David Edwards has practiced at 7 King’s Bench Walk for the whole of his career. He specialises in commercial litigation and arbitration, both as an advocate and as an advisor, in particular in insurance and reinsurance, banking and finance, professional negligence, and shipping and international trade.

David Edwards appears most frequently in the Commercial Court or the Chancery Division, and on appeal in the Court of Appeal and the House of Lords. A good deal of his work is done in confidential arbitration. His practice is international, and he has substantial experience of working together with foreign lawyers and dealing with cases governed by a foreign substantive law (in particular New York law).

In addition to his practice as an advocate, David Edwards has sat and accepts appointments as sole or as party-appointed arbitrator in ad hoc or institutional (ICC and LCIA) arbitrations.  He has also been instructed to give expert evidence on English insurance law in the courts of New South Wales.

King’s School, Chester
Peterhouse, Cambridge M.A. (Hons.) Cantab. (Law)
Inns of Court School of Law Tancred Studentship, Lincoln’s Inn
Member of British Insurance Law Association
Member of the London Court of International Arbitration
Member, Bar Standards Board, Standards Committee
Chairman of Council, Friends of Peterhouse.

David Edwards accepts appointments (both ad hoc and under institutional rules) as sole, party-appointed or third arbitrator.

Recent appointments:

• Dispute between a United Kingdom manufacturer and a French distributor concerning a distribution agreement (LCIA – sole arbitrator – case settled).
• Dispute between an Israeli exporter and a manufacturer and a United States export credit insurer (LCIA – party-appointed arbitrator - final award issued).
• Dispute between an insurer and a coverholder in relation to the writing of a book of European medical business (ad hoc – Chairman – arbitration ongoing).
• Dispute between a London market insurer and a reinsurer concerning excess of loss treaties (ad hoc – Chairman – award issued on jurisdiction).
• Dispute between a Lloyd’s syndicate and a United Kingdom reinsurer (ad hoc – Chairman – case settled).
  

• Insurance & Reinsurance
• Banking and Finance
• Professional Negligence
• Shipping
• Jurisdiction/Conflicts of Laws
• Arbitration

David Edwards has been instructed in relation to most of the major problems that have affected the insurance and reinsurance markets over the last 20 years from the Lloyd’s litigation in the early 1990 to the plethora of E & O and D & O disputes which have arisen out of the recent disruption in the financial markets.

David Edwards has been nominated as “Insurance Silk of the Year” at the Chambers Bar Awards for  2011.

Selected cases:

• acted for a US insured in two political risks arbitrations in London concerning expropriation of property in Venezuela
• acted for a London firm of solicitors in connection with disputes with its insurers and brokers concerning the placement of its professional indemnity cover and aggregation of claims arising out of the firm’s work on a number of tax avoidance schemes
• acted for a United States financial lines company seeking to recover against a number of
  excess liability insurers in respect of sums paid in settlement of a United States class action alleging breach of the Fair Credit Reporting Act
• acted for Bermudian reinsurers in a London arbitration resisting a claim by a Lloyd’s syndicate under a Gulf of Mexico windstorm cover for an indemnity in respect of Hurricane Ike losses
• acted for Bermudian insurers in a London arbitration resisting a claim brought by a United States energy company for an indemnity in respect of environmental liabilities concerning pollution of Lake Michigan
• acted for Bermudian excess insurers in a “baseball” Bermuda form arbitration resisting a claim by a United States railroad company for payment of more than US$50 million in respect of liabilities arising out of a serious derailment and chemical release in 2005
• acted for United States and Bermudian insurers defending a claim under a number of casualty policies brought by a United States chemical company arising out of the collapse of a merger agreement
• acted for a United Kingdom household name insurer in successive arbitrations with a Japanese reinsurer concerning the disposal of a book of financial solutions business
• acted for a Japanese reinsurer defending claims brought by a members of an London-based aviation pool
• acted for a United States telecommunications company in a Bermuda form arbitration seeking to recover from D & O insurers losses in excess of US$100 million arising out of securities litigation in the United States
• acted for insurers of a United Kingdom pharmaceutical company advising on product liability claims brought by patients in relation to one of the company’s blockbuster drugs
• acted for casualty insurers of a well-known French conglomerate advising on claims arising out of the departure of its CEO and ensuing securities litigation in the United States
• acted for Bermudian insurers in a Bermuda form arbitration defending claims by a United States telecommunications company arising out of securities litigation in the United States
• acted for reinsurers of the captive of a major accountancy firm in an London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States
• Law Society v Shah [2008] 3 WLR 1401; Law Society v Wemyss [2008] EWHC 2515 (Ch) - acted for the Law Society seeking to recover compensation payments from professional indemnity insurers of a firm of solicitors
• acted for Bermudian insurers in a Bermuda form arbitration defending a claim brought by a United States healthcare provider arising out of allegations of improper and unnecessary cardiac surgery
• acted for a United Kingdom household name insurer in a London arbitration concerning aggregation of claims against a firm of solicitors arising out of the firm’s involvement in a major legal expenses insurance scheme
• acted for a Bermudian insurer in a Bermuda form arbitration seeking to recover from its reinsurers in respect of 2005 hurricane losses and to resist allegations of non-disclosure of its catastrophe modelling output
• acted for a United States life insurance company in a variety of London court and arbitration proceedings arising out of its involvement in the personal accident LMX market
• acted for a Lloyd’s syndicate in an arbitration against a catastrophe reinsurer concerning maintenance of zonal aggregates for United States hurricane and earthquake risks
• CGU International Insurance v AstraZeneca [2007] 1 Lloyd’s Rep. 142 - acted for the captive insurer of AstraZeneca in litigation against reinsurers in relation to claims concerning genetically modified crops
• Centre Re v Freakley [2006] 1 WLR 2693 - acted for the administrators of Turner & Newall seeking to recover from insurers under a £500 million policy covering the company’s asbestos liabilities
• acted for insurers and reinsurers of energy, satellite and re-flight guarantee business in various London court and arbitration proceedings pursing or resisting claims for indemnity
• Absalom v TCRU [2006] 2 Lloyd’s Rep. 129 - acted for a Lloyd’s syndicate in a series of disputes concerning payment of brokerage on personal accident and medical accident business
• Toomey v Banco Vitalicio [2005] Lloyd’s Rep. IR 423 - acted for Spanish insurers of the football club Atletico de Madrid in court proceedings against their London market reinsurers
• acted for Winterthur Swiss Insurance company in what is believed to be the world’s biggest “baseball” arbitration arising out of the sale of part of its business to XL and in related court proceedings
• HIH v Chase Manhattan [2003] 2 Lloyd’s Rep. 61 - acted for JP Morgan Chase and for Société Génerale, Royal Bank of Canada, National Bank of Canada and the Matrix Partnerships in the film finance litigation
• HMH v CECAR [2000] 1 Lloyd’s Rep. 316 - acted for Harding Maughan Hambly in a dispute between producing and placing brokers about payment of commission on a political risks placement

Much of the insurance and reinsurance work that David Edwards has been involved in is finance- related (see under Insurance and Reinsurance).  He is has also been involved in more general banking work.

Selected cases:

• acted for a private investor in a dispute over an interest rate swap taken out in connection with a commercial property transaction
• acted for a French bank in a dispute with a German bank over termination payments due under a $600 million credit default swap and associated issues concerning hedging arrangements
• acted for a specialist firm of hedge fund brokers concerned with withdrawal/negligence/insurance notification issues arising out of recent financial market conditions
• Sumitomo v Banque Bruxelles Lambert [1997] 1 Lloyd’s Rep. 487 - acted for Sanwa, Sumitomo and Arab Banks in court proceedings against Banque Bruxelles Lambert arising out of a syndicated lending transaction

David Edwards has dealt with a number of cases involving claims against professionals, most commonly insurance brokers but also solicitors, accountants or other finance professionals.

