Francis Hornyold-Strickland
Barrister, International Arbitration and Commercial Litigation.
Francis has a broad commercial and international arbitration practice, with a particular emphasis on international arbitration, shipping, and commodities disputes. He is regularly sought after for advice on particularly complex cases and has a thriving advocacy practice both in the English High Court and overseas. He is also increasingly asked to act as an expert witness. Francis is co-author, with Professor Charles Debattista, of the practitioner text Debattista on Bills of Lading in Commodities Trade and the lead author of the website Strickland’s Shipping Guide.
Francis acts in a wide range of commercial disputes, both as sole and led counsel, in High Court litigation, ad hoc and institutional arbitrations. He is familiar with all major international arbitration rules including the: LCIA, DIAC, DIFC-LCIA, ICC, UNCITRAL, SIAC, HKIAC, the Swiss Arbitration Rules, and LMAA rules. Francis is also a registered practitioner in the DIFC Courts in Dubai and the ADGM Courts in Abu Dhabi, where he appears regularly including, most recently, in a US$160,000,000 anti-suit injunction in the ADGM Court of First Instance.
Prior to joining Monckton Chambers Francis practised for three years as an associate in the world-leading international arbitration practice at WilmerHale, where he worked on a range of high value, complex commercial arbitrations alongside some of the world’s top international arbitration practitioners, including Franz Schwarz and Gary Born.
Notable cases in the last few years include:
In June 2022 Francis acted as sole counsel, successfully representing his client in a US$15million commodities arbitration, subject to the DIFC-LCIA Rules in Dubai. The win resulted in Francis’ client being repaid an advance of AED6,150,000 and defending an US$11,000,000 counterclaim. The case concerned a sale contract for the sale and purchase of 20,000 MT of gasoil and 20,000 MT of gasoline. Legal issues included: (a) whether a “guarantee cheque” is a see-to-it guarantee or a demand bond (or akin to either); (b) complicated factual questions concerning formation of contract and the “battle of the forms”/ “last shot” doctrine; (c) breach of agency agreement; (d) fraudulent misstatements on bills of lading; (e) anticipatory breach and renunciation of contract. Jan 2021 – June 2022. Instructing Solicitors: HFW Dubai and Armour Consultants.
Francis advised a Dubai-based “confirming bank” whether it was obliged to pay out under three standby letters of credit, totalling US$9.3million. The underlying contracts were between Irish companies and sanctioned Russian entities (in the wake of Russia’s invasion of Ukraine) relating to lease agreements for three Airbus aircraft. The case concerned whether US export controls made the performance of those lease agreements illegal and, if so, whether the English Courts should apply the provisions of US law to standby letters of credit governed by English law. In other words, did US export provisions constitute mandatory foreign law, for the purposes of Article 9 (Rome I), and/or was it illegal in the place of performance to perform the SBLCs (Ralli Bros/Foster v Driscoll). Value. US$9.3million. Instructing Solicitors: Clyde & Co. June 2022.
Advising on whether it was lawful for a buyer to terminate a US$10million GAFTA sale contract for the sale and purchase of grain that had been loaded onto a vessel in Odessa, in circumstances where the vessel could not be fumigated and nor bills of lading issued, due to the ongoing conflict with Russia. Instructing Solicitors: True North. May 2022.
In March 2022, Francis was led by Elizabeth Blackburn QC in the defence of a US$160,000,000 anti-suit injunction in the ADGM Courts in Abu Dhabi. The case involved complex conflict of laws issues, including the inter-relationship between ADGM law, Abu Dhabi law, and UAE judicial law. Instructing Solicitors. HFW Dubai.
Sole counsel in a charter-party hire dispute relating to whether laytime continued to run during a period when the Archangelsk harbour master had ordered all vessels from their berths to avoid impending ice flows on the river Dvina. May 2021 – present. Instructing Solicitors: Armour Consultants.
