Essex Court Chambers

Ricky Diwan QC specialises in international commercial and investment arbitration and related court applications under a wide variety of laws, both in London and abroad, and spanning a wide array of subject matters including joint ventures, manufacturing equipment and processes, military equipment, mining, oil and gas, pharmaceuticals, power supply, production sharing agreements, telecommunications. He also regularly sits as arbitrator in international arbitration. He co-drafted the Mauritian International Arbitration Act 2008, advised on the LCIA-MIAC arbitration rules and is a senior lecturer in international commercial arbitration at King’s College, London. Recent court applications include: Y v S [2015] EWHC 612 (application for recognition and enforcement of an arbitral award under section 66 of the Arbitration Act 1996 raising issues of interpretation of CPR 62.18 in the context of the New York Convention and related issues as to the court’s powers to order security); Wilson v Assaubayevs [2014] EWCA Civ 1491 (raising issues as to the scope of the doctrine of arbitrability and the case management of arbitrable and non arbitrable claims under section 9 of the Arbitration Act 1996); Travis Coal Restructured Holdings LLC v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (a New York Convention case raising issues of New York law and the circumstances in which it was appropriate to grant security); Polski Koncern v Yukos International [2013] Folio 736 (Comm) (being a successful application on paper pursuant to O8.8 of the Commercial Court Guide applying on paper to dismiss an application under section 68 of the Arbitration Act 1996; Assaubayevs v Wilson [2012] EWHC 350 (Comm) (being a successful application for anti-arbitration injunctive relief under the court’s inherent jurisdiction); Dowans Holding SA & Dowans Tanzania Ltd v Tanzania Electric Supply Co Ltd [2011] 2 Lloyd’s Rep 475 and 2012 [EWHC] 350 (Comm) (a New York Convention case raising issues as the meaning of the term ‘binding’ and security issues). Recent arbitrations include: a dispute under the ICC Rules acting for a Caribbean government in a substantial joint venture dispute with a South American aluminium company relating to the establishment of an aluminium smelter; a dispute under the UNCITRAL Rules on behalf of a mining company in its dispute against an African government relating to production sharing agreement including the application of a stabilisation clause; a dispute under the ICC Rules relating to the supply of high tech engineering equipment; a dispute under the LCIA Rules governed by New York law on behalf of a mobile telecom operator.

Called 1998.

COMBAR; LCIA.

Trinity College, Cambridge (BA; MA Hons Law first class); Harvard Law School (LLM).