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David Sears QC

Call 1984 • QC 2003

"Absolutely brilliant, a great advocate and a tenacious fighter."
(Legal 500)

International Arbitration

David has advised and acted for clients in international arbitrations under ICC, UNCITRAL and ad hoc rules as well as in relation to all kinds of domestic disputes. He is a Fellow of the Chartered Institute of Arbitrators.

Selected Cases

International

    • Appearing on behalf of an M&E sub-contractor in an arbitration in the Gulf under DIAC Rules in a complex claim for loss and expense, delay and disruption in connection with the construction of a major new shopping mall.
    • Instructed to act on behalf of the main contractor in an arbitration under DIAC Rules arising out its claim for non-payment of over £35 million by the employer following the completion of a major residential tower block in Dubai Marina
    • Acted on behalf of the employer in an ad hoc arbitration in Dubai in a dispute with the main contractor concerning claims for lengthy extensions of time and additional payment on a project for the construction of a prestigious luxury hotel
    • Instructed on behalf of the consultant engineer in an ICC arbitration in respect of a £25 million claim arising out of the design and construction of a new university in Qatar.
    • Instructed to represent one of two joint venturers in an ICC arbitration defending a claim for £70 million liquidated damages by the owner of a power station for late completion.
    • Appearing on behalf of the main contractor in an ICC arbitration to resolve its claim for more than £25 million against the sub-contractor for breach of contract in connection with the installation of 650m of pipeline by horizontal directional drilling under the Keban Lake at Elazig in Eastern Turkey.
    • Defending a claim made by the Main Contractor in an ICC arbitration for additional payment for work carried out in connection with the engineering, supply and installation of a submarine telecommunications cable system linking Italy, Turkey, Ukraine and Russia.
    • Instructed to act on behalf of the main contractor in an arbitration in Geneva under the Swiss Arbitral Rules in its dispute with its subcontractor over the supply of a defective transformer which suffered catastrophic failure when commissioned for use in a power station.
    • Acted on behalf of the plant owner in an ICC arbitration in its dispute with the supplier of a defective rectifier transformer supplied and installed for use in an aluminium smelting plant.
    • Advising and acting for the Ministry of Defence in an international arbitration to resolve its dispute over payment with the suppliers of accommodation for British Forces in Croatia.
    • Appointed as arbitrator in a dispute concerning the construction and operation of waste water treatment plant in Turkey.
    • Appointed as arbitrator in a dispute concerning the construction of a new hotel in Dubai.
    • Appointed as arbitrator in a dispute concerning the delayed construction of an IT facility in Ireland.

 

Domestic

  • Appearing in an ad hoc domestic arbitration on behalf of the contractor in a £ multi-million dispute with London Underground arising out of a contract for the installation and commissioning a new signalling and communication system on the underground network.
  • Appearing in an ad hoc domestic arbitration for a dispute arising out of a contract for the partial design and construction of repairs to a jetty known as the ‘New Jetty’ at St Peter Port, and for the installation of a new cathodic protection system.
  • Appearing on behalf of the Respondent in an ad hoc arbitration hearing in relation to a claim made by the main contractor against a glasswork and cladding sub-contractor on a major construction project for the Ministry of Defence.
  • Acting on a claim made by an earthworks sub-contractor against a well-known contractor for delay and disruption in the construction of the A303 road in the west of England.
  • Appointed as arbitrator in a dispute between the Secretary of State for Defence and a firm of lawyers over the allegedly negligent drafting of a contract for the privatization of a water supply and the treatment of sewage for over 3,000 MOD sites.
  • Appointed as sole arbitrator in a dispute concerning the construction and operation of a new windfarm.
  • Appointed as sole arbitrator in a dispute concerning the allegedly defective piling of a new pier.
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Events


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News


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Qualifications


  • MA Oxon
  • Fellow of the Chartered Institute of Arbitrators
  • Accredited mediator TECBAR and ADR Chambers
  • Accredited adjudicator TECBAR

Publications


  • Author of the chapter on Public Procurement in Emden’s Construction Law
  • Contributor to the section on Delay & Disruption, Liquidated Damages and Penalties in the 12th edition of Hudson’s Building and Engineering Contracts

Recommendations


“Provides strong, consistent and clear advice with a calm and thorough approach.”

Chambers & Partners 2018

“He is very approachable, very easy to deal with and a very straightforward barrister”

Chambers & Partners 2018

“Very clever, thoughtful, precise and unfailingly good humoured – in Court he is awesome”

Legal 500, 2018

“A calm, measured approach, he strikes a good balance between the details and big picture”

Legal 500, 2018

“A superb advocate”

Legal 500, 2018


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