Daniel Hubbard

Daniel has extensive experience of and expertise in arbitration, having acted in a succession of complex, extremely high value arbitral disputes.  He is listed by both Chambers UK and Legal 500 as a leading junior in the field of international arbitration.  

• UNCITRAL BIT Arbitration
  Currently acting, with Alison Macdonald QC, for the Claimant in a claim for US$225m arising out of breach of a bilateral investment treaty in the context of mining operations in North Macedonia. The Tribunal is chaired by Lucy Reed (sitting alongside Yves Fortier QC and Prof. Brigitte Stern)
• Confidential ad hoc Arbitrations
  Acting, with Claire Blanchard QC, for the Respondent to two substantial claims (one for US$181m and the other for US $63m) arising out of the alleged breach of long term gas supply agreements. The Tribunal in the first arbitration was chaired by Lord Phillips (sitting alongside Dame Elizabeth Gloster and William Rowley QC) and the Tribunal in the second arbitration was chaired by Sir Rupert Jackson (sitting alongside Sir David Steel and William Rowley QC). Both disputes settled in 2021.
• Confidential ICC Arbitration
  Appearing in the Commercial Court for the defendant to an arbitration claim in an application to set aside an order of the court giving leave to enforce an arbitral award (2021).
• Confidential LCIA Arbitration
  Appearing as sole counsel for the claimant (against a QC and junior team) in a multi-million dollar dispute between shareholders in an international foundry business.  The Tribunal was chaired by Sir Stanley Burnton (sitting alongside Christopher Newmark and Patricia Peterson) and a final hearing took place in June and July 2019.
• Confidential LCIA Arbitration
  Acting, with Lord Falconer QC, for the claimant in a multi-billion dollar dispute about alleged breach of a joint venture agreement for the development of extensive oil and gas assets.  The Tribunal was chaired by Michael Collins (sitting alongside Sir Christopher Clarke and William Rowley QC) and issued a final award in early 2019, following a substantive hearing in November and December 2018.
• Confidential LCIA Arbitration
  Between 2013 and 2017 Daniel acted, with Constantine Partisides QC, for the claimant in a complex, multi-phased dispute with a host-government under a concession contract.  The phases concerned, inter alia, the correct interpretation of the parties’ rights and obligations under a long-term agreement for the appraisal and development of two large oil and gas fields, and a claim for multi-billion dollar damages for the wrongful prevention of the right to develop those fields.  The Tribunal was chaired by Lord Hoffmann (sitting alongside Lord Collins and John Beechey).  There were several substantive hearings, and the Tribunal issued a number of Partial Final Awards, before the dispute finally settled in late 2017.
• Confidential LCIA Arbitration
  Acting, with Gordon Pollock QC (liability phase) and Claire Blanchard QC (quantum phase), for the claimant in a multi-billion dollar claim arising out of farm-out of an interest in two giant oil and gas fields in the Middle East.  The Tribunal was chaired by William Rowley QC (sitting alongside Sir Mark Potter and Dr. Kamal Hossain).  There were a number of interlocutory hearings, both before the Tribunal and the Commercial Court, as well as a substantive liability hearing, leading to a Partial Final Award on liability, in early 2015.  The dispute settled in November 2015, shortly before trial of the quantum phase.

• Dana Gas PJSC v Dana Gas Sukuk Ltd and others [2018] EWHC 278 (Comm); [2018] EWHC 277 (Comm)
  Acting, with Richard Gillis QC, for the claimant in a dispute involving a number of major financial institutions, about US$800 million advanced under an Islamic financing agreement.
• Re: Lehman Brothers International (Europe) (In Administration) [2009] EWHC 3228 (Ch)
  Acting as sole counsel for one of a number of respondents in a significant case about how client assets were, in light of the administration of Lehman Brothers, to be treated and distributed in accordance with FSA client money rules.
• Financial Services Compensation Scheme v (1) Abbey National Treasury Services Ltd (2) NDF Administration Ltd (Ch)
  Acting, with Daniel Toledano QC, for the second defendant to a claim by the FSCS arising out of the alleged mis-selling of Structured Capital at Risk Products (SCARPS).
• Johnston & Ors v Prudential Assurance Company Ltd (QB)
  Acting, as sole counsel, for Prudential in a claim by various investors arising out of the alleged mis-selling of financial products. The claim involved consideration of the applicable regulations as well as the liability of a firm for the actions of an employee.

