Stone Chambers | Barristers

Philip Riches Shipping & Trade Profile

BA (Hons) History (First Class) Trinity College, Cambridge (1996)

CPE/Diploma in Law (2000)

MA (Cantab) (2000)

Bar Vocational Course (2001)

Inner Temple Major Scholarships, 1999 and 2000

Practice:

Philip Riches has a broad commercial practice and considerable advocacy experience in the Commercial Court, the Court of Appeal and in ICC, LCIA, SCC, HKIAC and LMAA arbitrations.

Philip’s practice covers a wide range of general commercial work including energy, arbitration, international trade and shipping, insurance, civil fraud and joint venture disputes. His work often focuses on jurisdiction disputes and on disputes from emerging markets, particularly Russia and China, and regularly involves applying for injunctions or other urgent relief.

Prior to being called to the Bar, Philip was based in China and Japan working in the commodities trade.

Languages: Advanced Spanish and French. Spoken Mandarin.

Recommendations:

Philip is recommended as a leading barrister for international arbitration: general commercial and insurance and as an up and coming barrister for commercial dispute resolution in Chambers & Partners and for international arbitration and fraud: civil in the Legal 500. Philip is also reommended in Chambers & Partners Global Edition for dispute resolution.

Philip Riches, a "personable and easy to work with" junior commended for his timely advice and excellent responsiveness. Riches has an impressive body of experience in freezing injunction litigation. (Chambers & Partners Global 2012)

Philip Riches is a top pick for arbitrations focused on issues of jurisdiction. He has a strong track record in Russia and China-related disputes, and is experienced in LCIA, ICC and LMAA proceedings. (Chambers & Partners 2012)

“…Philip Riches, who is considered to be “an exceptionally clever and hard-working young barrister.” He has worked on a number of Russia-related arbitrations and, as a speaker of Mandarin, is also attracting an increasing amount of work from China.”

Philip Riches, an up-and-coming junior who has impressed with his “prompt and commercial advice.” Riches’ practice has a significant international element as witnessed by his recent appearance in a USD400 million dispute arising from a Kazakh bank’s loan guarantee.

Main Practice Areas:

International commercial litigation and arbitration
Jurisdiction and conflicts of law
Shipping and international trade
Energy
Civil Fraud

Cases of Note:

LMAA dispute over commission in a US$63 million shipbuilding contract involving the London/Hong Kong shipbroker, Korean buyers and a Shanghai shipyard. The dispute included issues as to jurisdiction, proper law, local Shanghai employment rules and English law’s treatment of shipbroking commission as well as tactical issues of the best jurisdiction in which to pursue the claim.
LMAA arbitration concerning insurance claim in respect of grounding of bulk carrier off Eastern USA raising significant issues as to scope of marine insurance policies and expert evidence as to damage caused by grounding.
Hong Kong International Arbitration Centre US$1.5 million dispute concerning alleged frustration in relation to Government Port Authority restrictions at Indian port. The case raised significant questions as to the calculation of damages and as to the nature of a State authority’s pronouncements on port entry restrictions.
LMAA dispute concerning fire in hold of vessel off Shanghai. The arbitration has raised procedural issues over the meaning of the LMAA procedural provisions for interim awards and the nature of amendments in arbitration as well as substantive issues regarding apportionment of responsibility between Owners and Charterers as regards deck welding and fire on board.
Commercial Court dispute arising out of breached ship financing contract and subsequent litigation pursuing the debt in the Singapore High Court and in Luxembourg. Judgment successfully obtained following Unless Orders in relation to provision of information regarding Luxembourg banking arrangements.
Dispute arising out of disputed discharge in Rizhao, China, and exercise of lien by Owners. A significant question arose as to whether agreement had been reached for settlement of the dispute by way of payment into escrow. Issues as to agreement and as to jurisdiction and applicable law in relation to determination of the question on the settlement agreement.
Three multi-million dollar Commercial Court disputes concerning container hire and involving issues arising out of expert evidence as to damage.
Commercial Court claim for restitution of US$2 million following overpayment of demurrage under mistake of fact or law.
Acting for Chinese shipyard in 4 major LMAA arbitration disputes with German buyers of vessels regarding delayed delivery following Typhoon Morakot in 2009.
Stockholm Arbitration (ongoing) - US $415m joint venture dispute arising out of development of Ukranian gas fields.
Dispute concerning US$20 million pay out under investment agreement relating to Turkish oil field project, brought against the company leading the development of shale gas extraction under Paris.
LMAA Arbitration (ongoing): acting for a state-owned Chinese chemical company in a LMAA dispute with an Indian commodities supplier.
O v T [2009]: Commercial Court dispute arising out of arbitration concerning the extent of the Court's powers under s.44(3) of the Arbitration Act 1996 to grant urgent interim relief in support of arbitral proceedings relating to a failure to discharge cargo in Saudi Arabia.
LCIA Arbitration (2008): LCIA dispute concerning the bulk cargo rice trade between China and West Africa and a related appeal to the Singapore Court of Appeal (with Steven Gee QC).
Philip acted on behalf of the Brazilian state oil major in this multi-million dollar Commercial Court dispute concerning delivery of oil off Singapore. The dispute involved in particular issues of forseeability of damages following the House of Lords’ Achilleas judgment.
Acting in a number of LMAA arbitrations arising out of Contract of Affreightment disputes concerning serious market instability in late 2008.
4 months spent with Holman Fenwick & Willan, Shanghai, 2007 - worked on a number of China-related LMAA and other international commercial arbitrations.
Alphapoint v Rotem Amfert Negev Ltd (“Agios Dimitrios”) [2005] 1 Lloyd’s Rep 23: Commercial Court application under ss.68 and 69 of the Arbitration Act.
Triton Navigation Ltd v Vitol SA (“The Nikmary”) [2004] 1 Lloyd’s Rep. 55 (CA), [2003] 1 Lloyd’s Rep. 151: Court of Appeal and Commercial Court dispute with Vasanti Selvaratnam QC regarding the obligation of a charterer to deliver cargo.

Development and Governance Work:

Philip regularly advises in cases raising jurisdiction and conflicts of law issues in trans-national disputes, particularly advising victims of corporate wrongs in the developing world (including climate change and pollution victims) on bringing claims in the English courts. He also advises on issues arising out of resources exploitation in developing countries, including recently advising the Afghan Government in relation to the terms governing the award of mining concessions in the country.
Building on his previous development work with the Rwandan Ministry of Justice, Philip has co-founded and is a Director of the Africa Justice Foundation (www.africajusticefoundation.org).
Philip is also a Director of the ICE Coalition – which works to promote international environmental governance (in particular within the Rio + 20 and UNFCCC process) and to develop the case for an international court for the environment (www.icecoalition.com).