Selected cases:

• acted for a London firm of solicitors in connection with disputes with its insurers and brokers concerning the placement of its professional indemnity cover and aggregation of claims arising out of the firm’s work on a number of tax avoidance schemes
• acted for a Lloyd’s syndicate in relation to a possible claim against a coverholder in relation to the underwriting and management of a book of professional liability business
• Law Society v Shah [2008] 3 WLR 1401; Law Society v Wemyss [2008] EWHC 2515 (Ch) - acted for the Law Society in its efforts to recover sums misappropriated by the senior partner of a number of firms of London solicitors from other partners
• acted for insurance brokers defending a claim for negligence in relation to advice given on placement as to policy requirements as to security systems for commercial premises which subsequently burnt down
• acted for a London firm of solicitors defending allegations of inducing breach of contract, deceit and conspiracy in connection with a number of insurance-backed film finance transactions
• HIH v Chase Manhattan [2003] 2 Lloyd’s Rep. 61 - acted for JP Morgan Chase and for the Matrix Partnerships in the film finance litigation making claims against brokers Heaths and JLT

David Edwards has appeared in a number of reported cases (and many confidential arbitrations) concerning shipping, shipbuilding and international trade, including The "Nicholas H" – the landmark case concerning whether a duty of care was owed by a classification society.  A particular area of specialty has been disputes between Protection and Indemnity clubs and their members.

Selected cases:

• The “Winter” [2000] 2 Lloyd’s Rep. 298 - acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds 
• The “Seta Maru” [2000] 1 Lloyd’s Rep. 367 - acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects 
• The “Lendoudis Evangelos II” [1997] 1 Lloyd’s Rep. 404 - acted for trip time charterers resisting a claim by owners in respect of a voyage estimate given “without guarantee”
• The “Bergen” [1997] 1 Lloyd’s Rep. 380 - acted for cargo owners seeking to maintain English jurisdiction for a claim for cargo damage following a fire on board the vessel
• The “Nicholas H” [1996] AC 211 - acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank 

Disputes over jurisdiction and issues concerning applicable law are a regular part of David Edwards’ practice.

Selected cases:

• CGU International Insurance v AstraZeneca [2007] 1 Lloyd’s Rep. 142 - acted for the captive insurer of AstraZeneca in litigation against reinsurers; a key issue was under which system of law the captive’s liability to AstraZeneca was to be judged
• Deutsche Ruck v La Fondiaria [2001] 2 Lloyd’s Rep 621 - acted for a German reinsurance company successfully invoking English jurisdiction under article 5 of the Brussels Convention for a claim against a fellow member of a reinsurance pool
• The “Winter” [2000] 2 Lloyd’s Rep. 298 - acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds
• Source v TUV [1998] QB 54 - acted for German cargo inspectors successfully contesting English jurisdiction under article 5 of the Brussels Convention for a claim a claim brought in England in respect of an inspection performed overseas
• The “Bergen” [1997] 1 Lloyd’s Rep. 380 - acted for cargo owners seeking to maintain English jurisdiction for a claim for cargo damage following a fire on board the vessel

Many of David Edwards' cases are dealt with in arbitration.

Selected cases:

• acted for a US insured in two political risks arbitrations in London concerning expropriation of property in Venezuela
• acted for a United States financial lines company seeking to recover against a number of excess liability insurers in respect of sums paid in settlement of a United States class action alleging breach of the Fair Credit Reporting Act
• acted for Bermudian reinsurers in a London arbitration resisting a claim by a Lloyd’s syndicate under a Gulf of Mexico windstorm cover for an indemnity in respect of Hurricane Ike losses
• acted for Bermudian insurers in a London arbitration resisting a claim brought by a United States energy company for an indemnity in respect of environmental liabilities concerning pollution of Lake Michigan
• acted for Bermudian excess insurers in a “baseball” Bermuda form arbitration resisting a claim by a United States railroad company for payment of more than US$50 million in respect of liabilities arising out of a serious derailment in 2005
• acted for United States and Bermudian insurers defending a claim under a number of casualty policies brought by a United States chemical company arising out of the collapse of a merger agreement
• acted for Middle Eastern clients against a United States company in an ICC arbitration concerning the breakdown of a joint venture to build US$5 billion mixed-use towers in the Persian Gulf
• acted for a United Kingdom household name insurer in successive arbitrations with a Japanese reinsurer concerning the disposal of a book of financial solutions business
• acted for a Japanese reinsurer defending claims brought by a members of an London-based aviation pool
• acted for a United States telecommunications company in a Bermuda form arbitration seeking to recover from D & O insurers losses in excess of US$100 million arising out of securities litigation in the United States
• acted for Bermudian insurers in a Bermuda form arbitration defending claims by a United States telecommunications company arising out of securities litigation in the United States
• acted for reinsurers of the captive of a major accountancy firm in an London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States
• acted for Bermudian insurers in a Bermuda form arbitration defending a claim brought by a United States healthcare provider arising out of allegations of improper and unnecessary cardiac surgery
• acted for a United Kingdom household name insurer in a London arbitration concerning aggregation of claims against a firm of solicitors arising out of the firm’s involvement in a major legal expenses insurance scheme
• acted for a Bermudian insurer in a Bermuda form arbitration seeking to recover from its reinsurers in respect of 2005 hurricane losses and to resist allegations of non-disclosure of its catastrophe modelling output
• acted for a United States life insurance company in a variety of London court and arbitration proceedings arising out of its involvement in the personal accident LMX market
• acted for a Lloyd’s syndicate in an arbitration against a catastrophe reinsurer concerning maintenance of zonal aggregates for United States hurricane and earthquake risks
• acted for insurers and reinsurers of energy, satellite and re-flight guarantee business invarious London court and arbitration proceedings pursing or resisting claims for Indemnity
• acted for Winterthur Swiss Insurance company in what is believed to be the world’s biggest “baseball” arbitration arising out of the sale of part of its business to XL and in related court proceedings.

For many years, both as a junior and since 2006 as a silk, David Edwards Q.C. has been listed by Chambers and Partners and by the Legal 500 as a leader in insurance and reinsurance and other sectors.

The current (2012) edition of the Legal 500 lists him as a leader in insurance and reinsurance, commercial litigation, international arbitration and shipping. Chambers and Partners (2012) lists him as a leader in insurance and international arbitration. Recent editions comment that he:

• “a strong team player, who works well with clients and solicitors alike” Chambers UK 2012
• “terrific ... totally reliable and approaches matters with incredible attention to detail” Chambers UK 2012
• "maturing into the role well” and is considered to be "one of the most respected insurance and reinsurance silks” Chambers UK 2011
• "a tough advocate and commands respect; a real insurance specialist"  Legal 500 2011
• commended for his “thoroughness in analysis and preparation, and willingness to think originally” Legal 500 2011
• “a real rising star” Legal 500 2010
• “a young but pre-eminent silk” described as a “soon-to-be leader of the insurance world.” Chambers UK 2010
• “one of the best junior silks” Legal 500 2010
• “a fantastic style for arbitration” Legal 500 2010
• “first-rate intellect” Legal 500 2009
• “able to get straight to the heart of a problem and solve it” Chambers UK 2009
• “a very smooth operator” with “impressive instincts,” “he manages to simplify event the most byzantine of cases.” Chambers UK 2008
• “sound and commercial advice” Legal 500 2008
• “brilliant cross-examiner” Legal 500 2008
• "blessed with a fantastic brain.” Chambers UK 2007
• “a real rising star.” Chambers UK 2007
• “a polished advocate.” Chambers UK 2007
• “someone who can make the implausible sound plausible.” Chambers UK 2007
• “a brilliant cross-examiner.” Chambers UK 2007
• “the star performer of those who made silk in 2006” Chambers UK 2006
• prompted universal praise for being a “redoubtable star.” Chambers UK 2006

David Edwards Q.C. has been nominated as “Insurance Silk of the Year” at the Chambers Bar Awards for 2011.  He was twice nominated for Chambers and Partners Insurance Junior of the Year.