• Instructed in 2019 for the claimant in a claim alleging the misappropriation of substantial sums of money invested in a project to a build a five star hotel in the Middle East.
• Apax Global Payment & Technologies Ltd v Morina & Ors (Ch)
  Acting, with Stephen Auld QC, in an application for worldwide freezing injunctions against the five former directors and shadow directors of Apax Global. The background was a US$8m fraud perpetrated by Apax Global against Sportingbet Plc.
• Templeton Insurance Ltd v Surety Guarantee Consultants Ltd and others
  Acting for Templeton Insurance Ltd in relation to a series of claims arising out of the custodianship of its former management team. Templeton alleged that that team (in particular its former Chairman) had diverted assets belonging to Templeton to  number of third parties, which generated claims against various corporate and individual persons.  
• Odyssey Entertainment Ltd (In Liquidation) v Kamp [2012] EWHC 2316 (Ch) 
  Acting for the claimant film distribution company in a claim for breach of fiduciary duty against its former Chairman and CEO.  The case involved the diversion of corporate opportunities.

As well as cases involving the particular expertise discussed elsewhere, Daniel has been instructed in cases across the spectrum of commercial law, including sale of goods, supply of services, shareholder disputes, breaches of joint venture agreements, agency, share sale agreements and warranty claims.  Examples include:

• Asprey Capital Ltd v RediResi Ltd [2021] EWHC 2662 (Comm)
  Appearing as sole counsel for the claimant in a claim for over £2.5m arising out of breach of a joint venture agreement to acquire and sell real property. 
• Advinia Care Homes Ltd v Bupa (Ch) [2020] EWHC 1563 (Ch); [2020] EWHC 3607 (Ch)
  Acting (first with a leader and subsequently as sole counsel), for the claimant in proceedings in the Chancery Division arising out of the acquisition by the Advinia Health Care Group of a large part of the care homes business formerly owned by the Bupa Group.
• British Sky Broadcasting Ltd v Thomson Broadband Ltd (Comm)
  Acting, with John McCaughran QC, for the claimant, in a multi-million pound claim under the Sale of Goods Act 1979 for damages for the manufacture of defective set-top boxes.
• Armstrong World Industries Ltd v HFD Ltd and others (Comm)
  Acting for the claimant in a claim for damages for the supply of allegedly defective flooring products.
• Andre v Clydesdale Bank Plc [2013] EWHC 169 (Ch)
  Acting, with Norman Palmer QC, for the claimant in a claim for substantial damages for breach of a contract of bailment.
• Venture North Sea Gas Ltd v Nuon Exploration & Production UK Ltd [2010] EWHC 204 (Comm)
  Acting, with Andrew Lenon QC, for the claimant in a claim for specific performance of a sale and purchase agreement for interests in producing fields and exploration blocks in the North Sea. 
• Acacia Properties Ltd v Sgoluppi (Ch)
  Acting, with Anthony de Garr Robinson QC, for the claimant in a claim arising out of the construction of a housing development and the refusal of the defendant landowner to complete transfer of the same.  

• Confidential LCIA Arbitration (2013 – 17)
  Acting, with Constantine Partisides QC, for the claimant in a multi-billion dollar claim for damages against a host government for preventing the development of two very large oil and gas fields.  The claim involved extensive consideration of methods of developing oil and gas fields, including the collection of seismic data, the drilling of wells, installation of processing facilities and construction of pipeline and other infrastructure.  The dispute also involved a counterclaim by the government for alleged defective construction of an early processing facility.
• National Grid Plc v British Telecommunications Plc (TCC)
  Acting for the defendant in a long-running dispute about liability for a gas explosion caused by a fracture to an underground gas pipe.  The dispute concerned the nature and cause of the fracture and issues around the effect of various environmental and other events on the integrity of iron pipes.
• Shepherd Homes Ltd v Encia Group Ltd [2007] EWHC 1710 (TCC)
  Acting, with David Cavender QC, for the claimant in a 5 week trial in the TCC. The claim arose out of damage to properties on a new housing development, caused by defective construction of the piled foundations.  The trial involved consideration of extensive engineering and geological expert evidence.
• Acacia Properties Ltd v Sgoluppi (Ch)
  Acting, with Anthony de Garr Robinson QC, for the claimant in a claim arising out of the construction of a housing development and alleged defects with the same.

Daniel has extensive experience of energy disputes, having acted, between 2010 and 2018, in three separate multi-billion dollar oil and gas arbitrations.  Since then he has been instructed in a number of other energy related matters including, with Claire Blanchard QC, in two related claims (for a combined total of c.US$245m) for breach of long-term gas supply agreements.  He is currently instructed as sole counsel in a dispute between parties to a joint operating agreement in relation to assets in the UK Continental Shelf.  Through these cases, a number of which spanned several years, Daniel has gained considerable knowledge of the oil and gas industry, including about the collection of seismic data; the PRMS system for measuring reserves and resources; methods of developing oil and natural gas and its by-products (condensate and LPG); markets; pricing; and transportation, including LNG and pipeline infrastructure.  Daniel is named in Legal 500 as a leading junior in energy disputes. 

