Ben Olbourne

Ben’s practice encompasses a wide range of general and specialist commercial matters, mostly with an international focus or within a multi-jurisdictional context, including in the fields of construction, company sale and purchase, agency, banking, joint ventures, shareholder disputes, insurance and reinsurance, energy (including renewables), sanctions, transport (maritime and aviation), oil and gas, and other resources.  

He is experienced in running matters that are subject to laws other than English law including those requiring working closely with foreign counsel and experts.  Many of his matters involve issues of conflicts of laws / private international law.  Many of his cases involve also allegations of fraud or misfeasance.  

He is reported in the leading directories to be skillful and forceful in cross-examination. He is a strong proponent of giving forthright and plain-speaking advice at all stages to assist his clients to get the best possible result. 

The majority of Ben’s recent work has been in private arbitrations.Further details of subject matter, seat, governing law, etc., can be provided on request.

Experience includes:

• acting for a Chinese SOE in ad hoc Singapore arbitration involving a claim under a parent company guarantee for performance by an Indian company of obligations under contract for the provision of power turbines. The case raises questions of jurisdiction, agency and authority, fraud/fabrication of agreements, and limitation (English/Indian law, Singapore seat)
• acting for Australian insurer in defence of claims under trade credit insurance policy involving issues of scope of coverage, material non-disclosure, and fraud (Singapore law, Singapore seat)
• acting for agent in claim for commission arising out of sale of West African oil and gas license (English law, English seat)
• acting for Vietnamese distributor in SIAC arbitral proceedings under agreements with US manufacturer of medical instruments involving issues of agency, interpretation, and quantum (English law, Singapore seat)
• advising a third-party funder on the merits of a potential SIAC arbitration claim against an insurer under an insolvency and default policy that gave rise to issues of coverage, fraud, misrepresentation, and material non-disclosure
• advising the Singapore HQ of a European bank on the construction of a repayment guarantee 
• advising an Indonesian purchaser under a SPA with European sellers as to indemnification in respect of tax liabilities
• appointed as Independent Adjudicator pursuant to Singapore administration to adjudicate on the value of claims filed by creditors against a Singaporean company
• advising individuals and entities on their ability to finance and maintain aviation assets after the introduction of the Ukraine-related Russia sanctions
• advising individuals and entitles on sale and purchase of aviation and maritime assets in light of Russia sanctions

Ben is regularly instructed principally as sole or lead counsel in international arbitrations in all types of construction disputes across many sectors including energy (e.g., power plants, pipelines, distribution facilities), infrastructure (e.g., roads, ports, mines, factories and storage facilities), and maritime (e.g., commercial and research vessels, rigs and platforms, FPSOs and similar, and recreational craft).  His experience covers strictly legal issues (e.g., construction of contracts, applicability of limitation provisions, identification of parties), professional negligence claims, technical/engineering disputes, compliance with international and national standards, claims for extensions of time, delay and LD claims, quantum disputes, and also related financial disputes such as claims under performance bonds and guarantees.  

Ben is typically involved in cases involving technical and factual disputes and in ‘document heavy’ matters.  He is familiar with the principal international construction contracts and with the different analytical methodologies typically used in delay and quantum disputes.  Many of Ben’s cases have involved claims brought by or against states and state-owned enterprises.

Notable matters include:

• acting for a Chinese SOE in ad hoc Singapore arbitration involving a claim under a parent company guarantee for performance by an Indian company of obligations under contract for the design, manufacture, and installation of power turbines 
• acting in London ICC dispute arising from claim of force majeure by power plant operator alleging inability to use fuel in its existing plant following changes in European and local environmental regulations
• acting for a European energy company in an ICC claim against a West African government for repudiation and/or breach of a contract for the construction and operation of a natural gas facility
• acting in Malaysian arbitration proceedings for the demise owner of a FPSO vessel in respect of claims for damage to sea-bed pipeline 
• acting in SIAC proceedings for a Chinese SOE seeking outstanding payments under a contract for the design, manufacture and supply of steam turbines for a project in India
• acting in ICC proceedings for the contractor under a contract for the design and installation of a beach to off-shore pipe line for natural gas in West Africa involving liability for capping, pollution damage, variations and purported repudiation.
• acting in SIAC proceedings for a party seeking indemnity from its joint-venture partner in respect of increased costs under a contract for the construction of an energy plant off-shore in Malaysia
• representing Korean shipyard defending a LCIA arbitration claim for repudiation by the buyer
• acting in ICC proceedings for the buyer against a Chinese shipyard for delay under and/or repudiation of a multi-vessel build contract 
• acting for Singaporean shipyard in US$35m dispute over design and construction of specialised science and research vessel

Ben has a well-established practice covering all areas of energy and resources work ranging from construction, extraction and processing, sale and purchase of businesses as well as energy commodities through to transportation and storage.  He has significant experience dealing with both the technical and contractual/commercial aspects of disputes in these areas including insurance, financing, securitization, and professional liability issues.  Further details of his sale and purchase and transportation work are included elsewhere (see “Trade and Commodities”, “Maritime”).

