Louis Flannery KC

Louis is world renowned in arbitration, both as practitioner and as co-author of the leading commentary on the English Arbitration Act (work on the 7^th edition is currently in progress). He acts and advises as leading counsel, and regularly sits as arbitrator. He also has significant experience as a document examiner (Privilege Master) and as an expert in English arbitration law (having testified or given evidence for several foreign courts).

Louis was leading counsel for the Chartered Institute of Arbitrators in the Supreme Court in Halliburton v Chubb (2020). Merkin & Flannery was also cited by both the majority and minority of the Supreme Court in Enka v Chubb (2021).

Louis has particular experience in offshore gas and oil supply agreements, drilling disputes, financial disputes, road and infrastructure projects, etc.

Recent cases as counsel

• Arbitrations are confidential unless reported publicly. The nature of the cases in which Louis has been involved as counsel may be summarised as follows:
• Shale gasoline supply dispute (Baltic states) (UNCITRAL, ad hoc) – Successfully acting for claimant unfairly removed from an oil supply contract (UNCITRAL, London seat).
• Kenyan banking dispute – successfully acting for Kenyan shareholders in a shareholder dispute (LCIA, London seat)
• X v Y – Successfully represented a high profile claimant in their dispute with a European bank (Swiss Chambers, Zurich seat)
• M v P – acting for award creditor in London (enforcement of award proceedings)

Recent cases as arbitrator

• Dispute involving automobile supply agreements (LCIA, London seat) – Presiding Arbitrator
• Dispute involving sub-sea drilling in Indian Ocean (HKIAC, Singapore seat) – Presiding Arbitrator
• Dispute between European contractor and Middle Eastern company (Ad hoc, London seat) – Party-appointed arbitrator
• Dispute involving European listed company and African state-owned power supply co (CIArb Rules, London seat) – Party-appointed arbitrator
• Dispute involving commercial property loans between CIS-based entities (LCIA, London-seat) – Sole Arbitrator
• Dispute involving US claimant and Singapore respondent (ICC, London seat) – Sole Arbitrator
• Dispute involving European hotel management chain and Middle Eastern hotel (ICC, London seat) – Party-appointed arbitrator
• Dispute involving supply agreements (domestic) (CIArb Rules)

Recent cases as privilege master

• LCIA dispute involving US and European counterparties – reviewing extensive documentation and reporting recommendations to the Tribunal

Recent cases as expert witness

• Cyprus – reporting to the Cyprus court on English arbitration law and procedure
• Germany – reporting to the Düsseldorf court on the interpretation of arbitration and dispute resolution clauses in a vehicle supply contract

Although known more for his expertise in arbitration, Louis retains a broad general commercial litigation practice, particularly in relation to e.g. enforcement of and challenges to awards under the English Arbitration Act 1996. Louis has appeared in several foreign jurisdictions as an expert witness on English arbitration law.

Although most of Louis’ litigation work involves arbitration (enforcement of awards, etc), Louis still practises as counsel in litigation more broadly. He was involved in one of the leading cases on negligence and voluntary assumption of responsibility, and in relation to defendants’ costs offers under the CPR.

• OWH v Rusal (AIFC, Kazakhstan) – acting for the award-creditor Claimant OWH in a dispute involving Rusal.
• Burgess v Lejonvarn  – acted for the defendant in a long-running dispute which included two Court of Appeal victories, setting important precedents for English tort law (in relation to voluntary assumption of responsibility and costs): Lejonvarn v Burgess [2017] EWCA Civ 254, [2017] BLR 277 and Lejonvarn v Burgess [2020] EWCA Civ 114, [2020] Costs LR 45.
• Union of India v Reliance Industries Ltd [2022] EWHC 1407 (Comm) – acted for the Government of India in challenges to an UNCITRAL arbitration award.
• Investohills Vesta v Petergrow & ors [2021] EWHC 124 (Ch) – Acted for the respondents to a freezing order – decision discusses need for affidavits in foreign jurisdictions

Louis’ international practice as counsel and arbitrator has involved many of the world’s leading jurisdictions. He has sat as arbitrator in many East African cases, involving road and infrastructure disputes, as well as banking and finance cases. He has appeared as an expert witness on English arbitration law in several foreign courts (Germany, Luxembourg, Belgium, Lithuania, the USA and Australia so far).