Robert-Jan Temmink QC

Called: 1996 Silk: 2017

Practice Overview

Robert is recognised as a talented advocate with a commercial practice encompassing a broad spectrum, from Chambers' core areas of aviation and shipping, to energy, construction, and insurance law together with financial services, insolvency and fraud. Many of Robert's cases involve cross-border, or other jurisdictional issues both in the UK and abroad and he most regularly appears in the Commercial, Chancery and Technology & Construction courts in the United Kingdom. He is also registered to practice at the Dubai International Financial Centre Court where he has frequently appeared and is called to the Bar in Northern Ireland and as a Foreign Legal Consultant in the State of New York. He is often asked to work on cases in the Caribbean arising out of contractual or commercial chancery disputes.

Robert is a Fellow of the Chartered Institute of Arbitrators and is one of the arbitrators at the Dubai International Arbitration Centre. He is also a panel arbitrator at the Kuala Lumpur International Arbitration Centre and the Hong Kong International Arbitration Centre.  He has appeared in a wide variety of arbitral proceedings under different institutions' rules, and as sole arbitrator in ICC proceedings. Robert is an accredited commercial mediator in the UK and abroad and is a TECBAR-accredited adjudicator, arbitrator and mediator.

Robert is ranked as a leading barrister in the current editions of Chambers UK and The Legal 500 in commercial litigation, international arbitration and aviation.

  • What the directories sayView More

    • "...Clearly an excellent lawyer – very responsive and very easy to deal with..."

      (The Legal 500, 2016)
    • "Rob is both thorough and pragmatic." "His cross-examinations are extremely effective."

      (Chambers & Partners UK Bar 2017)
    • "...He spots new angles and exploits opponent weaknesses with devastating effect..."

      The Legal 500, 2016
    • "...Thorough and pragmatic..."

      (The Legal 500, 2016)
    • "...An impressive senior junior.. sources particularly praise him for his assured advocacy and strong courtroom presence. He has a very nice presentational style and judges listen to him. He is very tidy on the paperwork, very inclusive, and has a very modern way of working..."

      Chambers UK 2015
    • "...A very solicitor-friendly counsel who produces immaculate paperwork... He has a commanding presence, a forceful advocacy style, and brilliant preparation and analysis..."

      The Legal 500 2015
    • "...He is responsive, willing to help and very good at seeing the wood for the trees in situations where there is a mass of information" "a multi-talented litigator with a flair for international arbitrations who is known for getting to the point quickly, presenting information clearly and powerfully" "he provides a measured approach and sound, well-rounded, commercial judgment" "he brings a good commercial approach, fine preparation and attention to detail." "He has a commanding presence, a forceful advocacy style, and brilliant preparation and fierce advocate who provides highly user-friendly support while always maintaining a complete handle on the key facts and issues in a case; confident and pragmatic; having a great manner with clients; being clear and confident in his advice..."

      Chambers UK and The Legal 500
  • Chancery Commercial K View More

    Robert is recommended in Chambers & Partners UK Bar as a leading barrister for commercial dispute resolution and in the Legal 500 for aviation, commercial litigation and international arbitration.

