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Fulbright & Jaworski International LLP


David J. Howell - Fulbright & Jaworski International LLP
David J. Howell
Partner
D: +44(0)20-7832 3605
London
85 Fleet Street
London EC4Y 1AE
United Kingdom
T: +44 20 7832 3600
F: +44 20 7832 3699
AREAS OF CONCENTRATION
EXPERIENCE

David Howell is located in the London office of Fulbright & Jaworski International LLP. He is Co-Head of the firm's International Arbitration and ADR practice group and Co-Head of the firm's Construction Disputes practice group. He has more than 25 years' experience in the resolution of substantial international commercial, investment, construction and engineering disputes by international arbitration and ADR, having been located in London, Singapore and Dubai during that period. He was until 2003 the head of the Asia Dispute practice of a leading international law firm. He regularly appears as principal counsel and advocate in arbitrations held under ICC, LCIA, UNCITRAL, AAA, SIAC, HKIAC and KLRCA rules.

He is a Fellow of the UK Chartered Institute of Arbitrators, Singapore Institute of Arbitrators and Hong Kong Institute of Arbitrators and a Solicitor Advocate of the English Higher Courts (Civil).

He acts (and is regularly sought for appointment) as arbitrator in arbitrations held under ICC (International Chamber of Commerce) Rules of Arbitration, Singapore International Arbitration Centre and ad hoc rules. He is on the panel of arbitrators of (inter alia) Singapore International Arbitration Centre, the Australian Centre for International Commercial Arbitration and of the International Arbitration Court of the Republic of Kazakhstan.

David Howell is a CEDR-trained mediator and has been appointed as Mediator by the Singapore Mediation Centre. He was a member of the initial Advisory Committee of the Singapore International Arbitration Centre, and was a member of Sub-Committee of the Singapore Law Reform Committee that drafted the 1994 International Arbitration Act.

REPRESENTATIVE EXPERIENCE

Acting as counsel/principal advocate in international arbitration proceedings:

  • ICC. European power boiler manufacturer in ICC arbitration for US $400 million+ claims arising out of design and manufacture of power boiler for a pulp and paper mill in Asia.
  • LCIA. US oil company in LCIA arbitration arising out of N. African gas exploration concession.
  • ICC. US oil services company in ICC arbitration in respect of W. African oil exploration services agreement.
  • UNCITRAL. European conglomerate in claims against US company in respect of Middle East water utility joint venture.
  • LCIA. Middle East conglomerate in LCIA arbitration against US financial services provider.
  • Ad hoc. US oil major in ad hoc arbitration under re-insurance contract against German re-insurer giving rise to Vermont court proceedings and anti-suit injunction proceedings in the English High Court (Noble Assurance Company and Shell Petroleum Inc. v Gerling Konzern [2007] EWHC 25322)
  • UNCITRAL/ICSID. French water utility in US$ 160+ million claims against Asian government-owned concession company giving rise to ICSID arbitration under Washington Convention.
  • SIAC/ICSID. Australian power company in SIAC arbitration proceedings against PRC state-owned company arising out of PRC power generation joint venture giving rise to ICSID claims under Washington Convention.
  • UNCITRAL. Austrian viscose manufacturer in UNCITRAL arbitration proceedings in respect of US $100 million+ change of circumstances claims by Dutch chemicals manufacturer under long-term supply agreement.
  • UNCITRAL. US multinational in UNCITRAL arbitration proceedings in Singapore against PRC state-owned party in respect of US$ 50 million+ claims breach of design covenants arising out of PRC joint venture agreement.
  • UNCITRAL. European oil major in US$ 50 million+ claims against European consortium in respect of construction of LPG loading jetty.
  • ICC. French bank in US$ 80 million+ claims against Asian company arising out of ISDA swaps agreement.
  • ICC. Taiwanese owner/employer in respect of US$ 1 billion+ claims by European consortium arising out of ROC rail transport project.
  • ICC. US oil major US$ 20 million claims for repair and lost profits claims arising out of gas pipeline damage caused by a European supply vessel owner.
  • ICC. Japanese contractor in ICC arbitration for US$ 40+ million claims against developer arising out of construction of petrochemical processing plant.
  • SIAC. Japanese investor in US$ 100 million+ claims arising out of novation of Indonesian coal concession.
  • ICE. Japanese contractor in multi-party arbitration proceedings against developer and main contractor in respect of major office, retail and residential development.
  • UNCITRAL. German contractor in US$ 50 million+ claims against US principal contractor arising out of construction of petrochemical plant in Singapore.
  • ICC. US power boiler designer/ in ICC arbitration proceedings against South Korean boiler manufacturer.
  • ICC. US medical equipment manufacturer in claims arising our of termination of South Korean reseller/distributor.
  • SIAC. Korean construction & engineering multinational in US$ 10 million claims for variations and delay arising out of Shanghai, PRC construction project.
  • Korean construction & engineering multinational in US$ 60 million+ claims arising out of construction of Singapore office development.
  • Korean construction & engineering multinational in US$ 25 million+ claims arising out of Singapore airport reclaimation project.
  • SIAC/ICC. US power boiler manufacturer in parallel claims arising out of power assets sale agreement.
  • KLRCA. Spanish M&E sub-contractor in RM 16 million claims against main contractor in KLRCA arbitration in Kuala Lumpur.
  • SIAC. Indonesian manufacturer in SIAC arbitration proceedings arising out of plastics manufacturing agreement with US principal.
  • ICE. UK contractor in ICE arbitration for claims by contractor arising out of undersea pipeline.
  • ICC. French consortium in ICC arbitration with Employer arising out of RM 1 billion+ office/shopping and apartment development in Kuala Lumpur.
  • UNCITRAL. Dutch dredging contractor in US$ 25+ million claims against Japanese employer arising out of reclamation works for petrochemical facility.
  • AAA. US petrochemical plant owner in AAA arbitration arising out of multi-vessel collision at US gas loading terminal.
  • UNCITRAL. Japanese contractor in respect of claims arising out of Malaysian road tunnel due to unforeseen soil conditions.
  • UNCITRAL. Dutch dredging contractor in claims for extension of time and damages arising out of damage to dredging vessel.
  • UNCITRAL. Swedish marine communications equipment manufacturer for claims arising out of installation of electrical and piping facilities to offshore oil rig.
  • Singapore developer in public enquiry into a gas explosion at retail, office and residential development.
  • Dutch dredging contractor in European undersea tunnel project in claims for unforeseen conditions.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
  • UK Chartered Institute of Arbitrators, Fellow 
  • Singapore Institute of Arbitrators, Fellow
  • Hong Kong Institute of Arbitrators, Fellow 
  • Solicitor Advocate of the English Higher Courts (Civil)
  • Advisory Board of Institute for Transnational Arbitration (ITA)
  • London Arbitration Club
  • Society of Construction Law 
PROFESSIONAL HONORS
  • Guide to the World's Leading Experts in Commercial Arbitration 2008
  • Legal 500 2008 (a "strategic thinker")
  • Legal Experts 2008
  • Chambers UK 2008 ("a valued figure in energy disputes" having "great skill in litigation")
  • PLC Which Lawyer 2008
  • Global Counsel Dispute Resolution Handbook 2007
  • Legal Business Arbitration Report 2007 described as having "...decades of impressive experience in the construction and engineering sectors"
  • Who's Who Legal 2006
PUBLICATIONS
  • "Proper Law of the Arbitration Agreement may be Seat of the Arbitration," Mealey's International Arbitration Report, Vol.23 #1, January 2008
  • "Pre-Appointment Interview of Prospective Arbitrators," Asia Dispute Review, July 2007
  • "Developments in International Commercial Arbitration in Asia," April 2007
  • "International Investment Disputes," April 2007
  • "Anti-Suit Injunction by English Courts to Restrain Foreign Court Proceedings in Breach of Arbitration Agreement," March 2007
  • "Landmark English Court of Appeal Decision in Support of International Commercial Arbitration," February 2007
  • "Developments in Arbitration Law and Practice in Asia," TDM (Transnational Dispute Management), Vol. 3 issue 4, July 2006
  • “Interim Measures of Protection in International Arbitration Proceedings: Towards a New Paradigm?” Asia Dispute Review, January 2006
  • Use of Experts in International Arbitration,” Asia Dispute Review, April 2005
  • “Making of Decisions, Directions, Orders and Awards in an Institutional Arbitration: Institutional Role Over Directions, Orders, Decisions and Awards,” ICC/SIAC Conference Papers, February 2005
  • “An Overview of Arbitration Law and Practice in the PRC,” 2004
  • “Enforcement of Arbitral Awards,” International Arbitration Checklist, October 2003
  • “Implementing the Model Law Regime,” German Arbitration Journal," Vol. 1 No. 3, May 2003
  • “Issue Estoppel Arising Out of Interlocutory Court Proceedings in International Arbitration,” Journal of International Arbitration, Vol. 20 No. 2, April 2003
  • “International Arbitration under the Model Law Regime,” IBA Arbitration Newsletter Vol. 8 No. 1, February 2003
  • International Law Office Arbitration reports, Singapore, 2000 - 2003
  • “Arbitration in the Asia Pacific,” SIAC Butterworth’s Arbitration Conference, 2002
  • “Arbitration Law and Practice in the PRC,” IBA Arbitration Newsletter, Vol. 7 No. 2, October 2002
  • “Dispute Resolution in Asia,” editor, September 2002 edition; March 2003 edition
  • “Opting Out of the UNCITRAL Model Law,” Journal of International Arbitration, Vol. 19, No. 1, February 2002
  • “An Overview of Arbitration Practice in Asia,” International Arbitration Law Review Vol. 4, Issue 5, November 2001
  • “Disputes Newsletters,” quarterly client newsletter
SPEECHES
  • Chair of Juris's Conference on E-Disclosure in International Arbitration, New York, January 2008  
  • Europe Leading Arbitrators Forum, Vienna, April 2007 
  • Asia Leading Arbitrators Forum, Singapore, February 2006
  • Europe Leading Arbitrators’ Forum, Vienna, April 2006
  • “Making of Decisions, Directions, Orders and Awards in an Institutional Arbitration: Institutional Role over Directions, Orders, Decisions and Awards," ICC/SIAC Conference, February 2005
EDUCATIONAL BACKGROUND
  • 1988 - Solicitor, United Kingdom
  • 1984 - Solicitor, England & Wales
  • 1977 - Barrister, Lincoln's Inn
  • Oxford University (M.A.) 






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