Kelleher v Woodbrook Group Holdings Limited CFI-038-2021. In September 2021, Francis successfully represented the claimant in the DIFC Court of First Instance in Dubai. The claimant recovered his 95% shareholding in the wealth management company he had sold to Woodbrook Group Holdings Limited the latter of whom had failed to pay due consideration under the contract. The case involved questions concerning rescission for fraudulent, alternatively negligent misrepresentation, termination, and damages. Value: US$4.5million. Instructing Solicitors: James Berry & Associates.
Black Sea Commodities v Lemarc [2021] EWHC 287 (Comm). In March 2021, Francis represented the respondent in a challenge to two arbitration awards in a commodities dispute under the GAFTA arbitration rules. The claimant sought to challenge the awards under s.67 of the Arbitration Act 1996 on the basis that the tribunal had no jurisdiction. The case raised complex question of: (a) contract formation; (b) variation of terms; (c) incorporation of arbitration clauses. Instructing Solicitors: Clyde & Co LLP.
In 2021, Francis was instructed as sole counsel for the respondent in a multi-million-dollar oil & gas LCIA international arbitration, concerning the sale and purchase of an oil block in Pakistan. The case involved the inter-relationship between provisions in historic pre-existing arbitration legislation in Pakistan (the Arbitration Act 1940) and a new statute in Pakistan bringing the New York Convention into force ((The Arbitration Agreements and Foreign Arbitral Awards) Act, 2011). This analysis had a direct impact on whether the claimant had already submitted to the jurisdiction of the Pakistani Courts before bringing its LCIA references. The case also involved complex jurisdictional questions in England regarding the seat of the arbitration and the governing law of the arbitration agreements, in light of the recent Supreme Court authority Enka v Chubb. Jan – June 2021. Instructing Solicitors: Reynolds Porter Chamberlain.
In spring-summer 2021, Francis acted as sole counsel for the claimant in a multi-million dollar joint venture wind farm ad hoc international arbitration, between Danish and Irish companies. The case concerned whether an employee of the respondent could be bound to work solely for the JV during his employment or whether any contractual provision to that effect constituted a restraint of trade. It also concerned complex questions relating to whether in fact the contract purported to bind the respondent to ensure that the employee did work for the JV. The case was notable for having an incredibly tight timeframe in which the arbitration had be completed (3 months). March-July 2021. Instructing Solicitors: Norton Rose Fulbright.
Francis acted on a charterparty dispute concerning a vessel in the northern Russian port of Archangelsk. While loading, the vessel was ordered from her berth as a safety precaution to avoid being damaged by annual ice flows passing through the river Dvina. The case concerned whether that suspended laytime on the grounds that the days in question did not constitute “weather working days”. November 2021. Armour Consultants.
In November 2021 Francis acted as sole counsel in a charterparty dispute concerning Additional War Risks Premium for ordering the vessel into the Persian Gulf. The dispute concerned whether owners were under a duty to obtain market rates before passing the cost to charterers and, if so, whether there was an available market rate. The dispute relied on expert evidence from experienced AWRP brokers in the London insurance market.
In September 2021, Francis was led by Vasanti Selvaratnam QC in a salvage dispute concerning an oil tanker which lost power and drifted onto a UNESCO world heritage site coral reef, before grounding and leaking oil. The dispute concerned the correct sums owed to salvors. Instructing Solicitors: HFW Singapore.
In 2020, Francis acted on behalf of a joint venture partner (and their wholly-owned company) against other joint venturers and related companies for: (1) fraudulent breach of common intention constructive trusts; (2) fraudulent breach of a Quistclose trust; and (3) proprietary estoppel. The case involves questions of limitation, including the statutory exemptions for fraudulent breach of trust under s.21 of the Limitation Act 1980. Value: c.£2.5million. (2020).
Treefrog v (1) John Gillespie (2) Giorgio Vallesi. Francis acted as sole counsel in DIFC Court litigation concerning a failed joint venture, governed by English law. The case involved questions of the validity of loan deeds, constructive, resulting and Quistclose trusts, and unjust enrichment. Value: AED1,010,000. Instructing Solicitors: James Berry & Associates
