Phillip Aliker

Year of call 1990

Instructing Phillip
For further information or to instruct Phillip please contact one of our following clerks:

Gary Collins
Practice Managers

+44 (0) 20 7421 5300
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  • World Arbitration Reporter 2nd Edition. Uganda. Mistelis & Shore. Juris Publishing Incorporated 2023.
  • International Council for Commercial Arbitration Handbook. Uganda Chapter, 2022.
  • World Arbitration Reporter 2nd edition. Uganda National Report. Juris Publishing Inc (2020)
  • Third Parties in International Commercial Arbitration: Arbitration Int. 29(3), 543-547 (2013)
  • World Arbitration Reporter 2nd edition. Uganda National Report. Juris Publishing Inc (2010)
  • Contribution: Service Charges & Management: Law & Practice: 2nd edition – Tanfield Chambers. London. Tompson Reuters. Sweet & Maxwell (2009)
  • Contribution: Freezing & Search Orders. 4th Edition Lloyds Commercial Law Library (2006)
  • Contribution: Service Charges & Management: Practice & Procedure – Tanfield Chambers. London. Tompson. Sweet & Maxwell (2005)
  • Handle With Care – Property Law Journal – volume 15 (2009)
  • A Balancing Act – The New Law Journal – volume 156 (2006)
  • Party Walls & Arbitration – The New Law Journal – volume 155 (2005)
  • Chartered Arbitrator
  • FCIArb
  • DIP ICA (London)
  • BA (Vanderbilt)
  • LLB (Hons) (Leeds)
  • United Nations Commission on International Trade Law (“UNCITRAL”) Working Group II
  • UNCITRAL Working Group III
  • International Council for Commercial Arbitration UNCITRAL WG III Watch Group
  • London Court of International Arbitration
  • Chancery Bar Association
  • Chartered Institute of Arbitrators Kenya Branch
  • Chartered Institute of Arbitrators
  • COMBAR Africa Committee
  • Commercial Bar Association
  • East African Law Society
  • International Bar Association
  • Uganda Law Society
  • The Worshipful Company of Arbitrators
  • English
  • Kiswahili

Barrister, Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators specialist in international commercial contractual and investment disputes particularly in arbitration including disputes arising out of the manufacture, sale, supply and distribution of equipment, commodities, oil and gas exploration (development and production sharing), shareholder agreements and joint ventures, concession and extraction agreements, banking and finance, telecommunications and enforcement of judgments. Acts for and against corporations, states and state entities.

Extensive experience advising clients in arbitration under a wide variety of arbitration rules including the institutional rules of AAA, ICC, UNCITRAL, LCIA, Chartered Institute of Arbitrators, ECOWAS, EDF, SADC and ICSID Treaty claims. Experienced arbitrator sitting alone and on panel ad hoc and under LCIA Rules, Rules of the Chartered Institute of Arbitrators and ICC Rules.

Special adviser to Uganda on Investor State Dispute Settlement; accredited by Uganda to UNCITRAL Working Groups II and III (2017-Present).

Diploma in International Commercial & Comparative International Arbitration from the School of International Arbitration, Queen Mary, University of London and Diploma in International Construction Contracts, Université Paris-Panthéon-Assas (Paris 2).

BA, Vanderbilt University and LLB (Hons) University of Leeds

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].