    • Applying successfully for an injunction to prevent the publication and presentation of a winding-up petition involving issues of the applicability and priority of an arbitration clause
    • Applying successfully for an injunction to prevent the presentation of a winding-up petition on the basis of the construction of a compromise agreement between the parties (In the matter of Rhinegold Publishing Ltd)
    • Advising and acting in a claim against directors of an insolvent company, piercing the corporate veil, involving issues of fraud, breach of fiduciary duty, unjust enrichment, worldwide freezing injunctions arising out of a substantial building project in Kiev (Royalstone Ltd v Allen & Wells)
    • Advising and acting for a director in a claim by a liquidator for misfeasance and transactions at an undervalue involving issues under the Limitation Act, and the duties owed by a Liquidator where he has also been first a Supervisor and then an Administrator of the company in liquidation (Hopehurst Ltd (In Liquidation) v Mukhtar Ali Babar)
    • Advising and acting for a director in a claim by a liquidator for misfeasance and fraud and further issues arising in respect of ceding control of appeals by the company in the Tax Tribunal (Clear PLC (In Liquidation) v Imran Kara & Ors)
    • Acting for minority shareholders in a claim for unfair prejudice against a DIFC-registered and DFSA-regulated company, now in liquidation, and thereafter in derivative proceedings brought by the company against its former directors (Wiederkehr & Wiederkehr v Diwan Capital Ltd (In Liquidation)
    • Advising on the effect of corporate insolvency in the BVI in respect of a Chinese shipbuilding contract involving issues of construction and cross-border insolvency (Yangzhou Dayang Shipping v Rosanna Shipping & Anr)
    • Acting in a claim arising out of an arbitration, the award of which rendered the losing party insolvent. Acting for a party accused of unlawful means conspiracy in relation to the arbitration, the award and the losing party's insolvency involving issues of privilege, conspiracy and cross border insolvency (Westwood Shipping Lines Inc & Anr v Fhh Fonds Nr33 Ms "Kimberley" Gmb & NSC Schiffahrtsgesellschaft Mbh & Others)
    • Advising and acting for a director accused of misfeasance and transactions at an undervalue involving issues of limitation, corporate personality and valuation (Defty & John Carne Lifestyle Ltd v Carne)
    • Advising and acting for a minority shareholder in an unfair prejudice petition involving issues of prejudice, valuation and the effect of administration on the s.994 claim (Kelly v Timan Oil & Gas Ltd)
  • Commercial Dispute Resolution K View More

    Robert is recommended in Chambers & Partners UK Bar as a leading barrister for commercial dispute resolution and in the Legal 500 for aviation, commercial litigation and international arbitration.

    • Acting for a Korean manufacturer in a disputed claim for an alleged breach of a sole distribution agreement involving issues relating to expert evidence on quantum, change of position and implied terms (Moore Large & Co Ltd v Ssanyang Industry Co Ltd)
    • Acting in a claim arising out of an arbitration, the award of which rendered the losing party insolvent. Acting for a party accused of unlawful means conspiracy in relation to the arbitration, the award and the losing party's insolvency involving issues of privilege, conspiracy and cross border insolvency (Westwood Shipping Lines Inc & Anr v Fhh Fonds Nr33 Ms "Kimberley" Gmb & NSC Schiffahrtsgesellschaft Mbh & Others)
    • Advising and acting for a company the victim of unlawful interference with its contracts, involving issues over the misuse of confidential information, IT, breach of database rights, employees� duties and piercing the corporate veil (Pintorex Ltd v Kay, Zandjani & Parax Ltd)
    • Advising and acting for a minority shareholder in an unfair prejudice petition involving issues of prejudice, valuation and the effect of administration on the s.994 claim (Kelly v Timan Oil & Gas Ltd)
    • Acting at first instance and on appeal in a breach of trust case for an Iranian national, domiciled in the USA, disputing the UK Court's jurisdiction, involving issues of limitation, res judicata, issue estoppel and various equitable principles (Ali Agha Mostakhdemin v Ramin Shamsian)
    • Acting for minority shareholders in a claim for unfair prejudice against a DIFC-registered and DFSA-regulated company, now in liquidation, and thereafter in derivative proceedings brought by the company against its former directors (Wiederkehr & Wiederkehr v Diwan Capital Ltd (In Liquidation)
    • Acting in the UK for a minority shareholder and former director, resident in the USA, in an unfair prejudice petition against the company and former co-directors and shareholders (Gupta v Candeo Technologies Ltd & Others)
    • Acting in a dispute concerning breach of a compromise agreement in respect of a breach of a property investment deal concerning issues over the applicability of the Consumer Credit Act and summary judgment (Fortitude Investments (Commercial) Ltd v Kenneth Jones & Ors)
    • Acting in a number of claims and appeals arising out of the application of the Late Payment of Commercial Debts (Interest) Act 1998, including the lead appeal judgment in Northern Ireland on the application of the Act (Blue Autumn Ltd v Glenview Nursing Home Ltd)
    • Acting in a claim concerning the provision of statutory bills under the Solicitors Act 1976 involving issues of fraud, exaggeration and forgery (Alpha Rocks Solicitors v Benjamin Alade)
    • Acting in a claim to recognise a judgment in the UK from the Kingdom of Saudi Arabia and in proceedings for breach of subsequent a settlement agreement in the United Kingdom
  • Civil Fraud K View More

