Alistair Schaff QC practises as a barrister specialising in international commercial law, primarily as an advocate but also in an advisory capacity and (increasingly) as an arbitrator. He is a leading commercial Silk, particularly in the fields of insurance and reinsurance, international arbitration, professional negligence and shipping/international trade.

During 2011 and 2012, he has been involved in a number of very significant cases. He acted in the long-running jurisdictional contest known as the Masri litigation. He acted for insurers in the major piece of commercial court litigation surrounding Standard Life’s Sterling Pension Fund and its claim under its professional liability policy, a claim now going to the Court of Appeal. He acted for insurance brokers in another major piece of commercial litigation involving the alleged loss of gold bullion in Turkey and its disputed insurance coverage. And he has recently appeared in the Privy Council, on appeal from the Guernsey Court of Appeal, in a very significant case involving the discount rate to be applied to lump sum awards for personal injuries. Although outside his normal area of practice, this latter case exemplifies both the range of his abilities and his refusal to limit his work to discrete areas of specialisation.

In 2009, he was named the Chambers Bar Awards Insurance Silk of the Year. Landmark successes included the seminal decisions of the House of Lords in Wasa v Lexington [2009] UKHL 40 and of the Commercial Court in Equitas v R&Q [2009] EWHC 2787 (Comm)

As an advocate, he has argued cases before the European Court of Justice, the Supreme Court, the House of Lords, the Privy Council and the Court of Appeal and makes frequent appearances in the Commercial Court and in commercial arbitrations, both in London and overseas, and whether in long complex trials or arbitrations involving lengthy cross-examination of factual witnesses or experts or in short interlocutory hearings involving difficult points of law.

At the pre-trial stage, he operates a very ‘hands-on’ approach to his cases. He believes that being an advocate is not just about presenting a case in court or in arbitration but is also about being involved in, and being on top of, a case from an early stage and about helping to shape its eventual outcome through the necessary tactical, procedural and evidential decisions on the way. He is both accessible and ‘user-friendly.’

He accepts appointments in all manner of commercial arbitrations, with increasing experience as an arbitrator in (re)insurance and shipping matters.

He has also acted as an expert on English law for use in foreign proceedings and has appeared as counsel before the Court of Final Appeal in Hong Kong and the Supreme Court of Gibraltar. He is a member of the Commercial Court Users Committee.

Joint honours (1st class) in history and law at Magdalene College, Cambridge

Alistair Schaff Q.C. regularly accepts appointment as arbitrator in all types of commercial disputes.

He has been appointed as sole or party appointed arbitrator in ICC, LCIA, LMAA and Ad Hoc references.

• Insurance & Reinsurance
• Arbitration
• General Commercial Disputes
• Professional Negligence
• Shipping
• International Trade
• Jurisdiction/Conflicts of Laws

Alistair Schaff QC has a pre-eminent insurance and reinsurance practice. In 2009, he was named the Chambers Bar Awards Insurance Silk of the Year.

Standard Life v Ace [2012] EWHC 104 (Comm) involved a claim for £100m on Standard Life’s professional liability policy in respect of a cash injection made to top up the value of the Pension Sterling Fund as a result of falls in value in the Fund. Alistair Schaff QC acts for the insurance market. The litigation raises significant issues of fact and law, including the scope of Mitigation Costs coverage in a professional liability policy and novel and difficult questions of apportionment where mitigation costs are alleged to have been incurred for both insured and uninsured purposes. Although Standard Life succeeded at first instance, the case is going on appeal.  

Two recent landmark victories were for the successful reinsurers in the leading case of Wasa v Lexington [2009] UKHL 40 in which the House of Lords considered the nature of a ‘back to back’ facultative reinsurance contract and held that reinsurers were not liable to indemnify the reassured in respect of an underlying liability for property damage which had occurred outside the policy period (see [2010] J.B.L. page 9 for an article which he has written on this case); and for Equitas in Equitas v R&Q  [2009] EWHC 2787 (Comm) in which Gross J. upheld the use of actuarial models as a means of kick-starting the LMX spiral in the aftermath of the incorrect aggregation and/or settlement of KAC / BA and Exxon Valdez losses.

