Jawdat specialises in all aspects of commercial law, with particular emphasis on insurance and reinsurance, banking and commercial fraud, shipping and international trade, arbitration law and civil jurisdiction, as well as general contractual disputes.  He acts both in an advisory capacity and as an advocate, or as part of a team of advocates, in contentious litigation in court and in international arbitrations.  

Jawdat operates a very ‘hands-on’ approach to his cases and is both accessible and ‘user-friendly’.  He is recommended as a leading junior in the field of insurance and reinsurance by Chambers and Partners, Legal 500 and Legal Experts. 

Jawdat was educated at Cranleigh School (1984-89) and then at St. Catherine’s College, Oxford (1990-93) where he obtained a First Class Honours degree in Jurisprudence and was awarded the Richards Butler Prize for the best performance in the International Trade paper in finals.  He was also awarded the Denning Scholarship and a Sir Thomas More Bursary by Lincoln’s Inn (1993-94).

Jawdat was called to the Bar in 1994 and joined Chambers the following year after the successful completion of his pupillage.  He has lectured in contract law at St. Catherine’s College, Oxford (1994-96) and is a member of the Commercial Bar Association (Combar), the London Common Law and Commercial Bar Association (LCLCBA), the British Insurance Law Association (BILA) and the London Shipping Law Centre (LSLC).

• Agency
• Arbitration
• Banking and Finance
• Carriage of Goods
• Commercial Fraud
• Energy & Natural Resources
• General Commercial Disputes
• Insurance & Reinsurance
• International Trade
• Jurisdiction/Conflicts of Laws
• Professional Negligence
• Sale of Goods
• Shipping

Given the nature of his commercial practice, Jawdat is often asked to advise upon and address issues of agency.

The majority of the disputes with respect to which Jawdat is instructed are determined in arbitration.  Jawdat also regularly advises on points of arbitration law and appears on applications under the Arbitration Act 1996.  Recent cases include:

 Selected cases:

• Noble Denton Middle East -v- Noble International (2010).  An application to appoint an arbitrator pursuant to section 18 of the Arbitration Act 1996, which raised issues as to the scheme of the Act and the appropriate test to be applied on a section 18 application.
• Caisse Nationale de Prévoyance -v- Croft (2010).  An application to remove a sole arbitrator for apparent (not actual) bias under section 24 of the Arbitration Act 1996.  The arbitrator had at one time been the run-off manager of a co-reinsurer of one of the risks in issue in the arbitration, but had not underwritten the risk himself or personally been involved in its run off.  Gross J decided that, as some negotiations with the co-reinsurer had taken place ‘on his watch’, there was still a real risk of bias.
• A claim in arbitration (2010) brought by an energy company and its captive insurer in connection with the cracking and severance of a structural brace on a major offshore platform.
• A claim in arbitration (2010) brought by a bank against its political risks insurers in connection with the failure by a State-owned storage facility to store a cargo of petroleum products in favour of the bank until such time as it received instruction from the bank to release the same.
• A claim in arbitration (2010) brought by a steel trader against its insurers under a policy of export credit insurance upon the failure by a supplier to ship goods under an underlying contract with the trader.
• Claims in arbitration (2010, 2009 and 2007) brought by reinsureds against their respective reinsurers which raised various issues concerned with the writing of gross loss-making business in the PA LMX reinsurance market in the 1990s.
• Sun Life & Phoenix -v- Lincoln National [2005] 1 Lloyd’s Rep 606, CA.   A claim in arbitration by reinsureds against whole account reinsurers in connection with a portfolio of accident and health business, the reinsureds having previously made a claim against specific reinsurers.  The appeal from this arbitration concerned the effect in a reinsurance dispute of a previous award and defined the limits of issue estoppel.
• Sun Life -v- CX Reinsurance [2004] Lloyd’s Rep. IR 58, CA.  An application for a stay of Commercial Court proceedings under section 9 of the Arbitration Act 1996.  The application raised issues as to the formation of contract, incorporation of terms and the existence of arbitration agreement.
• Gold Medal -v- Hopewell (2001).  A claim in arbitration in Bermuda brought by the captive insurer of a large Minnesotan food producer against a Bermudian reinsurer in connection with the unlawful application of a pesticide in the US.  The case involved questions, as a matter of Minnesotan law, as to the proper construction of the underlying insurance contract, physical loss and damage, and mitigation; as well as questions, as a matter of Bermudian law, as to the conduct of the captive insurer’s defence.