    Robert's particular experience in fraud stems from his work for the Serious Fraud Office, helping to develop their policy on legal professional privilege, and acting for the SFO in a number of investigations and the successful prosecution of a large multi-handed fraud in a 6 month trial.  More recently, he has been involved in a large number of fraud cases arising out of his civil cases, often involving insolvency and cross-border and multi-jurisdictional issues and giving rise to interim and final freezing orders.

    Examples of such recent cases between include:

    • Faya Ltd (In Liquidation) v Dr Omer Shakar Butt - Acting for the Defendant director in a freezing injunction application in a case brought by the liquidator involving allegations of misfeasance, diversion of company funds, transactions at an undervalue, money had and received.
    • Royalstone Ltd v (1) David John Allen (2) Daniel Peter Wells - Acting for the Claimant company in a claim in the UK involving issues of restitution, fraud, and misfeasance arising out of a construction project in the Ukraine.  Case involves close cooperation with the UK Liquidator to secure the return of monies paid over to the Company.
    • Clear PLC (In Liquidation) v (1) Imran Kara (2) Cascade International FZE (3) Umer Kara - Acting for the three Defendants, based in the UK and in Dubai.  Involved dealing with a worldwide freezing injunction, and defending a civil claim for missing trader fraud, misfeasance, restitution, transactions at an undervalue.
    • Alpha Rocks Solicitors v Benjamin Alade - Acting for the Defendant in a claim by his former solicitors for breach of contract.  Applying on behalf of the Defendant to strike out the claim as an abuse of process on the grounds that the claim was grossly exaggerated and fraudulent.
    • SVS Securities PLC v Sourcing for Value Ltd - Acting for the Claimant in a claim for restitution and fraud against a trading partner.  Obtaining an out of hours freezing injunction which the Court made permanent on the return date.
    • Ian Mark Defty (Acting as Liquidator) v John Carne - Acting for the Defendant in a claim brought by the company’s liquidator in a claim for misfeasance, transactions at an undervalue, fraud and restitution.  Issues involve quantification of the company’s assets, the nature and extent of legal advice given for transfers from one corporate entity to another, and issues of limitation and the legal definition of misfeasance.
    • (1) Westwood Shipping Lines Inc (2) Weyerhauser NR Company v (1) FHH Fonds Nr 33 MS “Kimberley” GMBH & Others - Acting for the Fourth Defendant in a claim for fraud, conspiracy, procuring a breach of contract and perjury arising out of the liquidation of a company following an arbitration.  
  • Banking & Financial Services K View More

    • Advising in Canada in a claim against a large Canadian bank for losses sustained in a repossession action
    • Advising a hedge fund in an LCIA arbitration over a variety of matters arising in the Middle East
    • Acting in the matter of an ICC arbitration involving Italian, UK and US companies for damages arising out of a variety of contractual arrangements in the sum of US£350m
    • Advising in an LCIA arbitration involving issues of Shari'ah law, foreign exchange transactions and forum conveniensActing in the Commercial Court in multi-million pound proceedings for a director of a hedge fund, joined to the proceedings as a Third Party, in a claim brought by the fund against its bankers for breach of mandate, breach of contract and negligence, and in related proceedings against the fund's former legal advisers for negligence
    • Joint author of chapter on Dispute Resolution in the context of Financial Services Regulation in the 2010 LexisNexis Special Report
    • Acting in a claim against a commercial institution for recovery of sums due under bridging finance, involving a variety of regulatory and statutory issues and a trust claim arising out of an alleged settlement
    • Advising in a substantial professional negligence action against a claimant's former solicitors and barrister in a financial services matter
  • International Arbitration K View More

    Robert is recommended in Chambers & Partners UK Bar as a leading barrister for commercial dispute resolution and in the Legal 500 for aviation, commercial litigation and international arbitration.

