Professor Edwin Peel
Arbitrator
Call 2014
Recognised as one of the leading authorities on contract law, Professor Edwin Peel is a full-time arbitrator whose experience includes LCIA, ICC and LMAA arbitrations. Having regularly appeared before the Court of Appeal and Supreme Court in some of the leading cases in litigation, as well as internationally in matters before the Eastern Caribbean Court of Appeal and the High Court of Antigua, he continues to act as an expert witness on English law in international proceedings including appearing in the United States, Canada, Spain and Portugal.
With a particular expertise in contract law and private international law, Professor Peel’s experience covers disputes in many of the principal industry sectors including banking and finance, construction and engineering, energy and resources, professional services, and shipping and commodities.
He remains a Visiting Professor in the Oxford University Law Faculty, where he was a full-time Professor for over 30 years, and has written or edited numerous books, including Treitel on the Law of Contract (five editions) and Frustration and Force Majeure (4th edition). His work on Treitel over the last twenty years makes him one of the leading choices for advice in relation to points of law arising on appeals in contractual disputes.
-
Examples of Recent Cases
-
Arbitration
- Ad hoc arbitration (subject to LMAA rules) in relation to claims arising from the sale of a consignment of pig iron.
- LCIA Arbitration in relation to claims arising from an agreement for the sale and purchase of alumina.
- Ad hoc arbitration (subject to LMAA rules) in relation to liability for VAT on the sale and purchase of a yacht.
- ICC arbitration in a claim to establish the enforceability of a termination agreement, purporting to terminate a long-term agreement for the supply of iron ore pellet feed.
- LCIA arbitration in relation to the payment of deferred consideration under a Share Sale Agreement entered into for the acquisition of a company operating in oil and gas.
-
Appellate and Supreme Court Work
- Stanford International Bank v Proskauer Rose LLP
For Proskauer Rose LLP in the Eastern Caribbean Court of Appeal and the High Court of Antigua in Proskauer’s successful challenge to jurisdiction. The appeal arose out of a c. $1 billion claim brought by the liquidators of Stanford International Bank for alleged breach of duty in failing to detect and report a Ponzi scheme. - Cavendish Square Holding BV v Makdessi
For Cavendish Square Holdings in an appeal to the Supreme Court. The appeal concerned the enforceability of agreed remedies in a Share Purchase Agreement which had been challenged under the rule against penalties. - Tiuta International Ltd v De Villiers
For Tiuta in the Supreme Court in a case concerning the correct approach to the assessment of damages in claims for negligence against valuers where the loan that the lender is induced to make is used to refinance a pre-existing loan. - Morris-Garner v One Step (Support) Ltd
For One Step in an appeal to the Supreme Court which addressed the recovery of ‘negotiating damages’ for breach of restrictive covenants following the sale of a business.
- Stanford International Bank v Proskauer Rose LLP
-
Expert Witness
- In the US District Court for New York in relation to the enforceability in England of US class action judgments, the jurisdiction of the English courts, liability fort misrepresentation and liability for misstatement under the Financial Services and Markets Act 2000.
- In the US District Court for Delaware in relation to the interpretation of a patent licence.
- In the US District Court for New York in relation to the defence of ultra vires.
- In the Canadian courts in relation to the doctrine of privity in the context of a tax dispute.
- In the Spanish courts in relation to the defence of frustration and force majeure.
-