Alistair Schaff

Barrister and Arbitrator specialising in all aspects of international commercial law, including international arbitration (in the UK and abroad, both as advocate and arbitrator), insurance and reinsurance, conflict of laws/jurisdiction disputes, shipping, international sale of goods, oil disputes, professional and commercial negligence. He was named the Chambers Bar Awards Insurance Silk of the Year for 2009 and has been regularly shortlisted ever since. He was named the Legal 500 Awards Shipping Silk of the Year for 2015 and the Chambers Bar Awards Shipping Silk of the Year for 2018.

Significant cases as a barrister include: Equitas v Municipal Mutual [2019] EWCA Civ 718 - the application of principles of good faith to a claim under a reinsurance in respect of mesothelioma liabilities; Atlas Navios v Navigators [2018] UKSC 26 – a war risks insurance case in which a vessel was detained when cocaine was discovered strapped to her hull; Clarks v In Focus [2014] EWCA Civ 118 – a financial services case in which res judicata principles precluded subsequent court proceedings for claims in excess of the maximum amount awardable under the FOS jurisdiction; Helmot v Simon [2012] UKPC 5 – a personal injury case upholding the use of a negative discount rate for lump sum awards of damages; Standard Life v Ace [2012] EWHC 104 (Comm), [2012] EWCA Civ 1713 – a pension fund mis-selling case involving a claim for ‘mitigation costs’ under a professional liability policy; Aioi v Heraldglen [2013] EWHC 154 (Comm) – a reinsurance case involving ‘9/11 – one event or two?’; Wasa v Lexington [2009] UKHL 40 – a leading House of Lords case on the nature/scope of ‘back to back’ reinsurance. In addition, he has been involved in countless high-profile international arbitration disputes ranging from Middle East oil concessions, South American political risks and pharmaceutical liabilities to Far Eastern hotels damaged by the Tsunami and banking fraud. Currently involved in Covid-19 insurance and reinsurance disputes.

As an arbitrator, he is regularly appointed in all manner of international commercial arbitrations, both institutional (ICC, UNCITRAL and LCIA) and otherwise, and as sole or party-appointed arbitrator or chair. He has considerable experience as an arbitrator not merely in insurance and shipping matters but in commercial disputes more generally. Recent appointments as arbitrator include disputes relating to alleged banking fraud, bribery in relation to large commercial contracts, product liability, gas pricing, oil pollution and the transfer of shares, as well as insurance and shipping disputes by the dozen.

Cambridge University (MA).