Philip has extensive arbitration experience, both as counsel and arbitrator, under a number of different arbitral systems including ICC, UNCITRAL, LCIA and IATA rules. For example, he was counsel in what is now the leading case on the confidentiality of arbitration: Emmott v Michael Wilson and Partners 2008 AER 162.

Arbitration is confidential - listed below are some reported cases concerning arbitration in which Philip has appeared as counsel:

• Michael Wilson & Prs v John Forster Emmott [2011] EWHC 1441 (Comm): Court of Appeal held that the arbitration award could not be overturned for serious irregularity.  The tribunal had refused to deal with issues not pleaded.  This case also underlines the fact that challenges for serious irregularity under s68 Arbitration 1996 Act require claimants to identify in the claim form the part/s of the award challenged and the nature of the substantial injustice said to have resulted from the serious irregularity.  Leave to appeal was refused and indemnity costs awarded.
  
• John Forster Emmott v Michael Wilson and Partners [2009] EWHC 1: First case on enforcement of peremptory orders issued under section 42 of the Arbitration Act 1996 ordering the Defendant to hand disputed shares over to the Tribunal pending resolution of a shareholders dispute. The Court accepted Philip's argument that the court should not review the basis for the making of the peremptory order by the Tribunal and that the proper role of the Court was to support the arbitral process rather than review it.
• Emmott v Michael Wilson & Partners [2008] EWCA Civ 184(Comm): Philip appeared in the leading case on breach of confidence in national and international arbitrations. The court held that, although it is established under English law that arbitration is private and confidential, there are exceptions and the courts can override confidentiality in the interests of justice to allow arbitral proceedings to be disclosed to a domestic or foreign court. 
• Econet Satellite Services Ltd v Vee Networks Ltd [2006] APP LR 07/13, [2006] EWHC 1664 concerning the conflict between the UNCITRAL rules which governed the claim and the ICC rules which governed the counterclaim. There was also an issue as to whether the arbitrators had jurisdiction to deal with set off under a separate contract.
• Danae Air Transport v Air Canada 2000 1 WLR 395: This is the leading case on the jurisdiction to correct an arbitral award where an arithmetical error had led the Arbitrators to miscalculate the effects of setting of the counterclaim against the claim and thereby making the wrong order for costs.

Philip has specialized in aviation law since 1985 including insurance, product liability, finance and leasing, EC competition and regulation, air accidents, carriage by air, arrest of aircraft, CAA and regulatory issues, aircraft sales and purchase transactions.

Long recommended by Legal 500 and Chambers & Partners in this area, Philip has acted as counsel in nearly all the significant aviation and travel cases in recent years:

• Jet2.com Ltd v Blackpool Airport Ltd [2011] EWHC 1529 (Comm): Philip acted with Adam Cloherty for Jet2.com Ltd and obtained a judgment successfully proving breach of contract by Blackpool Airport for unilaterally ceasing to accommodate flights outside normal hours. 
• (1) Mahan Air (2) Blue Sky Airways Company FZE v Blue Sky One Ltd & Ors 2011 EWCA Civ 544: the court can still impose conditions even after leave to appeal has been granted.  In arguing against an order for security for costs, a party must make full and frank disclosure of all its lines of finance - direct, shareholders, ability to raise credit etc.
  
• Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made B747 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. The case considered whether there were trusts of the aircraft and the validity of back-dated bills of sale.  A Blue Sky case note is available. 
• Blue Sky One Ltd & Ors v Mahan Air [2010] EWHC 631: Having won the liability trial the second phase concerned complex damages and set off issues and if the aircraft not delivered up the owners were entitled to market value of aircraft or some lesser measure and whether damages were to be reduced on the basis that contracts were frustrated by US sanctions and whether the mortgages over the B747 aircraft were effective by applying the lex situs or the lex registrii and whether the doctrine of renvoi could be invoked. 
• ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm)(Hamblen J) 24/4/2010: Philip successfully defended an application by the Claimant for summary judgment in respect of unpaid rent. The court held that (a) the Claimant could not rely upon a signed certificate of acceptance to preclude the Defendant from maintaining a claim. Clear words would be required (b) the failure by the Claimant to deliver the aircraft in airworthy condition was fundamental. The Defendant had a good arguable case that there had been total failure of consideration or alternatively that the fundamental failure went straight to the heart of the Claimant's claim for rent. 
• Sunrock Aircraft Corporation -v- SAS [2007] AER 153/ [2007] EWCA Civ 882: This was a dispute concerning return conditions under a series of operating leases. The Court of Appeal held that the defendant airline was not responsible under its lease with the claimant for the diminution in value of the life-limited parts of an aircraft's engine and for two scab patches that had occurred on the fuselage. 
• Ryan Air v SR Technics (2006): £12m case for Ryanair aganst SR Technics, the former maintenance arm of Swissair, who managed to cause serious damage to 10 Ryanair aircraft. They used the wrong tools when scraping out sealant before re-painting, thereby damaging large parts of the airframe. Some aircraft are complete write offs. 
• Manufacturers Life Insurance Corporation -v- Employers Reinsurance Corporation 2004: Aviation Carve out reinsurance - dispute as to coverage and construction of Lloyds slip retrocession policy 
• Bristow Helicopters Ltd -v- Sikorsky Aircraft Corporation and 46 0thers 2004 EWHC 401 (Comm): Claim for declaration of non liability by carrier against passenger and crew dependants of 11 persons killed in helicopter accident preventing them from suing in the USA - held by the Court to be an entirely legitimate tool to fix the timing and venue of potential trans-national litigation 
• Air Foyle Ltd -v- Center Capital Ltd [2003] 2 Lloyds Rep 428: Dispute as to ownership of Russian registered Antonov 124-100 cargo aircraft Validity of competing titles under Russian and Dutch law and whether the lex situs or the lex registrii should apply. 
• Laura Leasing Ltd -v- British Aerospace Airbus Plc and Aircraft Braking Systems Inc [2003]: Claim for $21m cost of repairs of A340-300 after crash landing at Heathrow due to landing gear failure when torque pin falls out of ABS braking system after take off from Los Angeles. 
• Amiri Flight Authority -v- BAE Systems Plc & Crossair [2003] 1 Lloyd's Rep: Microbiological contamination of aircraft fuel leading to corrosion of BAE 146-100 wings - whether manufacturers owe duty of care to maintainers 
• Glen & Ors -v- Korean Airlines Company Ltd [2003] QB 1386: Crash of Boeing 747 cargo aircraft on to village near end of Stansted runway -whether damages for psychiatric Injuries recoverable for ground victims under s76 Civil Aviation Act 1982 
• Asia Sat-v- Lloyds underwriters 2002: Satellite insurance extent of recovery available for launch damage of telecoms satellite - whether loss of profit recoverable 
• Western Digital Corporation v British Airways [2001] QB 733: Leading case on who can sue the carrier - whether carrier liable only to parties named in air waybill -ingredients of notice of claim under Warsaw Convention 
• Messier Dowty Ltd -v- Sabena SA 2001 1 AER 275: $50m product liability claim arising out of collapse of undercarriage on landing of Airbus aircraft at Brussels The leading case on negative declarations and the circumstances where a party domiciled in another Member State can be joined in English proceedings applying Article 6 of the Brussels Convention. Review of the law in relation to negative declarations in cases involving jurisdiction disputes. 
• Nugent and Killick -v- Michael Goss Aviation [2000] 2 Lloyd's Rep 222: Whether action brought in England by carrier seeking declarations that any liability was to be determined in England applying English law under the Private International Law Act 1995 against dependants of passengers and crew killed in an accident who may otherwise have brought proceedings in the USA was properly brought - whether prospect of higher damages for dependants in USA justifiable or amounted to forum shopping. Helicopter crash involving the death of Mathew Harding director of Chelsea F.C. claim for £59 m - largest ever made in the UK - wilful misconduct action against pilot successfully struck out and liability limited to £80,000. Claimants petition to House of Lords dismissed. Leading case on Article 25 of the Warsaw Convention. 
• The Secretary of State For The Environment, Transport & The Regions v The International Air Transport Association [2000] 1 Lloyd's Reports: Acting for the Secretary of State in challenge by IATA to legality of EC directive removing limits of Warsaw Convention for EC carriers, including possible referral to European Court.
• Applied Implant Technology -v- Lufthansa [2000] 2 Lloyd's Rep 46: Warsaw Convention - computation of liability limit - whether weight of all packages to be taken into account under Article 22(2) (b). 
• Association of British Travel Agents -v- British Airways, Virgin and Lufthansa [2000] 2 Lloyd's Rep 209: Acting on behalf of over 7000 of U.K.'s travel agents. Attempt by airlines to change agents' commission arrangements in respect of passenger service charge successfully declared unlawful on construction of standard IATA contracts. 
• Danae Air Transport SA -v- Air Canada 2000 1 WLR 395: claim for damages on wrongful termination of IATA General Sales Agency 
• Sidhu v British Airways [1997] Appeal Cases 430. House of Lords: The leading case establishing the exclusivity of Warsaw Convention as a cause of action. Instructed on behalf of B.A.

Philip is a member of the, the European Air Law Association, the International Bar Association Air Law Committee and the Royal Aeronautical Society.

He was a speaker at the 2010 European Air Law Association Air Finance Conference in Copenhagen.  Philip leads the Aviation and Travel Group at XXIV Old Buildings.