Jawdat is often instructed to act in and advise upon banking and finance disputes, ranging from discrete disputes arising under letters of credit to multi-million disputes arising under more complex arrangements.

Selected cases:

• Advising a bank in relation to a possible fraud in a connection with US$25 million credit facility (2010).
• Deutsche Bank & Others -v- Asia Pacific Telecom (2009).  Commercial Court proceedings in which the new management of a Taiwanese mobile telecommunications company raised allegations of mis-selling and dishonest assistance against a major bank in connection with a US$210 million syndicated loan.
• Advising an international bank in relation to a credit default swap transaction (2008).
• HSBC -v- 5th Avenue Partners & Others (2006).  Proceedings before the Commercial Court in which private investors brought personal and proprietary claims against the perpetrator of a fraud and a major bank.
• Oceanic Bank and Trust Limited -v- MJ Select Global Ltd (2005).  A claim brought before the Supreme Court of the Commonwealth of the Bahamas by the official liquidator of MJ Select, a US$500 million international hedge fund, which raised issues of banking, regulatory and company law, as well as hedge fund management.
• Grupo Torras -v- Pictet Bank (2005).  A claim brought before the Supreme Court of the Commonwealth of the Bahamas against the Bahamian subsidiaries of a Swiss private bank which raised issues of banking and trust law, dishonest assistance and knowing receipt.

Carriage of goods disputes are a mainstay of Jawdat’s practice.  He regularly advises on and appears in disputes arising out of the loss or damage to goods or containers, the carriage of dangerous goods and the like.

Jawdat has acted in, and advised upon, a number of commercial fraud cases.

Selected cases:

• Advising a bank in relation to a possible fraud in a connection with US$25 million credit facility (2010).
• Deutsche Bank & Others -v- Asia Pacific Telecom (2009).  Commercial Court proceedings in which the new management of a Taiwanese mobile telecommunications company raised allegations of mis-selling and dishonest assistance against a major bank in connection with a US$210 million syndicated loan.
• HSBC -v- 5th Avenue Partners & Others (2006).  Proceedings before the Commercial Court in which private investors brought personal and proprietary claims against the perpetrator of a fraud and a major bank.
• Oceanic Bank and Trust Limited -v- MJ Select Global Ltd (2005).  A claim brought before the Supreme Court of the Commonwealth of the Bahamas by the official liquidator of MJ Select, a US$500 million international hedge fund, which raised issues of banking, regulatory and company law, as well as hedge fund management.
• Grupo Torras -v- Pictet Bank (2005).  A claim brought before the Supreme Court of the Commonwealth of the Bahamas against the Bahamian subsidiaries of a Swiss private bank which raised issues of banking and trust law, dishonest assistance and knowing receipt.
• R+V Versicherung -v- RISK Insurance & Reinsurance [2004] EWHC 2682 (Comm).  Commercial Court proceedings brought by reinsurers against insurance intermediaries to determine whether a senior underwriter at the reinsurers conspired to defraud his employers by putting in place binding authorities with the intermediaries that paid large sums by way of commission to the detriment of the reinsurers.

Jawdat has been instructed in a number of disputes concerning the offshore construction industry.

