Robert regularly advises and acts in commodity cases, both in the context of technical disputes as quality, description etc and in relation to sale of goods issues and documentary credits. He has experience in GAFTA, FOSFA, SAL, ICC and LCIA arbitrations in these areas.
In late 2024, Robert acted for an international uranium trader in an ICC arbitration arising out of a long term supply contract and alleged breaches of the same by the suppliers. Estimated value in the region of US$180m.
Robert is currently instructed in Trafigura v Gupta & Others [CL-2023-00054] which involves allegations of fraud in nickel trading. The matter is due to be heard in the Commercial Court at the end of 2025. Estimated value of the claim is US$500m.
He has also recently acted for the successful appellants in a section 69 application arising out of the sale of a cargo of Soyabeans on FOSFA 4 terms: Mitsui & Co v Asia-Potash International [2024] 1 Ll Rep 639.
He is currently acting in a number of cases including a US$25m FOSFA arbitration in which he is advising a leading, international trading house, an ad hoc ICC arbitration relating to grain trading in which he is advising buyers and a multi-jurisdictional dispute in which he is advising middle eastern clients and an arbitration under the Sugar Association of London Rules.
Robert is also acting in a number of cases including a US$25m FOSFA arbitration in which he is advising a leading, international trading house, an ad hoc ICC arbitration relating to grain trading in which he is advising buyers and a multi-jurisdictional dispute in which he is advising middle eastern clients and an arbitration under the Sugar Association of London Rules.
In UniCredit Bank A.G. v Euronav N.V. [2022] EWHC 957 (Comm), [2022] 2 Ll Rep 467 & CA [2024] 1 Ll Rep 177, Robert represented Owners, successfully defeating a claim by a German bank for damages under a Bill of Lading for misdelivery and upholding the lower Court’s decision in the Court of Appeal. The case is the first in which the nature of the “mere receipt” rule has been analysed and the nature and basis upon which damages for delivery without presentation of a bill of lading should be awarded.
In Natixis v Marex Financial Ltd [2019] 2 Ll Rep 431, Robert successfully represented an LME warehouse in a substantial commercial court trial arising out of a major nickel fraud, defeating allegations of breach of contract, duty and negligence and successfully upholding the warehouse’s terms and conditions.
In TOTSA v New Stream Trading [CL-2019-000358], Robert represented well-known oil traders, successfully obtaining summary judgment for nearly US$15m in a dispute for non-delivery arising out of the Antipinsky refinery affair.