    "a multi-talented litigator with a flair for international arbitrations"  (Chambers UK Directory)

    • Sitting as sole arbitrator in an ICC arbitration with its seat in London between companies based in Hong Kong and Saudi Arabia concerning a significant IT dispute
    • Sitting as sole arbitrator in an LCIA arbitration with its seat in London in a contractual dispute
    • Advising and acting in an ICC arbitration with its seat in Vienna between companies based in Serbia, Montenegro and Albania involving issues arising out of an infrastructure project, and issues concerning the enforceability of a DAB decision in a FIDIC silver book contract
    • Advising and acting in an LMAA arbitration over a bill of lading dispute involving issues of anti-suit injunctions, damages and detention and multi-jurisdictional questions of applicable law
    • Advising and acting in an LCIA arbitration with its seat in London concerning issues of breach of contract, conspiracy, fraud and breach of a distribution agreement
    • Advising and acting in an LCIA arbitration in a dispute between an airline and its software supplier concerning issues of use of data, contractual construction and assessment of loss
    • Advising and acting in an ICC arbitration involving Italian, UK and US companies for damages arising out of a variety of contractual disputes in the sum of US$350m
    • Advising and acting in an application under the Arbitration Act for determination of various issues arising out of an arbitral panel's correction of its award in an ICC arbitration and the meaning of "clerical error" under s.69 of the Act (CNH Global NV v PGN Logistics Ltd (2009) 1 CLC 807 (Comm))
  • Aviation & Travel K View More

    Robert is recommended in Chambers & Partners UK Bar as a leading barrister for commercial dispute resolution and in the Legal 500 for aviation, commercial litigation and international arbitration.

    • Acting in a successful claim against an airline for breach of an aircraft leasing agreement involving issues of jurisdiction, arbitration clauses, determination of fair market value, default judgment and service in Saudi Arabia (Dubai Financial Group LLC v National Private Air Transport Services Company (National Air Services) Limited)
    • Acting in a claim arising out of corrosion damage caused to an aircraft whilst in the care of a maintenance company involving complex expert evidence on corrosion and quantum (Corporate Oil & Gas Limited v Marshall Aviation Services Limited
    • Advising in a claim to arrest three aircraft leased by a commercial airline following an event of default in the aircraft leasing agreements
    • Advising in a claim arising out of an aircraft finance and purchasing agreement involving issues concerning brokerage commission and management fees
    • Advising a national airport authority in a wide variety of contractual claims arising out of their airside and also landside arrangements with a number of different organisations
    • Advising in aircraft maintenance disputes and regulatory matters
    • Advising in respect of a common law and contractual lien exercisable by a maintenance party over aircraft in respect of which debts had accrued
    • Acting in a claim arising out of an aircraft finance, purchasing and re-purchasing agreement
    • Acting in a claim against an airline operator and fractional ownership provider for breach of contract and fraud. Jurisdictional issues including claims in the DIFC, LCIA and the commercial court in London
  • Energy & Natural Resources K View More