His experience includes:

• acting for a coal trader in a $50m ad hoc arbitration against a European energy company in respect of delivery of thermal coal from world-wide sources that raised issues of technical operation of coal-fired power stations, electricity generation, pollution abatement, and compliance with regulatory regimes
• acting for a European energy company in an ICC claim against a West African government for repudiation and/or breach of a contract for the construction and operation of a natural gas facility
• acting in ad hoc proceedings for a Chinese SOE in respect of claims under parent company guarantees issued in respect of owner’s payment obligations under a contract for the design, construction and installation of turbines in a power plant in India
• acting for the demise owner of a FPSO vessel in claims for unpaid hire and damage to pipelines as a result of inadequate mooring and anchor-dragging.
• acting in SIAC proceedings for a Chinese SOE seeking outstanding payments under a contract for the design, manufacture and supply of steam turbines for a project in India
• acting for the Indonesian affiliate of a Canadian oil company in ICC arbitration in respect of claims arising out of an on-shore oil drilling programme
• acting for manufacturer and supplier of wind turbines in respect of claims for physical damage following transport by sea from Asia to South America
• acting for the respondents in respect of claims for shares of proceeds under oil extraction, take-off, marketing and supply contracts in the Middle East
• acting in ICC proceedings for the contractor under a contract for the design and installation of a beach to off-shore pipe line for natural gas in West Africa involving liability for capping, pollution damage, variations and purported repudiation.
• acting in SIAC proceedings for a party seeking indemnity from its joint-venture partner in respect of increased costs under a contract for the construction of an energy plant off-shore in Malaysia

Ben regularly advises and acts for parties in relation to insurance disputes generally, across all of the typical issues including coverage, construction of policies, material non-disclosure, misrepresentation, breach of warranty and fraud.  He has been involved in many matters governed by Singapore law so is well aware of the differences between insurance principles and practices in England and other common law jurisdictions.  He has specific experience of insurance disputes within his principal areas of practice including construction projects, trade and commodities, and especially maritime.  Many of his recent cases have involved advising on and defending matters involving allegations of fraud, in particular in the context of trade credit and insolvency/default policies. 

Ben’s practice is principally as counsel in international arbitrations.  He typically acts as sole or lead counsel and generally works closely at all times with a team from his instructing solicitors.  His experience extends to arbitrations under many different governing laws (not just English law) and under a wide range of arbitral rules including ICC, SIAC, HKIAC, LMAA, SCMA, UNCITRAL, GAFTA and FOSFA.  He is regularly instructed in all aspects of international arbitral practice including preliminary hearings (e.g.,, on jurisdiction and admissibility), substantive hearings, ancillary matters (such as extensions of time, appointment and removal of arbitrations and taking/preservation of evidence), and third-party funding of arbitration claims.   He regularly lectures and teaches on topic of international arbitration law and practice.

Notable recent cases include:

• acting for a Chinese SOE in ad hoc Singapore arbitration involving a claim under a parent company guarantee for performance by an Indian company of obligations under contract for the design, manufacture and installation of power turbines.  The case raises questions of jurisdiction, agency and authority, fraud/fabrication of agreements, and limitation (English/Indian law, Singapore seat)
• acting for Vietnamese distributor in SIAC arbitral proceedings under agreements with US manufacturer of medical instruments involving issues of agency, interpretation, and quantum (English law, Singapore seat)
• acting in SIAC proceedings for an Australian insurer in defence of claims under trade credit insurance policy involving issues of scope of coverage, material non-disclosure, and fraud (Singapore law, Singapore seat)
• acting in London ICC dispute arising from claim of force majeure by power plant operator alleging inability to use fuel in its existing plant following changes in European and local environmental regulations
• acting in ICC proceedings for the Australian contractor under a contract for the design and installation of a beach to off-shore pipe line for natural gas in West Africa involving liability for capping, pollution damage, variations and purported repudiation.
• acting in London ICC proceedings for a Chinese SOE constructor in claims under a settlement agreement with Pakistani owner
• acting for the Indonesian affiliate of a Canadian oil company in ICC arbitration in respect of claims arising out of an on-shore oil drilling programme
• acting in London LMAA proceedings for charterer of vessel detained in Indonesian waters for 18 months
• acting in HKIAC arbitration for Chinese importer of iron fines against Indonesian seller
• acting for Indonesian coal supplier in SIAC arbitral proceedings following wrongful termination of contract by a global cement manufacturer