Selected cases:

• A claim in arbitration (2010) brought by an energy company and its captive insurer in connection with the cracking and severance of a structural brace on a major offshore platform.
• Acergy Shipping v Sobrena (2010).  Commercial Court proceedings brought by the owner of the pipe laying vessel Acergy Falcon against a ship repair yard for loss and damage to the vessel caused by a fire.
• Noble Denton Middle East -v- Noble International (2010).  Advising in connection with the move of a jack-up rig from Sharjah to Qatar.
• Beazley -v- Horizon (2005).  A claim before the Commercial Court brought by the owners of the pipe laying vessel Gulf Horizon against their insurers involving issues of misrepresentation, non-disclosure and unseaworthiness in connection with a policy of marine towage insurance.
• A claim in arbitration (2000) brought by the owners of a self-propelled semi-submersible drilling rig against her demise charterers in connection with the failure by the demise charterers properly to maintain and repair the rig.

Jawdat has acted in, and advised upon, a wide range of general commercial disputes.

Selected cases:

• Demco Investment -v- Interamerican Life (2010).  Commercial Court proceedings concerned with the allocation of liabilities in the context of a share sale and purchase agreement.
• Magenta -v- British Telecom (2009).  Commercial Court proceedings brought by a provider of network optimisation consultancy services against a large telecommunications company for breach of contract.
• A claim in arbitration (2007) concerning defects in valves used in the construction of a raw water pumping system in the US.

Jawdat has acted in, and advised upon, a wide range of insurance and reinsurance disputes across a number of classes of business, including disputes relating to life, accident and health products, carve-out business, and the PA LMX spiral, film finance, professional liability, marine and energy insurance issues, contingency risks such as event cancellation, construction all risks policies, war and political risks, and underwriting agency, claims administration and similar contracts.

Selected cases:

• A claim in arbitration (2010) brought by an energy company and its captive insurer in connection with the cracking and severance of a structural brace on a major offshore platform.
• A claim in arbitration (2010) brought by a bank against its political risks insurers in connection with the failure by a State-owned storage facility to store a cargo of petroleum products in favour of the bank until such time as it received instruction from the bank to release the same.
• A claim in arbitration (2010) brought by a steel trader against its insurers under a policy of export credit insurance upon the failure by a supplier to ship goods under an underlying contract with the trader.
• Claims in arbitration (2010, 2009 and 2007) brought by reinsureds against their respective reinsurers which raised various issues concerned with the writing of gross loss-making business in the PA LMX reinsurance market in the 1990s.
• Crane -v- Hannover Re [2008] EWHC 3165 (Comm).  Commercial Court proceedings brought by a Lloyd’s syndicate seeking to avoid certain contracts of excess of loss reinsurance protecting a reinsured’s participation in an underlying book of casualty business.
• A claim brought by project managers and consulting engineers under a policy of liability insurance (2008) concerning the notification of a circumstance in a connection with the construction of a recycling and energy plant.
• Bank of Scotland -v- Euclidian [2008] Lloyd’s Rep. IR 182.  Commercial Court proceedings brought by the Bank of Scotland against its insurers in connection with a failed after the event insurance scheme.  Jawdat also acted for the bank in related claims brought in arbitration.
• A claim in an arbitration (2008) brought by a Lloyd’s syndicate against its catastrophe reinsurer concerning the maintenance of zonal aggregates for US hurricane and earthquake risks.
• Sun Life & Phoenix -v- Lincoln National [2005] 1 Lloyd’s Rep 606, CA.   A claim in arbitration by reinsureds against whole account reinsurers in connection with a portfolio of accident and health business, the reinsureds having previously made a claim against specific reinsurers.  The appeal from this arbitration concerned the effect in a reinsurance dispute of a previous award and defined the limits of issue estoppel.
• Beazley -v- Horizon (2005).  A claim before the Commercial Court brought by the US owners of the pipelay barge Gulf Horizon against their insurers involving issues of misrepresentation, non-disclosure and unseaworthiness in connection with a policy of marine towage insurance.
• International Management Group -v- Simmonds [2003] EWHC 177 (Comm).  Commercial Court proceedings brought by an assured under a policy of contingency insurance against Lloyd’s and company insurers in connection with the cancellation of a cricket tournament between India and Pakistan.  The issues included whether there was a breach of warranty, whether ‘rumours’ were material to be disclosed, and whether there was a non-disclosure to the following market of an unfair presentation to the leaders.
• Gold Medal -v- Hopewell (2001).  A claim in arbitration in Bermuda brought by the captive insurer of a large Minnesotan food producer against a Bermudian reinsurer in connection with the unlawful application of a pesticide in the US.  The case involved questions, as a matter of Minnesotan law, as to the proper construction of the underlying insurance contract, physical loss and damage, and mitigation; as well as questions, as a matter of Bermudian law, as to the conduct of the captive insurer’s defence.
• CNA International Reinsurance & Others -v- Companhia de Seguros Tranquilidade [1999] Lloyd’s Rep IR 289, [1999] CLC 140.  Commercial Court proceedings concerning the cancellation of a concert by Placido Domingo in Lisbon due to the illness of the performer’s mother.
• The State of the Netherlands -v- Youell [1998] 1 Lloyd’s Rep. 236, CA.  Proceedings concerning allegations of wilful misconduct by the shipyard and of a failure to sue and labour during the construction of two submarines within the meaning of sections 55(2) and 78(4) of the Marine Insurance Act 1906 respectively.