Other selected cases:

• Orient Express Hotels v Generali [2010] EWHC 1186 (Comm) which involved business interruption claims arising out of Hurricanes Katrina and Rita, the 'other circumstances' clause and the vexed question of wider 'vicinity' damage (the case was appealed to the Court of Appeal but settled).  
• Mopani Copper Mines v Millennium [2009] Lloyd’s Rep IR 158, which involved principles of construction concerning the admissibility of deleted words.
• Enterprise v Strand [2006] 1 LLR 500 in which he acted for the successful reinsurers in litigation involving the liability section of an energy policy.
• CGU v Astrazeneca [2006] Lloyd’s Rep. IR 409 which involved the scope of a ‘back to back’ reinsurance.
• GE Re v New Hampshire / Willis [2004] Lloyd’s Rep. IR 404, a film finance case in which he acted for the successful Claimant whose declining of liability on grounds of breach of warranty was upheld.
• Super Chem Products Ltd v American Life & General Insurance Co. Ltd [2004] Lloyd’s Rep. IR 446, in which he acted for the successful insurers on an appeal from the Court of Appeal of Trinidad and Tobago to the Privy Council in a case which upheld the insurers’ right to rely on timebar and claims co-operation conditions to deny liability for a claim on fire policies.
• Jan de Nul v Royale Belge [2002] 1 LLR 583 (CA) in which he acted for the successful insured who claimed under a third party liability policy in respect of liabilities for negligence and nuisance.
• Kingscroft v Nissan [1999] Lloyds’ Rep. IR 603, in which he acted for the successful Weavers stamp companies in their claim against their quota share reinsurers in a case which raised important issues as to how underwriting pools operated.
• Royal Boskalis Westminster v Mountain [1997] 2 All ER 929 (CA) in which he acted for the successful insurers in a claim involving illegality and duress arising out of the first Gulf War. 
• The State of the Netherlands v Youell [1998] 1 LLR 236 (paint damage to submarines and issues of sue and labour).
• Fraser v Colton [1997] 1 LLR 586 (marine insurance  - total loss)

Alistair Schaff QC has a major international arbitration practice. He has acted as Counsel in arbitrations in London for over 25 years and increasingly practises overseas, including in the Far East and in the Caribbean. He is actively involved in a number of significant Bermuda Form arbitrations concerning pharmaceutical products.  He regularly sits as a commercial arbitrator.

Selected cases:

• On behalf of a Middle East government in a major ICC arbitration involving the successful defence of a two billion dollar dispute concerning an oil production sharing agreement with oil majors.
• On behalf of political risk underwriters in an LCIA arbitration concerning energy business in Argentina.
• On behalf of Far Eastern hotel resorts in Singapore and Bangkok arbitrations arising out of business interruption losses consequent on the tsunami.
• On behalf of personal accident reinsurers in a London reinsurance arbitration concerning the personal accident spiral.
• On behalf of London market insurers concerning hurricane damage in the Caribbean.
  

Although a personal injury action would not normally be regarded as a ‘commercial dispute,’ Alistair Schaff QC was instructed by the insurance market in what could potentially be a landmark ruling on the discount rate in relation to the award of lump sum damages. In Helmot v Simon, the Guernsey Court of Appeal had assessed damages by reference to an unprecedented negative discount rate which had the effect of increasing the multiplier to unprecedented levels. The Privy Council has recently upheld the Court of Appeal decision.

Alistair Schaff QC recently acted in a major dispute involving Forward Freight Agreements. An important issue arose as to whether a settlement agreement could be construed in the light of statements allegedly made in the course of ‘without prejudice’ negotiations. The Supreme Court has held that they can be relied on for that purpose, reversing the Court of Appeal who had ruled to the contrary. Oceanbulk v TMT [2010] 3 WLR 1424 is an important authority on the (reduced) scope of the ‘without prejudice’ rule.

On a more general commercial level, in Great North Eastern Railway v Railcare (judgment July 2003), he acted for the successful claimant in its claim for substantial damages for negligence against a supplier of rail parts arising out of a derailment, vindicating a very substantial claim of approximately £3m in the face of an unsuccessful plea of contributory negligence.