Areas of expertise

  • State Entity/Energy: Acting for East African based international engineer in claims against Asian state entity in arbitration under the ICC Rules in Singapore (USD6,000,000).
  • 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 where client shareholders (as a minority) sought to exit from SPV Mauritian ultimate holding company for reasons of unfair prejudice (USD 500,000,000);
  • Minority shareholders (owning 30% of shares in SPV “upstream” Mauritian holding company) in dispute with client shareholders (as a majority) as to the agreed proportions of their respective shareholdings in the upstream JV SPV (USD 250,000,000) and
  • Majority shareholders which had alleged fraudulent representation against the client shareholders and other shareholders (together as a combined minority) in relation to the financing and structure of the SPV Mauritian ultimate holding company (USD 10,000,000).
  • Structured Finance: acting for two Russian Respondents (representing 17 Respondents in all) in an LCIA arbitration seeking an anti-suit injunction against three Claimants to prevent pursuit of parallel Cyprus court proceedings in breach of 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).
  • 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).
  • 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.
  • Financial Services: Acting for group European claimants against retail bank, investment bank and its managers in relation to mis-selling of a complex property backed structured finance product in Canary Wharf development (GBP 250,000,000).
  • Banking: Acting for African bank in the Commercial Court and in the Court of Appeal (jurisdiction challenge including FNC) in relation to claims of fraud by predecessor legacy banks alleged to have been committed in London through correspondent bank (USD 211,000,000).
  • Sovereign Immunity: Acting for the Head of State of an African country in the Court of Appeal in respect of a claim for alleged breach of contract and expropriation of property (USD 56,000,000).
  • 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).
  • 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).
  • 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).
  • Commodity: Acting for East African commodity trader in dispute with Swiss commodity broker in arbitration under the Arbitration Rules of the Refined Sugar Association for the sale and supply (shipping) of a consignment of sugar from India in circumstances where the seller broker failed to provide acceptable certification of the quality of the sugar (USD 1,000,000).
  • Shipping: Acting for West African Charterer in BIMCO Supplytime 2017 claim in arbitration under the London Maritime Arbitration Association Terms (USD 3,000,000).
  • Environmental Class Claim: Acting for 60,000 claimant citizens in West African state in respect of claims in the English Technology & Construction Court for damages caused by the spillage of oil said to be the largest oil spill in West Africa (USD 3,600,000,000).
  • Service Contract: Advising Southern African award debtor in forum enforcement proceedings and challenge proceedings at the London seat against Middle East LCIA award creditor (USD 6,000,000).
  • Human Rights Class Action: Acting for faith-based organisation in ad hoc bespoke arbitral proceedings structured for the benefit of claimant citizens for compensation for personal injury, loss and damage (Unliquidated).
  • Investor State/Construction: Advising and acting for African Government in relation to contractor’s claim for extension of time for performance and additional payment in pavement construction dispute under the Procedural Rules on Conciliation and Arbitration of Contacts Financed by the European Development Fund (Euro 50,000,000).
  • Investor State/Mining & Manufacturing: Acting for West African investor in respect of contractual and treaty claims under the ECOWAS Supplementary Act (USD50,000,000).
  • 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).
  • Investor State/Mining & Energy: Acting for South – East Asian Government in proceedings by investor for enforcement of UNCITRAL arbitral award for alleged expropriation of mining concession. Liaising with counsel in Paris, New York, Singapore and Kuala Lumpur (the seat) in respect of parallel enforcement proceedings and proceedings to set aside award (USD 58,000,000).
  • Investor State/Energy: Advising joint venture company as to the validity of security documents and guarantees ancillary to PPA made between foreign investor and African government in municipal proceedings related to ICSID arbitral proceedings (USD 250,000,000).
  • Investor State/Energy: Acting for joint venture company in ICSID arbitral proceedings for enforcement of rights under a PPA. Creditor purporting to have the benefit of assigned rights under Security Deed.  Joint venture company seeking to intervene in ICSID arbitral proceedings (USD250,000,000).
  • 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).
  • Construction: Panel arbitrator under the Rules of the Chartered Institute of Arbitrators for claims by contractor and counterclaims by employer under EPC (Modified FIDIC 1999 Silver Book) Last Mile electrification project (USD40,000,000).
  • Construction: Sole arbitrator under the Rules of the International Centre for Arbitration and Mediation in Kampala for claims by sub-contractor against main contractor for breach of contract/wrongful termination of sub-contracted works for pavement construction (Modified 1999 FIDIC Yellow Book) (USD8,500,000).
  • Debt Recovery: Sole arbitrator under the LCIA Rules for recovery of advance payment on offtake and prepayment agreement (USD18,500,000).
  • Commission Agreement: Sole arbitrator under the LCIA Rules for enforcement of commission payment relating to offtake and pre-payment agreement (USD1,000,000).
  • Share Purchase Agreement: presiding arbitrator under the LCIA Rules for damages for misrepresentation and breach of warranty.
  • Shareholders’ Dispute: Sole arbitrator ad hoc arbitration in a claim for rightful ownership of insurance company shares (USD 30,000,000).
  • Service Contract: Sole arbitrator under the LCIA Rules in a claim by European security printers for damages for repudiatory breach of contract by African sub-contractor on a government contract (USD 2,000,000).
  • Commodity Sale, Insurance & Guarantee: Panel arbitrator under the LCIA Rules in a claim by European commodity broker against Asian guarantor for recovery of purchase price under deed of guarantee (USD 21,000,000).
  • Banking Facility: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in claim by Africa based commercial bank against local government for repayment of loan said to be unenforceable on grounds of alleged non-compliance with Constitution and national law (USD 45,000,000).
  • Loan Agreement: Sole arbitrator under the Rules of the LCIA Rules in a claim by lender against borrower for repayment of loan advance (USD 20,000,000).
  • Commodity: Sole arbitrator under the Rules of the LCIA Rules in a claim for damages by African buyer against Asian seller for delivery of defective consignment of agricultural product (USD 4,000,000).
  • Oil & Gas, Commodity: Panel arbitrator under the LCIA Rules in a claim for purchase price of oil cargo by Caribbean Claimant vendor against East Africa buyer (USD 1,200,000).
  • Shipping: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by Asian manufacturer against African Government state entity buyer for demurrage and damages arising out of buyer’s failure to open letters of credit and to take delivery of consignments of cement clinker shipped C.I.F from the Middle East and Indonesia (USD 1,000,000).
  • Commercial Loan/Mining: Panel arbitrator under the LCIA Rules in a claim by Russian investor against Central Asian entity for repayment of a loan to finance gold mining concession (USD 1,000,000).
  • Construction: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by African contractor against International grain cereals supplier for payment for contractual variations under a construction contract (USD 10,000,000).
  • Contract: Sole arbitrator under the Rules of the Chartered Institute of Arbitrators in a claim by security company against African Government on unpaid invoices for security services (USD 500,000).
  • Contract: Sole arbitrator under the LCIA Rules in a claim by UK entity against UK partners for damages for breach of contract concerning the provision of international educational services to nationals of an Asian state (GBP 300,000).