Jawdat has acted in, and advised upon, a range of disputes arising out of contracts for the sale of goods, contracts for the carriage of goods by sea, and letters of credit.

Jawdat has advised upon and appeared in a number of jurisdictional and conflict of laws disputes. 

Selected cases:

• FVH -v- Norstar (2009).  An application pursuant to CPR Part 11(1) for an order declaring that the Court should not exercise its jurisdiction to try an action brought by sellers of vessels against their brokers, in which the sellers sought a declaration of non-liability for brokerage commission.  Flaux J agreed on the test to be applied, but found on the facts that Monaco was not a more appropriate forum than England.
• A claim in arbitration (2007) to determine the law governing two transportation contracts subject to arbitration under the UNCITRAL Rules.
• ESG -v- ACE (2006).  A dispute before the Commercial Court as to the meaning and effect of the words “Norwegian Arbitration Clause” in the context of Article 17(4) of the Lugano Convention.
• Beazley -v- Horizon [2005] Lloyd’s Rep IR 231.  An anti-suit injunction was obtained by insurers at the outset of the proceedings.

Given the nature of his commercial practice, Jawdat is often asked to advise upon and address issues of professional negligence.

Jawdat has acted in, and advised upon, a range of disputes arising out of contracts for the sale of goods.

Jawdat is regularly instructed on disputes arising out of time charters, voyage charters and bill of lading contracts, ship casualty situations such as fires and groundings, unsafe ports and berths, stevedore damage, vessel performance, and ship sale, construction and repair.

Selected cases:

• Claims in arbitration (2010) concerning the nature and extent of a seller’s obligation to provide refund guarantees for instalments of the purchase price, whether the buyer waived full compliance with that obligation and the consequences of any breach.
• A claim in arbitration (2010) arising out of the grounding of a vessel in the Mississippi River, giving rise to a dispute as to the safety of the port for the vessel in question and the true cause of the groundings.
• A claim in arbitration (2008) by an owner of a vessel to have been entitled to withdraw from or terminate a time charterparty for non-payment of hire, and a counterclaim by charterers to have been entitled to make various deductions from hire.

Jawdat is recommended as a leading junior in the field of insurance and reinsurance by Chambers and Partners, Legal 500 and Legal Experts.

• "easy to work with.” Chambers UK 2011

• Jawdat Khurshid has recently handled some significant reinsurance arbitrations and is especially well liked by all who work with him: “He is a personable and enormously bright insurance practitioner who is easy to work with,” enthused one source. Chambers UK 2010

• “Extremely polished and intelligent,” Jawdat Khurshid is making a name for himself in high-profile reinsurance arbitrations. Chambers UK 2009

• “forceful written work” that “leaves opponents expecting a storm”. “Calmer and smoother on his feet”, he’s “fluent and persuasive.” Chambers UK 2008

• “can-do attitude” Legal 500 2008