Philip has extensive experience of fraud litigation often with a multi jurisdictional element and applications for preservation and tracing of assets, allegations of sham agreements and structures and arrangements designed to avoid sanctions in particular against Iran.  He is recommended in this area by Legal 500/2011:

• Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made Boeing 747 - 400 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. Examination of the law of sham in a commercial context. A Blue Sky case note is available. 
• Emmott v Michael Wilson & Partners [2008] EWCA Civ 184 and [2009] EWHC 1 (Comm): Shareholders dispute involving allegations of fraud and directors breach of fiduciary duty and claims under shareholders agreement involving related litigation in the BVI, Bahamas, Switzerland and Australia concerning a BVI company operating in Kazakhstan.
• Republic of Equatorial Guinea v Systems Design Limited and Others 2007 QB 846: This case related to an alleged coup on the part of Simon Mann, Sir Mark Thatcher and others. Claims brought by sovereign state for damages for conspiracy arising out of attempted coup not justiciable before the English Courts so struck out. Claim by the President of the Republic of Equatorial Guinea based on the alleged tort of intentional wrongdoing where no physical or psychiatric injury suffered misconceived in law also struck out. 
• Tavoulareas -v- Tsavliris 2004 EWCA Civ 48 & Lloyds Law Reports Vol 1 2004 445: Conflict of laws involving determination of which court was first seised for the purposes of Article 21 of the Brussels Regulation where defendant had commenced proceedings in Greece seeking declaration of non liability in dispute concerning financing of salvage of a ship. Case concerned allegations of an agreement to between ship and salvor to share salvage award.

His work covers a wide range of commercial disputes, including, commercial fraud, shareholder disputes, and product liability. Philip is admitted to the Bar of the Eastern Caribbean and appears in Courts in British Virgin Islands. Philip has particular experience in private international law involving conflicts of laws, international jurisdiction disputes and cases involving the application of foreign laws. His expertise also encompasses US sanctions against Iran and dealing with the US government agencies responsible for enforcing them.

Recent cases include

• Blue Sky & Anor v Mahan Air & Ors [2010] EWHC 128 (Comm): deliberate conduct by a individual or company official which is not accidental and in knowledge of the facts rendering the conduct a breach of the relevant order will result in an order for contempt.
• Blue Sky One Ltd & Ors v Blue Airways LLC/PK Airfinance US Inc v Blue Sky Two Ltd & Ors [2009] EWHC 3344 (Comm): Dispute concerning a series of transactions that made Boeing 747 - 400 aircraft available to an Iranian airline under a structure which was aimed at avoiding breach of US sanctions against Iran. The case reviewed inter alia the law on sham transactions in a commercial context and whether oral agreements varied or supplemented written agreements. A Blue Sky case note is available.
• Blue Sky One Limited v Chartis Insurance UK Limited and others 2009 Folio 1528: claim arising out of theft of B747-400 - whether policy avoided for misrepresentation and non disclosure - whether aircraft being operated in breach of US sanctions - whether insurers entitled to avoid against AVN 67B finance party
• Obsessions Limited v Hi Lite Electrical Limited: Liability insurance claim against electrical contractors and business interruption claim following fire - measure of damages where judgment given in contract not in tort.
• Emmott v Michael Wilson & Partners [2008] EWCA Civ 184 and [2009] EWHC 1 (Comm). Shareholders dispute involving allegations of directors breach of fiduciary duty and claims under shareholders agreement involving related litigation in the BVI, Bahamas, Switzerland and Australia.
• Islamic Republic of Iran v Barakat Gallery 2008 1 AER 1177: Leading case on enforceability of foreign public and penal laws outside the territory of a foreign sovereign state.
• International Investments House Co LLC v Westminster Oil & Ors (BVI): This BVI judgment of 15th January 2009 applies the Duomatic principle on informal agreements to vary the articles of a company for the first time in the BVI and estoppel by representation in a dispute concerning a BVI company operating in oil exploration in Kazakhstan.
• Thames Valley Power Ltd v Total Gas and Power Ltd [ 2006] 1 Lloyds Rep 441: Whether force majeur clause in contract for supply of gas to London Heathrow Airport was triggered by substantial increase in price of gas under supply contract with a price ceiling far below current market price.
• Group Litigation by 700 claimants v Scania 2007: Philip successfully defended Scania in a product liability claim in respect of alleged faulty design of Scania lorries operating throughout the UK.
• Boston Life Insurance Company BVI v Numerous Policyholders 2007: whether insurers entitled to terminate cover for professional liability insurance due to scheme being investigated by US tax authorities - insurers seeking declarations of non liability.
• Box Clever (2005/6): Litigation regarding the securitization of the future projected income stream of Box Clever following the merger of Radio Rentals and Granada. Unbeknown to the note holders but known to the issuer, Box Clever had been in dire financial straits at time of the securitization. The case concerned the respective roles and responsibilities of the Joint Lead Managers.

 Philip has written an article on "Economic Torts after Douglas v Hello" in conjunction with Edward Cumming.