Professor Charles Debattista

Introduction

MA (Juris), University of Oxford

BA (Juris), University of Oxford

LL.D., Royal University of Malta

2004, Middle Temple

1978, Advocate at the Bar in Malta

Charles is a Professor of Commercial Law at the University of Southampton and an Associate Member and Arbitrator at chambers.

He qualified as an Advocate in Malta (1978) and is now registered with the Bar of England and Wales as a Registered European Lawyer. 

He regularly takes instructions for

• advisory work; 
• appointment as an arbitrator.
• advocacy before arbitral tribunals.
• court advocacy work in conjunction with other barristers in chambers.

 

Practice

Recent Opinions relate to the effect of "certificate final" clauses in an international sale of bio-fuels; the effect of a "shipping tolerance" in an international sale of coal; and an insurance company's title to sue a carrier under COGSA 1992. 

Charles has also provided expert evidence on English law to courts in Switzerland, the USA and Panama. He has also  acted as co-counsel before an ICC tribunal deciding a dispute on the rejection of documents in the sale of an oil cargo.

Arbitration experience

A very active arbitrator in international commercial disputes, Charles regularly takes appointments as an arbitrator under LMAA, GAFTA, FOSFA and ICC Rules and also in ad hoc references.

Charles has acted as a sole arbitrator, as a chairman and as party-appointed member of arbitral panels. 

He also regularly represents parties before Gafta and Fosfa Boards of Appeal.

Drafting Experience

In addition to arbitration work under ICC Rules, Charles is also closely involved in the regulatory work of the ICC. Thus, he chaired the international drafting committees on:

• Incoterms 2000.
• the ICC Force Majeure Clause 2003 and the ICC Hardship Clause 2003.
• the ICC 2004 E-Terms.

Charles is currently co-chair of the drafting group working on the Incoterms 2011.

More recently, he was a member of the international Consultative Group for the UCP for Documentary Credits (UCP600) 2007.  Charles is currently assisting the ICC with the drafting of the new version of Incoterms and with the new version of the Uniform Rules for Demand Guarantees.

Charles is Vice-Chair of the ICC's Commission on Commercial Law and Practice and a Member of its Banking Commission and of its Transport Commission.

Academic position and publications

Charles is Professor of Commercial Law at the University of Southampton and was Director of the Institute of Maritime Law between 2000 and 2002 and between 2007 and 2008. He has written extensively, most notably:

• The Rotterdam Rules: A Practical Annotation, Informa 2009, co-author
  
• Bills of Lading in Export Trade, Tottel Publishing, third edition January 2009
• Halsbury's Laws of England, vol 4, Carriage and Carriers; November 2008 
• Halsbury's Laws of England, vol 41, Sale of Goods and Supply of Services, 2005.
• Transfer of Property in International Sales (ICC-Paris, 1999), co-author.
• Halsbury's Laws of England, vol. 43(2), Shipping and Navigation, 1997, with Hardy Ivamy.
• Incoterms in Practice (ICC-Paris, 1995), co-author and general editor.
• Chorley & Giles' Shipping Law (Pitmans 1987), co-author.

His many articles have appeared in the legal journals and in the shipping press. Recent examples include:

The New UCP - Changes to the Tender of Shipping Documents under letters of Credit (2007) Journal of Business Law 329

Drafting Enforceable Arbitration Clauses [2005] 21 Arbitration International 233.

Demise Clauses in from the cold - or are they? - a note on The Starsin, (Lloyd's List, 21 February 2001).

Laytime and demurrage clauses in contracts of sale - links and connections [2003] Lloyd's Maritime and Commercial law Quarterly 508-524.

Straight bills of lading: a continuing saga in the English Courts Questions resolved, untouched and mooted by The Rafaela S in the published proceedings of the International Congress of Maritime Arbitrators, London 2004.

Charles's works have been cited in a number of Court decisions: in the House of Lords in The Rafaela S [2005] 2 AC 423 and in The Starsin [2003] 1 All ER (Comm) 625; and in the Court of Appeal in Singapore in Uco Bank v Golden Shore Transportation [2005] SGCA 42.

 

Education

MA University of Oxford (1983).

BA(Hons)(Juris), University of Oxford (1979).

Rhodes Scholar, St Edmund Hall, University of Oxford (1977-79).

LL.D., Royal University of Malta (1977).