Notable Cases

  • Notable Cases as Counsel in Litigation
     
  • Ramise-Edwards v Idowu [2020] EWHC 1039 (QB)
     
  • Jalla v Shell International Trading and Shipping Co. Ltd [2020] EWHC 738 (TCC)
     
  • Jalla v Shell International Trading and Shipping Co. Ltd [2020] EWHC 459 (TCC)
     
  • Adria Aktiengescellschaft (ADRIA AG) v (1) Government of the Republic of Sudan (2) Sudan-Ren Chemicals & Fertilizers Limited Civil Appeal No. 6 of 2018 (The Court of Appeal for Bermuda)
     
  • Zumax Nigeria Ltd v First City Monument Bank Plc [2017] EWHC 2804 (Ch)
     
  • Zumax Nigeria Ltd v First City Monument Bank Plc [2016] EWCA Civ 567
     
  • McEneaney v Ulster Bank Ireland Limited [2015] EWHC 3173 (Comm)
     
  • Mashate v President of Uganda [2015] EWCA Civ 342
     
  • Zumax Nigeria Ltd v First City Monument Bank Plc [2014] EWHC 2075 (Ch)
     
  • Thai Lao Lignite v Government of Laos [2013] EWHC 2466 (Comm); [2013] 2 All E.R. (Comm) 883
     
  • Thai Lao Lignite v Government of Laos [2012] EWHC 3381 (Comm)
     
  • Salini Costruttori SpA v Government of Uganda EDF Arbitration (The Observer)
     
  • Dr. Jesse Mashate v President of Uganda [2012] EWCA Civ 1168
     
  • Dr. Jesse Mashate v President of Uganda [2011] EWHC 3111 (QB)
     
  • PCCW Global (HK) Limited v Gemtel Limited [2011] UG CommC 66
     
  • CNH UK Limited v Krecent Traders Limited [2010] EWHC 2429 (Comm)
     
  • Legal Services Commission v Aaronson & Co [2010] EWHC 937 (Ch)
     
  • Vitol S.A. Arcturus Merchant Trust Limited [2009] EWHC 800 (Comm)
     
  • MSM Consulting Limited v United Republic of Tanzania [2009] EWHC 121 (QB); 123 Con. L.R. 154
     
  • Countrywide Construction Limited v Eurasian Aviation & Maritime Services Limited [2006] EWHC 3061 (QB)
     
  • The Queen on the Application of Milcia Markos v Southend County Court v Newman & Maxwell, James Christian Blake, Oliver David Blake [2005] EWCA Civ 213
     
  • Markos v Goodfellow [2005] EWCA 488
     
  • Benjamin v Reece [2005] EWCA 3005 (Ch)
     

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