Michael Black is an international business disputes lawyer equally at home before the courts of jurisdictions across the world, arbitral tribunals and in alternative dispute resolution procedures.
For over 30 years he has handled a wide variety of commercial matters and developed expertise in all aspects of infra-structure projects particularly in the oil and gas, energy, telecommunications and transportation industries. He is recognised as having the experience not only to master technically complex engineering issues, but also to deal with related funder, shareholder and joint venture disputes, off-shore project finance structures, insolvency and professional liabilities. He is regularly retained as counsel, arbitrator, adjudicator and mediator by Owners, Sponsors, Contractors and Liability and Professional Indemnity Insurers alike.
Michael’s work often involves fraud and asset recovery. He was instructed by Singaporean liquidators in one of the largest ever insolvencies, Amedeo Development Corporation Sdn Bhd v HRH Price Jefri Bolkiah concerning a $24 billion claim by the Brunei Investment Agency for misappropriation of state assets. In 2007/8 he appeared in the British Virgin Islands in Kensington International v Montrow International to resist the liquidation of a project finance structure owning offshore oilfields on the grounds that it amounted to a conspiracy between international oil companies and banks to assist the Republic of Congo to place its assets outside the reach of its creditors.
Michael has appeared in a number of the leading English cases on arbitration including Cetelem SA v Roust Holdings Ltd [2005] – section 44 Arbitration Act - Whether judge has jurisdiction to make interim mandatory order pending arbitral proceedings - Whether court usurping arbitral process - Whether Court of Appeal having jurisdiction to hear appeal therefrom; Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited, [2001] - section 68 Arbitration Act & section 55 Access to Justice Act - powers of Court of Appeal to review decision of Judge on appeal from arbitrator; Al-Naimi v Islamic Press, [2000] - section 9 Arbitration Act - duties of judge when considering stay.
An internationally acknowledged expert in civil procedure, he was retained to draft the procedure rules for the new Dubai International Financial Centre (“DIFC”) and was also consulted on the drafting of the DIFC Arbitration Law. He was the first barrister to be admitted to the bar of the DIFC Courts and appeared in both the first trial (shareholders’ dispute) and the first appeal (appeal against freezing injunction).
In addition to his considerable experience in the Middle East, Michael has also acted and advised in connection with matters in the following jurisdictions: Bermuda, the British Virgin Islands, the Cayman Islands, the Channel Islands, the USA, Northern and Southern Ireland, France, Switzerland, Gibraltar, Bulgaria, Romania, the Russian Federation, Mongolia, Turkey, Armenia, Qatar, Abu Dhabi, Oman, Nigeria, the Republic of Congo, Equatorial Guinea, Bangladesh, India, Singapore, Hong Kong, the PRC, Malaysia, Korea, Brunei, Japan, the Philippines, the Solomon Islands, Brazil and Uruguay.
As well as sitting as an arbitrator and adjudicator, he holds the appointments of deputy judge of the High Court and Technology and Construction Court in London.
Recommendations:
Michael is recognised in both Chambers & Partners and Legal 500 for Construction. Both directories refer to his involvement in the first case in the Dubai International Financial Centre. He is also noted for his client focus, relaxed style and skill at international arbitration.
Publications:
Michael is preparing a chapter on ethics in international arbitration as part of a US work on international construction law
He is one of the co-authors of a Civil Justice Council Paper on Collective Redress
Author of chapter on international arbitration in “Discovery Deskbook for Construction Disputes” (American Bar Association 2006)
Chapters on construction and arbitration in “The Law and Practice of Compromise” (Sweet & Maxwell, 6th Edition 2005)
Academic history:
Accredited Mediator
Visiting Professor University of Manchester University College, London
Appointments:
Deputy High Court Judge (2008)
Bencher Middle Temple (2006)
Member Civil Justice Council (2005)
Visiting Professor of Construction and Engineering Law, University of Manchester (2002)
Member of Court of Appeal panel of mediators (2001 – 2003)
Member Civil Procedure Rule Committee (2000 – 2004)
Assistant Commissioner, Parliamentary Boundary Committee for England (2000)
Chartered Institute of Arbitrators Panel of Mediators (2000)
Deputy Judge of Technology and Construction Court (1999)
Recorder of the Crown Court (1999)
RICS President’s Panel of Arbitrators (1999)
Presenter (Disciplinary Prosecutor) for Chartered Institute of Arbitrators (1995)
FIMBRA panel of arbitrators (1993 – 1995)
Professional memberships:
Bar of the Dubai International Financial Centre
Bar of the Eastern Caribbean Supreme Court
Bar of the Isle of Man (ad hoc)
Bar of the Cayman Islands (ad hoc)
Fellow of the Chartered Institute of Arbitrators
American Bar Association (International Associate Member)
American Bar Association’s Forum on the Construction Industry
The CPR Institute for Dispute Resolution, New York
London Court of International Arbitration
International Bar Association
Professional Negligence Bar Association
COMBAR
Bar European Group
Liveryman of the Worshipful Company of Arbitrators