    Energy

    • Acting in the Commercial Court for a state-owned oil and gas company disputing the UK Court's jurisdiction in a dispute over oil and gas supplied by ship-to-ship transfer in international waters (Trafigura PTE Ltd v EMARAT)
    • Acting for an Estonian Company in obtaining a freezing injunction against a Dubai FZE in respect of EUAs (carbon credits) wrongly-transferred to the UK Registry and subsequently obtaining relief against the Environment Agency in respect of the transfer of the credits to the intended UK recipient (NTC Global (OU) & Anr v Astra Trading FZE & The Environment Agency)
    • Acting for a renewables supplier in a claim against a former joint venture partner in a claim concerning solar panel arrays, planning issues, efficiency of arrays and feed-in tariffs (AEE Renewables LLP v Hazel Capital LLP)
    • Acting in a claim against an oil company and a concern in Saudi Arabia for breaches of contract arising out of a seismic and geophysical operation in Saudi Arabia (Taylor v China National Petroleum Corporation & Abdul Aziz Al-Mandil)
    • Advising and acting for a minority shareholder in an unfair prejudice petition involving issues of prejudice, valuation, mining licences and the effect of administration on a s.994 Companies Act claim (Kelly v Timan Oil & Gas Ltd)
    • Acting in Turks & Caicos Islands in a claim by a public utility provider against another utility provider involving issues of contractual and statutory interpretation and the TCI Electricity Ordinance (Fortis TCI Ltd v Cable & Wireless (TCI) Ltd)
    • Acting in an appeal against an oil and gas firm to set aside a judgment in default arising out of a brokerage agreement and commission agreement concerning the use and conversion of tankers for oil storage (Cooper Mechanical Oilfield Services Ltd v Pauwels)
  • Construction K View More

    • Acting in a dispute concerning roof loading capacities involving issues of foreseeability of loss, liability for economic loss, co-terminous duties in contract and tort (Homebase Ltd v National Polytunnels Ltd)
    • Acting in a building dispute between a homeowner and builder involving issues of structural design, negligence, assumption of personal responsibility and guarantees (Stewart & Anr v Longridge Contracts Ltd & Regan)
    • Appearing in numerous cases in the TCC arising out of the foot & mouth disease clean-up operations resulting in numerous reported judgments at first instance and on appeal concerning confidentiality and privilege in mediations, the Late Payment of Commercial Debts (Interest) Act, the Housing Grants, Construction and Regeneration Act, assignment of causes of action, the principles in Henderson v Henderson, contractual interpretation and account valuation (Ruttle Plant Hire Ltd v Secretary of State for Environment, Food & Rural Affairs and associated actions)
  • Insurance & Reinsurance K View More

    • Acting for a Promoter and Administrator of a tax-saving scheme against a class action for professional negligence and economic loss arising out of an investigation into the scheme by HM Customs & Revenue (Brierley & Ors v Zokora (No.2) (In Liquidation) & Ors)
    • Advising in the Alstom SA Securities Litigation in the USA, primarily on issues of insurance law and on the layers of professional indemnity and D&O insurance
    • Acting in the Commercial Court for a number of insureds against their insurers for breach of contract in failing to indemnify the insureds in respect of legal fees, costs and expenses covered by the employers' liability clauses of the policy. Involving issues of construction, unfair contract terms, implied terms and estoppel (Ruttle Contracting Ltd & Ors v AXA Insurance PLC)
    • Advising on the relationship between umbrella policies and various issues arising for a broker under FSMA, the Electronic Communications Act and the EU Directive on Electronic Signatures (Creation Consumer Finance v Allied Fort Insurance Services Ltd)
    • Advising on coverage in circumstances where a broker had failed to pass on a premium to a reinsurer (Gelios v Hannover Re)
    • Advising on coverage in respect of a claim made under a group indemnification policy involving issues of jurisdiction and construction (Credo Capital PLC v Zurich Global Corporate Ltd)
  • Shipping & Maritime K View More

