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David Ingle

Senior Associate

Madrid

David Ingle

Senior Associate

Madrid

David specialises in international arbitration and has acted for a range of banking and corporate clients as well as State entities, in international commercial and investment treaty arbitrations under ICC, ICSID, LCIA and UNCITRAL Rules.  He has provided advice to clients on a broad range of contentious issues and with respect to a multitude of jurisdictions.

David spent six months on secondment in Allen & Overy's Prague office (2011-2012).

Experience

Experience highlights include advising:

More than 30 different international investors in 10 separate ICSID and UNCITRAL arbitration claims against the Kingdom of Spain under the Energy Charter Treaty relating to the regulation of the Spanish renewable energy sector and involving claims worth in excess of EUR3.5 billion;

Deutsche Bank in an ICSID claim against Sri Lanka in a bilateral investment treaty claim arising out of interference with an oil-hedging agreement with the state-owned petroleum corporation;

The Republic of Poland in an UNCITRAL arbitration involving bilateral investment treaty claims made by a pharmaceutical company;

A Middle Eastern Government in the creation of a common law framework to apply in a newly created independent free zone based on the English law;

A large US financial institution defending a mis-selling claim brought against it in an LCIA arbitration under English law;

A Russian corporate client defending a USD1 billion LCIA arbitration under English law;

An Italian corporate client defending a USD100 million LCIA arbitration under English law;

A UK corporate client in a contentious matter related to a supply contract under English law;

A Dutch corporate client bringing a EUR100 million arbitration in relation to a cross-border sale of goods contract under English law;

A UK professional body in misconduct proceedings against one of its members.

News & insights

Publications: 25 FEBRUARY 2020

A misprediction is not a mistake: settlement not set aside despite change in law

A change in the law made shortly after a compromise agreement was entered into did not give rise to a common mistake of law capable of setting aside the agreement.  The High Court held that while the doctrine of mistake operates in the context of compromise agreements, there was no “common assumption” between the parties as to the relevant law in this case and therefore no mistake.  The court observed that “a mistake will more likely arise where a well-established and unquestioned rule of law is dramatically overturned than where a single decision on a new and difficult point is overruled”.  The decision highlights the reluctance of the English courts to disturb already concluded settlements on the basis of a future revision of the law: Jeremy Philip Elston v (1) Lawrence King (2) Sue Roscoe (trustees in bankruptcy of Jeremy Philip Elston) [2020] EWHC 55 (Ch).

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Publications: 25 FEBRUARY 2020

Legal advice privilege subject to “dominant purpose” test – how to deal with multi-party email communications

The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply.  The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party email communications between in-house lawyers and non-lawyer employees. Three Rivers No. 5 is criticised but acknowledged to be binding: The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) [2020] EWCA Civ 35.

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Publications: 27 NOVEMBER 2019

New remuneration for renewable energy in Spain

More favourable treatment seeks to avoid the initiation of new arbitration proceedings and to terminate existing ones

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Publications: 25 JULY 2018

Government of Ontario terminates renewable energy contracts

On 5 July 2018, Ontario's Minister of Energy, Greg Rickford, issued an Executive Order to the Independent Electricity System Operator (IESO) directing it to "wind down" certain renewable energy contracts, which had been awarded under the Feed-in-Tariff (FIT) and the Large Renewable Procurement (LRP) programmes.

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Office

Madrid

Allen & Overy
Serrano 73
Madrid
28006

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Published work

Co-Author: "European Law and Investment Treaties" in The Investment Treaty Arbitration Review, 2nd ed. (2017)

Co-Author: "Spain" in The International Arbitration Review, 8th ed. (2017)

Co-Author: "Interim Costs Orders: The Tribunal's Tool to Encourage Procedural Economy" in Reshaping the Investor-State Dispute Settlement System, Brill/Nijhoff (2015)