal, August 2017.
- Co-author, “Overcoming the principle of ‘Reflective Loss’”, Finance Disputes and Regulatory Investigations Blog, November 2017.
- Author, “The Principle of Futility in Contractual Construction”, Commercial Litigation Journal, August 2017.
- Presenter, “Practical Lessons and Pitfalls in Charterparty Disputes,” Reliance Industries Limited, West of England Insurance Services (Luxembourg) S.A., London, 24 March 2017.
- Author, “Don’t Shoot Yourself in the Foot”, Shipping and Trade Law, March 2017.
- Co-author, “International Arbitration – Shipping and Maritime: Outside Counsel Perspective,” International Commercial Arbitration Practice: 21st Century Perspectives, Lexis Nexis, 2016.
- Co-author, “Decommissioning in the UK Continental Shelf: Decommissioning Security Disputes,” International Energy Law Review, September 2016.
- Co-author, “Decommissioning Disputes in the UK Continental Shelf,” Oil and Gas Decommissioning: Law, Policy and Comparative Practice, Global Law & Business, ed. 2, 2016.
- Co-author, “Decommissioning Security Disputes”, International Energy Law Review, September 2016.
- Co-Author, “Decommissioning Net Costs and Net Value Disputes”, Oil Voice, June 2016.
- Presenter, “Decommissioning Security Disputes,” “Decommissioning – the D Word – A Problem or a Big Opportunity?” The Geological Society, London, June 7, 2016.
- Co-author, “Decommissioning in the UK Continental Shelf: Net Costs and Net Value Disputes,” Oil Voice, June 2016.
- Co-author, “Decommissioning in the UK Continental Shelf: Decommissioning Security Disputes,” Platform-OilandGas Journal, February 2016.
- Author, “The Supreme Court Re-frames the Modern Law of Implied Terms,” Shipping and Trade Law Journal, December 2015.
- Co-author, “Is Positional Loss Recoverable,” Shipping and Trade Law Journal, October 2015.
- Co-author, “Decommissioning in the UK Continental Shelf: A Litigator’s Perspective,” Sweet & Maxwell, International Energy Law Review, September 2015.
- Co-author, “GAFTA Seller’s Truly ‘Golden Victory’: Supreme Court Reduces Damages from US$3 Million to US$5,” Lexology, August 2015.
- Co-author, “Decommissioning in the UK Continental Shelf: Delay Disputes,” Oil & Gas Monitor, July 2015.
- Author, “The Supreme Court Adopts a Literal Approach: Arnold v Britton and others [2015] UKCS 36,” Shipping and Trade Law Journal, July 2015.