William Godwin (Associate Member)
Call 1986 (Middle Temple)
Qualifications BA (First Class) University College London; B Phil; D Phil Oriel College, Oxford.
Benefactors senior law scholar, Middle Temple
Professional Memberships Arbitration panel member of the China International Economic and Trade Arbitration Commission and the Dubai International Arbitration Centre, a panel adjudicator of the Technology and Construction Bar Association and a lecturer at City University and at the School of Oriental and African Studies (London University).
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Areas of Practice
Described as an ‘outstanding advocate’ and a leader in general commercial and insurance international arbitration in Chambers UK Directory, William acts in disputes across a wide range of sectors in both arbitration and litigation.
General Commercial
Cases include acting and advising in complex interrelated proceedings in several jurisdictions concerning Russian parties and covering cross border tracing claims, trusts, partnerships and joint ventures; advising a major US investment group on challenges to default notices served under a USD 90m finance agreement relating to a major commercial property development in Shanghai; advising on lessee defaults and notice provisions under Russian aircraft lease agreements; advising Malaysian clients on joint venture and supply agreements relating to import and export of cars into and from the UK.
Sale Contracts
Sale contracts generally, including commodities. Cases include acting for two Bosnian corporations in successfully setting aside a multimillion dollar Commercial Court judgment in a claim by Sinochem under an on-sale of Iranian crude oil; and for Indian buyers of breeding poultry from US sellers under a sales right agreement in challenge proceedings to an ICC award raising issues of US state and federal law, New York Convention issues and co-ordination of US and London proceedings.
Insurance
Appearing for the policy-holder accountants against insurers in the landmark decision in HLB Kidsons v Lloyds Underwriters and Others [2009] Lloyds Rep IR 8 (CA) (notification provisions in standard form professional indemnity policies). Other cases include acting for developers in claims against insurers and contractors following total collapse of docklands development ; advising insurers defending property damage claims against dredging contractors; advising insurers on subrogation issues in major fire claim and advising insurers on contractors all risks policy coverage.
Professional Negligence
Wide experience of professional negligence claims, including claims involving solicitors, insurance brokers and accountants and claims involving architects, engineers and other construction industry professionals.
Banking
Especially letters of credit, bonds and guarantees. Cases include acting for privatised Russian shipping corporation defending multimillion dollar UNICTRAL arbitration claims by major European bank on parent company guarantee raising Russian and English company law issues; advising Nigerian distributors of Kodak film on injunction proceedings in relation to an on-demand bond; advising Singapore pulp mill owners on a performance bond concerning a major plant development in Thailand; and advising on calls under performance securities in connection with a major project in Africa.
Freezing Orders and Civil Fraud
Freezing order applications in a range of commercial cases, often involving fraud.
International Projects
Cases include acting for one of India’s largest conglomerates in a London ICC arbitration concerning an EPC project for a process plant in Europe; acting for a subsidiary in a substantial High Court claim arising from agency agreements for procurement to petrochemical projects in China and Nigeria; and acting in connection with two substantial projects in Africa and Middle East. Speaker and panel chair at the first FIDIC Asia Pacific contract users’ conference (Hong Kong June 2009); speaker at FIDIC London conference (December 2009);first FIDIC Middle East contract users’ conference (Abu Dhabi February 2010); invited speaker at 2nd FIDIC Asia pacific conference (Beijing June 2010).
Engineering and Construction
Wide experience of engineering and construction disputes covering design, construction and administration matters of all kinds including liability of engineers, architects and others; loss and expense claims, delay analysis, geotechnical cases, sub-contractors, suppliers and certificates.
Shipbuilding and Offshore
Substantial experience of shipbuilding projects and offshore installations, including advising US marine engineers in an arbitration concerning an oil platform in the Indian Ocean and assisting in a subsequent successful mediation; acting for a Philippine ship repair yard in a multimillion dollar arbitration claim by shipowners/insurers for total loss of an LPG tanker undergoing hotwork repairs; acting for Korean shipbuilders in injunction proceedings arising from disputes about delivery and payment of price; and acting for a major UK shipyard defending large arbitration claims concerning newbuild defects, change orders and MOUs.
Shipping
Cargo claims, letters of indemnity, bills of lading and charterparty disputes including oil major approvals, hire, speed and consumption and wrongful withdrawal claims.
Arbitration
Substantial experience of institutional and ad hoc commercial and technical arbitrations and related applications, challenges and appeals. Cases include a number of important arbitration law decisions: LG Caltex Gas Co and Contigroup Companies v China National Petroleum Corporation and China Petroleum Technology Development Corporation [2001] BLR 235 (effect of s 67 Arbitration Act 1996); North Range Shipping Ltd v Seatrans Shipping Corp (The Western Triumph) [2002] 2 Lloyd’s Rep 1 (CA applying Human Rights Act 1998 to leave to appeal applications under s 69 Arbitration Act 1996; Antaios held no longer to apply); Peterson Farms Inc v C&M Farming Ltd [2004] 1 Lloyd’s Rep 614 (first reported decision on power under s 70(7) Arbitration Act 1996 to secure award pending appeal or challenge; guidelines).
