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Biography
Claire Irwin is a dispute resolution lawyer based in London. She focuses on commercial litigation, arbitration and alternative dispute resolution.
Claire advises on complex, high value litigations in the English courts and international arbitrations conducted under institutional bodies such as the LCIA and the ICC and ad hoc arbitrations under UNCITRAL rules. She has advised on investment treaty arbitration and claims for state immunity and has experience of alternative dispute resolution (in particular mediation and expert determination).
Claire previously worked in the legal team at a major utility and international trading business in the UK advising on disputes before the English courts.
Professional experience
Collapse all- Solicitor, qualified in England & Wales
Advising:
- The client - in relation to a dispute under a long-term North Sea gas sale and purchase agreement. An appeal on three preliminary issues was heard by the Court of Appeal in October 2020.
- The client - in relation to a dispute under a gas sale and purchase agreement for the future offtake of gas from the Cotton field in the North Sea. This matter resulted in a favourable settlement.
- An international mining company and its ten subsidiaries - in respect of multimillion dollar claims brought by two Claimants under a long term tripartite supply agreement which proceeded under UNCITRAL arbitration before a three arbitrator panel. The dispute involved issues arising under the Sale of Goods Act and obligations in a commercial context to supply goods which are fit for purpose and of satisfactory quality.
- Adamantine, a frontier exploration company, in Adamantine Energy (Kenya) Limited v Bowleven (Kenya) Limited [2016] EWHC 130 (Comm) - in relation to a dispute with a farm-in partner under the English law governed SPA and JOA for an onshore block in Northern Kenya. The dispute related to a 'drill or drop' decision and the transition to the next period of exploration under the PSC. The claim proceeded in the English court under the abbreviated Part 8 procedure. Judgment was obtained within seven months of issuing proceedings.
- A North Sea field operator - in relation to a dispute arising under a unitisation and unit operating agreement with respect to a field in the UKCS in relation to the costs recoverable by an Operator as necessary for the conduct of joint operations. The dispute proceeded under an expert determination process.
- An upstream oil and gas company - in relation to a dispute which arose under a decommissioning security agreement (DSA) relating to a field in the UKCS. The dispute involved arguments over the obligations to prepare production profiles as a "Reasonable and Prudent Operator" (as defined in the DSA) in order to determine the Net Cost and the Net Value calculation under the DSA.
- An engineering and construction company - with respect to a claim for conversion which proceeded in the London Mercantile Court. The matter settled on favourable terms for our client the day before the hearing was due to commence.
- An offshore engineering and construction company - in respect of a multimillion dollar UNCITRAL arbitration claim brought by an offshore platform installation company in respect of the transportation and installation of the component parts of a drilling platform offshore Turkmenistan.
- Balli Group plc and its subsidiaries in Blue Sky One Ltd and Ors v Mahan Air [2009] EWHC 3314 - in which the Court considered issues relating to title to 3 Boeing 747 aircraft in the context of United States sanctions against Iran. In the same case ([2010] EWHC 631) the court considered the measure of damages for conversion of the 3 aircraft and the enforceability of aircraft mortgages applying the lex situs rule. Due to the complex and expedited nature of the litigation, the trial was heard in two phases with numerous interlocutory applications made by our client. Judgment in both phases was in favour of our clients. This remains the leading case on lex situs.
- Svenska in Svenska Petroleum Exploration v. The Government of Lithuania (proceedings to enforce an ICC arbitration award, both at first instance (Gloster J. ((2006) 1 Lloyd's Rep. 181)) and in the Court of Appeal ((2007) 2 WLR 876)). This remains the leading case on the scope of the arbitration exception in s.9, State Immunity Act 1978.
Insights
Court gives limited interpretation to express ‘good faith’ clause
Blog | February 27, 2023
Anti-suit injunctions to restrain proceedings in EU courts
Blog | February 21, 2023
Be careful what you promise: the Court's approach to an alleged oral contract
Blog | November 10, 2022