Position

Recommended for his experience in commercial litigation and international commercial arbitration, particularly in energy-related matters. Areas of expertise include oil and gas contracts, share sale agreements/breach of warranty claims, jurisdiction and conflicts of laws, unjust enrichment, restitution, completion accounts, expert determinations and complex questions of contractual interpretation. Recent cases include (a) a case before the Court of Appeal on the question of whether a director or officer of a company who is outside the jurisdiction can be committed for his company’s contempt of Court; (b) an international commercial arbitration concerning issues of causation and quantum arising out of the breach of pre – emption rights under a shareholders’ agreement relating to a mobile phone company based in Nigeria; (c) an international commercial arbitration concerning the rights of a Russian deal-broker to commission arising from the sale of certain Nigerian oil & gas assets; (d) an international commercial arbitration concerning the proper interpretation of a BOT (Build Operate transfer) Contract relating to the reconstruction of an aluminium plant in Montenegro; (e) defending a Nigerian oil and gas company in Commercial Court proceedings against claims for commission based on a supposed oral contract and claims for quantum meruit totalling $200m; (f) successfully resisting a claim based on the supposed tort of malicious defence of civil proceedings brought against a defendant out of the jurisdiction; (g) assisting an expert forensic accountant in relation to legal issues arising in the context of a dispute over the form of completion accounts; (h) a Commercial Court trial in which the central issue was the proper classification (under and for the purposes of a JOA) of a well drilled in the North Sea. Recent reported cases include Dar Al Arkan Real Estate Development & a nor v Al Refai & ors: [2014] EWCA Civ 715; Energy Venture Partners Ltd v Malabu Oil and Gas [2013] EWHC 2118 (Comm); Ithaca Energy (UK) Ltd v North Sea Energy (UK) Ltd [2012] EWHC 1793; ING Bank NV v Ros Roca SA [2012] 1 WLR 472 CA; Bloomsbury International & Ors v Sea Fish Industry Authority [2010] 1 WLR 2117 (CA); CEP Holdings Ltd v Steni AS [2009] EWHC 2447 (QB); AI-Rawas v Pegasus Energy [2009] 1 All ER 346; Doughty Hanson v Roe [2008] 1VCLC 404 (Ch); ACP Capital v IFR Capital [2008] 2 Lloyd’s Rep 655; J&H Ritchie Ltd v Lloyd Ltd [2007] 1 WLR 670 (HL).

Education

Wellington College; University College, Oxford (1984 Greats [Lit Hum] First Class); City University (1985 Diploma in Law).

Mentions

London Bar

Commercial litigation

HALL OF FAME3

Charles Graham KC –One Essex Court ‘His ability to pick up even the most complex issue at a moment's notice is wonderful. He is also an advocate to be feared. He will take all the points necessary and no more, and this keeps him razor-like. He is a wonderful strategist but at the same time, he has the ability to be humble and ask the necessary questions. ’

London Bar

Energy

HALL OF FAME3

Charles Graham KC –One Essex Court ‘Charles' standout strengths are his attention to detail and piercing yet unfailingly respectful cross-examination.’

London Bar

International arbitration: counsel

HALL OF FAME3

Charles Graham KC –One Essex Court ‘Charles has outstanding team and client skills and a photographic memory, and provides a sensible and careful approach to tactical recommendations. He is clear in reasoning and logic.’