• 2021 –
  Daniel is currently instructed in a substantial dispute between parties to a joint operating agreement in relation to oilfields located in the UK Continental Shelf.
• UNCITRAL BIT Arbitration (2020 – )
  Currently acting, with Alison Macdonald QC, for the claimant in a claim for US$225m arising out of breach of a bilateral investment treaty in the context of mining operations in North Macedonia.
• Confidential ad hoc Arbitrations (2020 – 21)
  Acting, with Claire Blanchard QC, for the respondent to two substantial claims (one for US$181m and the other for US$63m) arising out of the alleged breach of long term gas supply agreements.
• Confidential LCIA Arbitration (2017 – 18)
  Acting, with Lord Falconer QC, for the claimant in a multi-billion dollar dispute about the alleged breach of a joint venture agreement for the development of extensive oil and gas assets. The dispute raised numerous technical issues around the extent of hydrocarbon resources at the relevant fields, as well as the appropriate way to develop those resources in accordance with international petroleum industry practice.  Daniel cross-examined several witnesses during the lengthy final hearing, including geological and field development experts.
• Confidential LCIA Arbitration (2013 – 17)
  Acting, with Constantine Partisides QC, for the claimant in a multi-billion dollar claim for damages against a host government for preventing the development of two very large oil and gas fields.  Among other things, the claim raised issues as to the amount of oil and gas (and associated condensate and LPG) contained in the fields, alleged deficiencies with an early processing facility, markets and pricing, and the considerations (both political and technical) relevant to the export of oil and gas from a landlocked country.
• Confidential LCIA Arbitration (2010 – 15)
  Acting, with Gordon Pollock QC (liability phase) and Claire Blanchard QC (quantum phase), for the claimant in a dispute arising out of a farm-out of an interest in two giant oil and gas fields in the Middle East.  The claim was for multi-billion dollar damages, and the quantum phase involved numerous technical issues about the extent, means of developing, and value of the relevant hydrocarbon resources.  
• Venture North Sea Gas Ltd v Nuon Exploration & Production UK Ltd [2010] EWHC 204 (Comm)
  Acting, with Andrew Lenon QC, for the claimant in a claim for specific performance of a sale and purchase agreement for interests in producing fields and exploration blocks in the North Sea.

• Apax Global Payment & Technologies Ltd v Morina & Ors (Ch) (worldwide freezer)
  Acting, with Stephen Auld QC, in an application for worldwide freezing injunctions against the five former directors and shadow directors of Apax Global. The background was a US$8m fraud perpetrated against Sportingbet Plc. The application involved several subsidiary issues such as jurisdiction, permission to serve out of the jurisdiction, and permission to serve by an alternative method. 
• Meldex International Plc v Trevillion (Ch) (security for costs; enforcement of cross-undertaking)
  Acting, with David Cavender QC, in an application to strike out the claim against the first defendant; alternatively for security for costs. Daniel subsequently appeared on his own in an application to enforce a cross-undertaking pursuant to a freezing injunction which the claimant had obtained at an earlier stage in the proceedings. 
• K.C.C. Ltd v Leeways Packaging Services Ltd (Bristol Mercantile Court) (security for costs)
  Acting, as sole counsel, for the claimant in an application by the defendant for security for costs. The application involved consideration of the circumstances in which the directors/shareholders of an impecunious company must (in the context of an allegation of stifling) disclose their ability and willingness to meet any order for security.
• Data Leisure Ltd v London Events Ltd (Ch) (re-conveyance of security)
  Acting, as sole counsel, for the claimant in an application for an order that the defendant re-convey shares in, and relinquish possession of, a London nightclub.
• Day to Day Teachers Ltd v Susan Wright (Ch) (delivery up of confidential information)
  Acting, as sole counsel, for the claimant in an application for an order that the defendant deliver up confidential information belonging to the claimant, which information was being employed in a rival business.

• Confidential LCIA Arbitration (2019) 
  Acting for the claimant minority shareholder in a multi-million dollar dispute arising out of a joint venture agreement for the operation of an international foundry business.  The issues involved exclusion of directors from board meetings, breach of the minority shareholder’s right to approve certain transactions, and a claim for substantial damages.
• Confidential LCIA Arbitration (2017 - 18)
  Acting, with Lord Falconer QC, for the claimant majority shareholders in a multi-billion dollar dispute arising out of a joint venture agreement for the operation of an oil and gas business.  The claim alleged irremediable breach of the minority shareholder’s rights under the joint venture agreement, and sought a transfer of the majority shareholders’ shares as a remedy.
• Odyssey Entertainment Ltd (In Liquidation) v Kamp [2012] EWHC 2316 (Ch) 
  Acting for the claimant film distribution company in a claim for breach of fiduciary duty against its former Chairman and CEO, in the context of a breakdown in relations between the shareholders.