Professional negligence experience involves claims against solicitors accountants/auditors and insurance brokers.

Alistair Schaff QC has recently been acting for insurance brokers in a major piece of commercial litigation concerning the alleged loss of over $400m worth of gold in Turkey and the disputed insurance arrangements surrounding that gold. The action involved complex issues of foreign law, coverage, brokers’ duties and fact.

Selected cases:

• Environcom v Miles Smith (2011). The brokers had been found not liable on grounds of causation. The appeal was dismissed, essentially because the pleadings did not support the case sought to be argued. 
• Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd's Rep. IR 149.  Acting for Nationwide Building Society in a professional negligence action against insurance brokers in a case raising issues as to the extent of brokers’ duties, contributory negligence and causation of loss.

In the shipping context, he has over 25 years of experience in litigation and arbitration, beginning with demurrage disputes and culminating in several of the leading cases on shipping law.

Selected cases:

• MacWilliam v Mediterranean Shipping Company (The “Rafaella S”) - He successfully represented the cargo claimants in  in what is now the leading case on the status of ‘straight’ bills of lading made out to a named consignee without the addition of the words ‘to order.’ Overturning the first instance judge (who, in turn, had upheld the decision of the arbitrators), the Court of Appeal held in [2004] QB 702 that ‘straight’ bills of lading are nonetheless ‘bills of lading’ for the purposes of the Hague-Visby Rules. The House of Lords upheld the Court of Appeal’s decision: [2005] 2 AC 423.
• Carewins v Bright Fortune (FACV no 13 of 2008) - He has recently successfully represented the cargo claimants before the Court of Final Appeal in Hong Kong in a decision which not only reaffirms the presentation rule for ‘straight’ bills of lading but holds that an exceptions clause which excludes liability for the consequences of ‘misdelivery’ is not to be construed as protecting the carrier for breaching the presentation rule.
• Effort Shipping v Linden [1998] AC 605 - In this shipping case which went to the House of Lords, he acted for the successful shipowners in what is the leading case on dangerous cargoes.

He has considerable experience in all manner of maritime and international trade disputes, ranging from letters of credit disputes, international sale of goods disputes and offshore oil and gas platform disputes.

Selected cases:

• Glencore v Metro / Alpina [2001] 1 LLR 283 and [2004] 1 LLR 111 (theft of oil in floating storage).
• Huyton v Cremer [1999] 1 LLR 620 (a case on economic duress)
• In McFarlane v Caledonian [1994] 1 LLR 16  and Hegarty v Caledonian [1997] 2 LLR 259, he acted for the operators of the ‘Piper Alpha’ platform in respect of negligence actions involving the ‘Piper Alpha’ explosions.
• Mannesmann v Kaunlaren [1993 1 LLR 89) ( a letter of credit case).

He has always enjoyed and is experienced in handling difficult jurisdictional issues.

In 2011, he acted in the long-running Masri litigation in connection with difficult issues concerning the scope and application of Articles 27 and 28 of the Brussels 1 Regulation.

Other selected cases:

• Equitas v Allstate [2009] Lloyd’s Rep. IR 227.
• Metro litigation (see, by way of example, [1999] 2 LLR 724)
• The “Tatry” / “Maciej Rataj” [1999] 2 WLR 181, in which he represented cargo interests before the European Court of Justice in the leading case involving Articles 21 and 22 of the Brussels Convention.
• Surzur v Koros [1999] 2 LLR 611 (a Court of Appeal decision on conspiracy by unlawful means) arose in a jurisdictional context, as did:
• Ocarina v Marcard Stein [1994] 2 LLR 524, the latter then proceeding into a major trial between the bank and its customer which was only concluded on appeal in 1999.
  

