Ben Giaretta

“Highly recommended in various legal directories, where he has been described as “a standout lawyer for international dispute work” and “one of the best and most active practitioners in this space.”
Chambers

Overview

Ben Giaretta is an international dispute resolution lawyer, a Chartered Arbitrator and a mediator. He is a Partner in the Dispute Resolution department of Mishcon de Reya LLP and is the Chair of the London Branch of the Chartered Institute of Arbitrators.
His experience spans a number of industry sectors, including oil & gas, mining, petrochemicals, shipping, construction, engineering and infrastructure. He has represented clients on disputes throughout the world, including Europe, Africa and Asia. He is currently based in London, and between 2009 and 2016 he was based in Singapore.
He appears as counsel in international arbitration and often sits as arbitrator: he has been appointed as sole arbitrator, party nominated arbitrator, presiding arbitrator and emergency arbitrator, on many occasions. Ben is on the panels of arbitrators of several arbitration institutions, including the SIAC, the HKIAC, the JCAA, the KCAB, BANI, the CIArb, the SIArb, the SCCA and the AIAC.

Style and Approach

Ben believes in active project management of an arbitration, ensuring that the case is properly planned at the start and then delivered in accordance with the plan.  He is diligent and pragmatic in his approach.

Expertise

  • Construction and Engineering
  • M&A disputes
  • Energy & Natural Resources
  • Commodities
  • Technology
  • Commercial contracts

Experience

Construction & Engineering

  • Party-nominated arbitrator in an SIAC arbitration between an Indian company and a US company concerning the construction of a solar power project in India.
  • Party-nominated arbitrator in an ICC arbitration between a Singapore company and a Qatari company concerning an airport construction project in Qatar.
  • Party-nominated arbitrator in an SIAC arbitration between an Indian company and a US company concerning a construction guarantee.
  • Party-nominated arbitrator in an ICC arbitration between a Mauritius company and an Indian group of companies concerning a shareholders agreement in a solar power construction project.
  • Sole arbitrator in an ICC arbitration between a Korean company and a US company concerning a tunnelling construction project in Singapore.

Energy & Natural Resources

  • Party-nominated arbitrator in ICC arbitration between a Singapore company and an American company concerning an oilfield licence.
  • Presiding arbitrator in an SIAC arbitration between a group of individual vendors and a Mauritius company concerning a sale and purchase agreement in the solar power sector.

M&A Disputes

  • Presiding arbitrator in an ICC arbitration between a Japanese company and a UAE company concerning a sale and purchase agreement.
  • Presiding arbitrator in an SIAC arbitration between a Japanese group of companies and a Mauritius company concerning a sale and purchase agreement in the travel industry.
  • Sole arbitrator in an ICC arbitration between a Hong Kong company and a Vietnamese company concerning a sale and purchase agreement.

Commodities

  • Sole arbitrator in an SIAC arbitration between an Indian company and a Singapore company concerning the sale of palm oil.
  • Sole arbitrator in an ad hoc arbitration between a Hong Kong company and a Singapore company concerning the sale of stainless steel.
  • Sole arbitrator in an ICC arbitration between a South African company and a Vietnamese company concerning the sale of steel.
  • Sole arbitrator in an ad hoc arbitration between a Singaporean company and a PRC company concerning the sale of mung beans.
  • Sole arbitrator in an ad hoc arbitration between a Singapore company and a Chinese company concerning the sale of iron ore.
  • Sole arbitrator in an SIAC arbitration between a Chinese company and a Singapore company concerning the sale of chrome ore.
  • Sole arbitrator in an ad hoc arbitration between a Thai company and a Singapore company concerning the sale of grain.      

Technology

  • Sole arbitrator in an SIAC arbitration between a Hong Kong company and a Russian company concerning an IT contract.
  • Emergency arbitrator in an SIAC arbitration between a Korean company and a PRC party concerning a home shopping joint venture – interim relief application.
  • Emergency arbitrator in an SIAC arbitration between a Singapore company and a Brunei party concerning the purchase of a UK technology company – injunction application.

Commercial contracts

 

  • Presiding arbitrator in an ICC arbitration between a Japanese company and an American company concerning lease fees
  • Sole arbitrator in an ICC arbitration between a Korean company and a Cambodian company concerning an airport services agreement.
  • Sole arbitrator in an SIAC arbitration between a Singapore company and a Canadian company concerning a licensing agreement in the restaurant sector.
  • Emergency arbitrator in an SIAC arbitration between a Netherlands company and a Hong Kong company concerning a supply agreement.

Professional Qualifications

  • MA, Trinity College, Oxford University (1996)
  • Postgraduate Diploma in International Commercial Arbitration (School of International Arbitration, Queen Mary University of London) (2004)
  • Fellow, Chartered Institute of Arbitrators (2006)
  • Fellow, Singapore Institute of Arbitrators (2009)
  • Associate Mediator, Singapore Mediation Centre (2014)
  • Chartered Arbitrator, Chartered Institute of Arbitrators (2015)
  • Liveryman, Worshipful Company of Arbitrators (2019)

Career History

  • 2018 to present: Partner, Mishcon de Reya LLP (London)
  • 2016 to 2018: Partner, Ashurst LLP (London)
  • 2011 to 2016: Partner and Head of International Arbitration (Asia), Ashurst LLP (Singapore)
  • 2009 to 2011: Partner and Head of Dispute Resolution (Asia), Ashurst LLP (Singapore)
  • 2001 to 2009: Associate, Ashurst LLP (London)
  • 1999 to 2001: Trainee, Ashurst LLP (London)

Accreditation

  • Solicitor, England & Wales (2001)
  • Solicitor-Advocate, All Higher Courts of England & Wales (2004)