Ben has a well-established practice acting primarily for but also at times against mainland-Chinese and Hong Kong entities in arbitrations principally in Singapore, Hong Kong and London.  This work is particularly in the construction, commercial and trade/transport sectors.  He is routinely instructed directly by Chinese firms on behalf of Chinese clients including SOEs and is very experienced in meeting with Chinese clients directly and in leading evidence from and cross-examining Chinese witnesses.  Being based in Singapore, Ben is regularly in mainland China and Hong Kong and is otherwise in the same time-zone.

Recent and current instructions include:

• acting in Singapore ad hoc proceedings for a Chinese SOE in respect of claims under parent company guarantees issued in respect of owner’s payment obligations under a contract for the design, construction and installation of turbines in a power plant in India
• acting in SIAC proceedings for a Chinese SOE seeking outstanding payments under a contract for the design, manufacture and supply of steam turbines for a project in India
• acting for Chinese exporters in the English High Court in a follow-on damages claim subsequent to findings of cartel exploitation in relation to air freight services
• acting for a global trading house in arbitral proceedings with Chinese purchaser of palm oil under a multi-year multi-shipment sale and purchase agreement
• acting for HK company in SIAC proceedings against Chinese SOE arising out of sale of iron ore fines
• acting for Chinese importer of iron ore fines in HKIAC arbitration
• acting for Australian iron ore producer in Early Neutral Evaluation of $120m dispute with Chinese refinery
• acting in London ICC proceedings for a Chinese SOE constructor in claims under a settlement agreement with Pakistani owner
• acting in ICC proceedings for the buyer against a Chinese shipyard for delay under and/or repudiation of a multi-vessel build contract 
• acting for Chinese charterer in LMAA proceedings brought under 10-year bareboat charter and ship management agreement

Ben is regularly instructed in all aspects of dry maritime activity including:

• by owners, charterers, cargo interests, P&I clubs, other insurers, and financial institutions in respect of disputes under charterparties (time, voyage, bareboat, contracts of affreightment), bills of lading, letters of undertaking, and payment and security instruments (including letters of credit and performance guarantees)
• by service providers in the maritime sector (e.g., bunker providers, ship repairers, vessel managers and agents)
• in marine insurance and general average claims
• by yards, buyers, financial institutions, and other parties in respect of construction and conversion disputes, including claims for negligence, delay, repudiation and under security instruments
• by buyers and sellers under ship sale and purchase agreements
• in admiralty actions including arrest proceedings and exercise of liens and other rights over bunkers and cargo.

Significant matters include:

• representing Korean yard defending a LCIA arbitration claim for repudiation by the buyer
• acting in ICC proceedings for the buyer against a Chinese yard for delay under and/or repudiation of a multi-vessel build contract 
• acting for owner in SIAC proceedings in respect of claims arising out of provision of off-spec bunkers
• advising Singapore subsidiary of Japanese conglomerate in relation to bunker supply contracts world-wide
• acting for claimant ship owner in SIAC proceedings involving carriage of naptha from Iran to India in potential breach of sanctions and involving allegations of fraudulent switch bills of lading
• acting in Malaysian arbitration proceedings for the charterer of a vessel under a contract for transportation, towage and installation of anchoring and pipe-line mooring works 
• acting in SIAC proceedings for Indonesian bare-boat charterer of an off-shore supply vessel 
• acting in LMAA proceedings for charterer of vessel detained in Indonesian waters for 18 months
• acting for yacht owner in English High Court proceedings in respect of claim against insurers and brokers following rejection of claim for fire damage
• acting for Singaporean shipyard in US$35m dispute over design and construction of specialised science and research vessel
• acting for Chinese charterer in LMAA proceedings brought under 10-year bareboat charter and ship management agreement
• giving English law expert evidence in four Thai court proceedings on rights and obligations under charterparties

Ben is regularly instructed by sellers, buyers, insurers, financial institutions and others in respect of international contacts on FOB, CIF, DES and other terms in respect of all types of commodities including oil and gas, steel, ore, coal, cement, grains and rice, edible oils, other food stuffs, and chemicals.  His work also includes disputes under payment mechanisms (e.g., letters of credit), security instruments (e.g., payment guarantees), and insurance cover (e.g., trade credit and/or insolvency and default insurance).  Many of his recent cases have involved dealing with allegations of fraud and sham transactions and with the impact of sanctions.  He is familiar with most of the standard-form contracts and has acted in matters under the specialised rules of GAFTA, FOSFA, RSA, and LME among others.