    Dry Shipping, Commodities & Transport

    • Acting in the commercial court for an anti-suit injunction in respect of Jordanian proceedings concerning a cargo dispute (In the matter of the MV "Sur")
    • Advising on the effect of corporate insolvency in the BVI in respect of a Chinese shipbuilding contract involving issues of construction and cross-border insolvency (Yangzhou Dayang Shipping v Rosanna Shipping & Anr)
    • Advising on unlawful termination of a contract between two maritime information suppliers and numerous contracting parties, involving issues of IT, construction, legitimate expectations, assessment of loss, termination clauses
    • Advising and acting for a Japanese shipping company in a contractual claim involving jurisdictional issues, the proper service of process and civil procedure rules on judgment (Classic Maritime Ltd v Asahi Shipping)
    • Acting in a bunkers case against a fuel supplier involving issues of fraud, worldwide freezing orders and restitution (Chimbusco Europe BV v Compass Marine Fuels Ltd & Ors)
    • Advising and acting in numerous cargo claims, charterparty actions and issues surrounding letters of credit and bills of lading
  • Alternative Dispute Resolution K View More

    • ADR Group accredited mediator
    • Registered Mediator at the Kuala Lumpur Regional Centre for Arbitration
    • TECBAR accredited mediator

    Acted as mediator in a number of commercial disputes across the range of his practice areas, for example, he has recently acted as mediator:

    • in a professional negligence claim
    • in a software and licensing dispute
    • in a dispute between professionals involved in The Shard building project
    • in a dispute between a school and neighbours over various planning issues
    • in a dispute between a PLC scrap-metal concern and a trade creditor
    • in a dispute between the head-lessor, lessee, mortgagor and other banking parties in a tri-partite claim
    • in a trustee action between various parties to a family trust
    • in a claim between a bank and borrower over various contractual and statutory issues
    • in a claim between a bank and a customer involving issues of professional negligence and fraud

    Robert has also acted, as Counsel, in many mediations, primarily in commercial and chancery banking matters.

  • Professional Negligence K View More

    Robert has acted in a wide variety of negligence matters against actuaries, receivers, investment advisers, solicitors, accountants and commercial property valuers. Examples include:

    • Acting for a leading financial institution in a large number of cases involving negligence on the part of the institution's valuers of commercial and residential property
    • Acting for a Promoter and Administrator of a tax-saving scheme in a class action brought by members of a Limited Liability Partnership for professional negligence
    • Acting for a Patient in the pursuit of her former legal advisers for damages arising out of lost interest caused by the legal advisers' negligence in failing adequately to progress her claim
    • Advising in a substantial professional negligence action against a claimant's former solicitors and barrister in a financial services matter

'...sources particularly praise him for his assured advocacy and strong courtroom presence. He has a very nice presentational style and judges listen to him. He is very tidy on the paperwork, very inclusive, and has a very modern way of working...'

Chambers UK 2015

Academic


M.A., Trinity College, Cambridge
Diplock Scholar, Middle Temple

Appointments


Fellow of the Chartered Institute of Arbitrators
Registered Arbitrator at the Emirates Maritime Arbitration Centre
Registered Arbitrator at the Dubai International Arbitration Centre
Registered Arbitrator at the Kuala Lumpur Regional Centre for Arbitration
Registered Mediator at the Kuala Lumpur Regional Centre for Arbitration
Hong Kong International Arbitration Centre Panel Arbitrator
TECBAR Accredited Arbitrator
TECBAR Accredited Adjudicator
ADR Group Accredited Mediator
TECBAR Accredited Mediator
Registered Practitioner at the Dubai International Financial Centre Courts
Called to the Bar of the State of New York (Foreign Legal Consultant)
Called to the Bar of Northern Ireland
Master of the Bench of Middle Temple

Languages


Working knowledge of:
French
Italian
Russian
Spanish

Publications


LexisNexis Special Report: Financial Services Litigation (contributing author), published 2009
LexisNexis: Lissack & Horlick on Bribery (contributing author), published 2011
Wiley Finance: Investing in Emerging Markets (contributing author), published 2013

Memberships


American Counsel Association
Chancery Bar Association
Commercial Bar Association
Technology & Construction Bar Association
Professional Negligence Bar Association
LMAA Supporting Member

Pro Bono


Represented Jack Alderman in the US Supreme Court death row challenge to his intended execution in Georgia.

Interests


Sailing, singing, wine, cars & travel

Trustee of The Temple Music Trust

Trustee of The King's Singers Foundation

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