• "a titan of the Reinsurance Bar”, who "remains in his prime and is moving into the superleague” Chambers and Partners 2011

• "palpable confidence and great legal knowledge”  Chambers and Partners 2011
  

• "a charming but deadly opponent.” Chambers and Partners 2011
  

• "a nice, relaxed style in court, which judges seem to appreciate” Chambers and Partners 2011

• "has a confidence borne of experience, and an ability to express himself with clarity on any point” Chambers and Partners 2011
  

•  “the unbelievably impressive.”  Legal 500 2010

• Alistair Schaff Q.C. is "a highly intellectual lawyer who is most assured in court” and more than capable of handling matters in the energy sector. Chambers  and Partners 2010

• A silk who could not be praised more highly. In addition to being "a powerful, compelling and smooth advocate” he is described as "exceptionally sharp, knowledgeable and a pleasure to deal with.” Chambers  and Partners 2010

• Leading practitioner Alistair Schaff Q.C. is "simply terrific and certainly someone to recommend” for insurance and reinsurance matters. His continued experience in LCIA and ICC arbitrations, encompassing disputes around the world, is widely respected.” Chambers  and Partners 2010

• Alistair Schaff Q.C. is another lawyer that solicitors are desperate to have in their corner. A leading silk in marine insurance disputes, he is "a fantastically able, personable and determined practitioner.” Chambers  and Partners 2010

• Alistair Schaff is noted for his "subtle style” - so suddenly does he produce an unravelling analysis that one is left trying to keep up.  Chambers  and Partners 2009

• He impresses instructing solicitors with his "powerful but respectful advocacy, which causes real problems for opponents.”  Chambers  and Partners 2009

• Alistair Schaff Q.C. is "expectional, charming” and "focuses on the main points and doesn't get distracted.”   Legal 500 2009

• Alistair Schaff Q.C. is "first rate”   Legal 500 2009

• Alistair Schaff Q.C. "has a disarming way of cross-examining.”  Legal 500 2009

• Alistair Schaff Q.C. is “now firmly established as a leading shipping silk” Legal 500 2009

• "brilliant” Alistair Schaff Q.C., is "superb on drilling contract issues and energy-related insurance claims in foreign jurisdictions.” An "all-rounder,” he applies considerable shipping and insurance expertise to oil and gas-related litigation.  Chambers  and Partners 2008

• Alistair Schaff Q.C. won plaudits from peers and solicitors alike for his "understated but highly effective style.” This "thorough and hard-working” silk "gets straight to the point,” but also "knows how to charm an arbitration panel.” Chambers  and Partners 2008

• The "unbelievably talented and clinical” Alistair Schaff Q.C. has most experience in the areas of international reinsurance and shipping: "He is able to singlehandedly break a case, never panics and deals remarkably well with the unexpected.”   Chambers  and Partners 2008

• Interviewees inform us that this "thoroughly modern, client-oriented” barrister is "a fantastic cross-examiner, who is able to build an argument pebble by pebble until witnesses face a stonewall.”   Chambers  and Partners 2008

• Alistair Schaff Q.C.'s "great advocacy” and ease of use make him popular in shipping and connected insurance and reinsurance matters.  Chambers  and Partners 2008

• the "formidable” Alistair Schaff Q.C. has appeared in an array of arbitrations.   Legal 500 2008

• Alistair Schaff Q.C. "combines intellect with industry knowledge”   Legal 500 2008

• Alistair Schaff Q.C. is "a real specialist” and is "a very clever, impressive advocate.” Legal 500 2008

• Alistair Schaff Q.C. is seen by observers as a leading silk in the making. "Extremely bright,” he "works hard” and "likes to win.” Chambers  and Partners 2007

• Interviewees praise Alistair Schaff Q.C. as an "exceedingly bright, effective advocate,” especially for shipping, insurance and reinsurance matters.   Chambers  and Partners 2007

• Alistair Schaff Q.C. is "now firmly established as a leading silk in this area” and, with a broad practice in dry shipping and arbitration, is described as "hands-on,” "very popular” and "excellent.” Legal 500 2007

7KBW wins four Chambers Bar Awards 2009 - Thursday 01 October 2009

7KBW  has once again featured prominently in the Chambers Bar Awards this year, winning all three awards in the Insurance sector - Set of the Year, Silk of the Year (Alistair Schaff QC) and Junior of the Year (Siobán Healy).