Phillip Aliker

Phillip Aliker has a well-established and busy international practice as counsel,  international arbitrator and mediator.

Notable Cases as International Arbitrator

Commodity Sale, Insurance & Guarantee: Panel arbitrator under the Rules of the London Court of International Arbitration in a claim by European broker against Asian guarantor for purchase price under deed of guarantee (USD21,000,000) [2020].

Banking Facility: Sole arbitrator in ad hoc arbitral proceedings by Commercial Bank against African Local Government for repayment of secured loan said to be unenforceable on grounds of alleged non-compliance with the Constitution, statutes and regulations (USD45,000,000) [2018-2020].

Contract: Sole arbitrator in ad hoc arbitral proceedings in a claim by security company against African Government on unpaid invoices for security services (USD 500,000) [2017].

Contract: Sole arbitrator under the Rules of the London Court of International Arbitration in a claim by UK entity against UK partners for damages for breach of contract concerning the provision of international educational services (GBP 300,000) [2017].

Shipping: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by Asian manufacturer against African State entity buyer for demurrage and arising out of buyer’s failure to open letters of credit and to take delivery of consignments of cement clinker (USD 1,000,000) [2015].

Construction: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by African contractor against international conglomerate employer for payment for contractual variations to quayside cargo development under a construction contract (USD 10,000,000) [2014 -2017].

Commercial Loan/Mining: Panel arbitrator under the Rules of the London Court of International Arbitration in a claim by Russian investor against Central Asian State entity for repayment of a loan to finance gold mining concession (USD 1,000,000) [2014].

Notable Cases as Counsel in Arbitration

Shipping: Acting for West African Charterer (BIMCO Supplytime 2017) claim in arbitration under the LMAA Terms 2017 (USD5,000,000) [2020].

Investor State/Mining & Manufacturing: Acting for West African investor against State in respect of contractual and treaty claims under the ECOWAS Supplementary Act and UNCITRAL Rules (USD50,000,000) [2020].

Energy: Acting for East African Engineering entity in claims in arbitration under the ICC Rules against Asian State entity for commission payment for successfully procured power project contracts (USDS6,000,000) [2019].

Commission Agency: Acting for African agent in claim under the ICC Rules for commission payable on acceptance of tender (USD1,000,000) [2019].

Property Development: Advising and acting for client shareholders in Mauritian registered companies in a trilogy of LCIA arbitrations arising out of East African new town property development project against majority shareholders [2017].

Structured Finance: Acting for two Russian Respondents (representing 17 Respondents in all) in an LCIA arbitration seeking an anti-suit injunction from the arbitral tribunal against three Claimants to prevent pursuing parallel Cyprus court proceedings in breach of an arbitration agreement.  Dispute related to proceedings for the enforcement of a Put Option concerning the transfer of shares as security in a Russian FMCG business (USD 147,000,000) [2016].

Executive Compensation: Acting for Russian Respondent corporation seeking security for costs in LCIA arbitration in respect of a claim brought by senior executive for alleged breach of contract in relation to the exercise of executive compensation share options (USD 2,000,000) [2016].

Executive Compensation: Advising Board of Directors of African Commercial Bank in relation to its prospects of success in ICC arbitration in London in light of adverse judgments wrongly obtained against the Bank (on grounds of municipal policy law exceptions) in two separate West African jurisdictions in breach of an English arbitration agreement complicated by the refusal of the English High Court and Court of Appeal to issue an anti-suit injunction for reasons of delay [2016].

Investor State/Gaming: Advising state in ICSID proceedings for alleged expropriation of gaming business by refusing gaming licences complicated by concerns of perceived asymmetrical power abuse amidst allegations of corruption and bribery of state officials (USD200,000,000) [2015].

Oil & Gas: Advising claimant domiciled in African state subject to UN, EU and US sanctions for the enforcement of a commission agency contract on sale and purchase of an oil block to Chinese (Hong Kong) company in LCIA Arbitration (USD 2,500,000) [2014].

Oil & Gas: Advising US Oil & Gas Corporation operating in Asia in respect of shareholder rights linked to JOA and PSA in LCIA Arbitration (USD 100,000,000) [2014].

Investor State/Oil & Gas: Advising African Government as to its amenability to anti-suit injunction in the Commercial Court in England to restrain domestic proceedings in the face of a valid UNCITRAL arbitration agreement asserted by the Government not to apply by reason of national public policy exclusion (USD 400,000,000) [2014].

Telecommunications: Acting for African based telecommunications company in arbitral proceedings in New York by Asian satcoms service provided conducted under AAA Commercial Arbitration Rules (USD 4,000,000) [2013].