David A. Fraser

T: +44 207 583 9808
F: +44 207 936 3325

Locations

Available worldwide

David Fraser is a retired solicitor with 38 years experience in private practice. He was a partner in a major international law firm, serving as managing partner of the firm’s London office disputes department from 1990 to 2000. From 2000 until retirement in 2010, he was head of the firm’s international arbitration practice. As a solicitor-advocate, he had rights of audience in all English Civil Courts and was a member of the New York State Bar until 2011.

His practice experience includes the litigation and arbitration of disputes arising in the shipping, banking, insurance and commodity trading sectors and also extends to public law disputes, sovereign immunity defences and investor protection cases in public international law. He has handled cases heard in Moscow, New York, Stockholm, Prague, Vienna, Hong Kong, Singapore, Paris, and Kazakhstan.

David Fraser speaks English and basic French.

ADR Experience

David Fraser has represented parties in numerous ICC, LCIA and UNCITRAL arbitrations. In state/investor disputes he has represented both states and private parties. He has attended ADR conferences around the world, and organised and presented at numerous seminars related to his practice experience.

Representative Matters

  • Arbitration/ADR
    • Counsel for claimant in ICC arbitration case no. 16199/GZ involving scope of bank guarantees and state aid exemptions
    • Counsel for Uzbekistan in defending claims under an investment treaty, PCA case no. AA280 (award published)
    • Co-Counsel for claimant in ICC arbitration case no. 14793/JHN involving exit provisions in a joint venture
    • Co-Counsel for claimant in ICC arbitration case no. 15019/JHN involving state guarantees in banking sector
    • Co-Counsel for claimant in ICSID arbitration case no. ARB.(AF)/04/03 involving claim against United States of Mexico (award published)
    • Co-Counsel for claimant in ICSID arbitration case no. ARB(AF)/04/04 involving claim against United States of Mexico (award published)
    • Co-Counsel for respondent in ICC arbitration case no. 12190/TE involving dispute between banking institutions in the Czech Republic
    • Counsel for respondent in LCIA arbitration case no. 3434 involving allegations of gross negligence in valuation of a banking business
    • Co-Counsel for respondent in ICC arbitration case no. 10803/ACS involving dispute over design rights for military bridges
    • Counsel for claimant in UNCITRAL arbitration case no. UN2365 involving breach of consultancy agreement concerning Russian real estate
    • Counsel for respondent in LCIA arbitration case no. 8080 involving ownership of Kazakh minerals
    • Counsel for respondent in LCIA arbitration case no. 8081 involving fraudulent inducement of bank loan
    • Counsel for respondent in LCIA arbitration case no. 8082 involving investment by Russian metal investors
    • Counsel for respondent in UNCITRAL arbitration case no. UN8105 involving recovery of banking debt
    • Counsel for the respondent, a national Oman refinery, in UNCITRAL arbitration against an oil major concerning responsibility for off-spec fuel oil shipment
    • Counsel for claimant oil trader in ad hoc arbitration against trading partner concerning liability for oil shortage
    • Counsel for respondent oil trader in ad hoc arbitration concerning liability for cargo contamination
  • Other Areas of Law
    • Team leader in successful application by the UK national lottery operator for judicial review of decision by National Lottery Commission in 2000
    • Representing defendant in 2003/4 Equitable Life litigation
    • Team leader in English litigation involving disputes concerning banana quota rights and contractual warranties
    • Acting for State parties concerning English court jurisdiction and scope of state immunity in respect of allegations of torture
    • Consultant member of team acting for a major beer retailer in judicial review of 2002 decision of UK Competition Commission
    • Representing parties to major London market insurance and reinsurance disputes involving environmental impairment insurance
    • Advising and representing parties in a wide variety of carriage by sea issues

Honors, Memberships, and Professional Activities

  • Ad hoc consultant to the AIRE Centre
  • International Senior Lawyer Project volunteer advisor
  • Recognised by Chambers UK for the last 10 years, including in the field of International Arbitration
  • Recognised by Legal 500 for the last 10 years, including in the field of Public International Law since 2008
  • Member, Bar of England and Wales, 1973-2010
  • Member, New York State Bar, 1982-2011
  • Author, “Arbitration of International Commercial Disputes under English Law,” The American Review of International Arbitration, Vol. 8 No. 1, 1997
  • Author, “Arbitration in Latin America,” Int. A.L.R. Vol. 5 Issue 2, May 2002
  • Author, Chapter on Challenging Arbitration Awards in International Arbitration Checklists, Juris, 2nd Ed., 2009
  • Co-Author, "Comparative Analysis: Arbitration Procedures for Handling Tax Controversy," International Transfer Pricing Journal, Vol. 16, No. 3, 2009

Background and Education

  • Of Counsel, Baker & McKenzie LLP, 2009-2010
  • Partner, Baker & McKenzie LLP, 1982-2009
  • Associate, Baker & McKenzie LLP, 1975-1982 (Hong Kong and London offices)
  • Associate, Richards Butler (now Reed Smith), 1973-1975
  • LLB, University of Birmingham Law School, 1969

Disclaimer

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