His recent experience includes:

• acting for European thermal coal trader in LCIA arbitral proceedings for $US50m claims against leading European energy company for non-payment and repudiation involving allegations of fraud, misrepresentation, supply of off-spec goods, force majeure, and repudiation
• successfully defending claims brought against a trade credit insurer in SIAC arbitral proceedings for alleged losses under tin ingot supply contracts that involved allegations of fraud, sham bills of lading and other shipping documents, and non-performance of contracts of sale and carriage
• advising a Middle-Eastern smelter and producer in respect of supply of off-spec antimony
• acting for Indonesian coal supplier in SIAC arbitral proceedings following wrongful termination of contract by a global cement manufacturer
• acting for a global trading house in arbitral proceedings with Chinese purchaser of palm oil under a multi-year multi-shipment sale and purchase agreement
• acting for Australian iron ore producer in Early Neutral Evaluation of $120m dispute with Chinese refinery
• acting for a Singaporean buyer in SIAC proceedings against a UAE company arising out a long-term COA for the supply of blast furnace pellet feed
• acting in a LCIA arbitration claim arising out of repudiation of steel scrap contract
• acting for HK company in SIAC proceedings against Chinese SOE arising out of sale of iron ore fines
• acting for Indian grain importing company in fast-track SIAC proceedings
• acting for Chinese importer of iron ore fines in HKIAC arbitration

Alongside his practice in commercial arbitration, Ben has accepted appointments as arbitrator in international commercial disputes since 2010 across all of his areas of practice.  He has been appointed as sole arbitrator or as a member of a panel (both as chair and wing) on more than 40 occasions by both parties and arbitral institutions.  He has been appointed and has determined matters as an emergency arbitrator.

As arbitrator, he has conducted arbitrations under the rules of most of the leading international institutions (including the ICC, SIAC, LCIA, LMAA, SCMA, IAIC), national institutions (including the Moscow Chamber of Commerce and the Vietnam International Arbitration Centre), and ad hoc rules (including the UNCITRAL Arbitration Rules).  Seats have included Singapore, London, Hong Kong, Kuala Lumpur, Hyderabad, Delhi, Paris, Moscow, Perth and Ho Chi Minh.  Governing laws have included English, Singaporean, Indian, Russian, Cypriot, Chinese, Hong Kong, Australian, Malaysian, and Vietnamese.

Appointments include:

• chair under LCIA Rules in dispute arising under agreement for the design and installation of rolling mills (Indian law, Delhi seat)
• party-appointed arbitrator under VIAC Rules in claim for negligence by auditors in preparing annual financial statement and failure to detect fraud (Ho Chi Minh Seat, English law) 
• party-appointed arbitrator under LCIA Rules in dispute concerning tax liabilities following sale of hotel in Thailand (Singapore seat, English law)
• party-appointed arbitrator under SCMA Rules arising out of alleged repudiation of charterparty for the carriage of palm oil from Indonesia to Iran (Singapore seat, English law, Chinese and Singaporean parties)
• party-appointed arbitrator under Rules of Arbitration of International Commercial Disputes of Russian Chamber of Commerce in dispute arising out of property sales backed by loan instruments (Moscow seat, Russian law)
• sole arbitrator under LCIA Rules in respect of a claim for damage and loss due to unsatisfactory warehousing of consumer goods in Indonesia (London seat, English law) 
• sole arbitrator under SIAC Rules in three consolidated references arising out of contracts for sale and delivery of Chinese steel to Indonesia involving claims of frustration, variation, and repudiation (Singapore seat, Singapore law)
• sole arbitrator under ICC Rules in price-variation claim between contractor and Indian PSU under contract for the construction of a blast furnace (Hyderabad seat, Indian law)
• sole arbitrator under ICC Rules in claim for unpaid agency fees under a contract to assist procurement and performance of shipping contracts (Singapore seat, English law)
• sole arbitrator under AIAC Rules in respect of late delivery of a vessel under a charterparty (English law, Kuala Lumpur seat)
• sole arbitrator under LCIA Rules in dispute over outstanding fees under a consultancy agreement in respect of the laying of deep-sea gas pipelines (London seat, English law)