David di Mambro
| Call 1973
Profile: Commercial Disputes
Experience and Expertise
David di Mambro’s commercial practice includes: commercial contracts (particularly guarantees), interpretation of contracts (particular expertise and experience), jurisdictional and applicable law problems, joint ventures and confidentiality.
David is also regularly instructed in offshore matters from: Antigua, Bahamas, Barbados, BVI, Grenada, Jamaica, St. Vincent and The Grenadines, Trinidad and Tobago.
The Legal 500: Commercial Chancery section:
“The set’s intellectual acumen can be seen in the procedural knowledge of David di Mambro.”
Cases and Work of Note
- (1) The Central Tenders Board (2) The Attorney General v White : Privy Council on appeal from East Caribbean Court of Appeal (Monserrat): alleged deficiency in tender document; judicial review of Board’s decision to accept tender.
- Waleed Aboura v Sigmund and Triangle Metals and Minerals Trading Limited  All ER (D) 208 (Feb): Company – Minority shareholder – whether the claimant would be allowed to continue an action against the first defendant as a derivative claim on behalf of company. The court held that the claimant had failed to satisfy it that the proposed derivative action fell within the exception to the rule in Foss v Harbottle .
- K v L (2012): (BVI) advice re: arbitration clause in shareholders agreement; stay of proceedings; effect of arbitration agreement in BVI law in relation to (1) unfair prejudice claim (2) just and equitable to wind up application.
Attorney General Trinidad v Universal : appeal to Privy Council from Trinidad Court of Appeal: whether court has discretion to set aside judgment where rule apparently mandatory; heard July 2011; briefed by Attorney General.
- Z v W  (Moscow Court of Arbitration) produced expert report on English Law of Contract in relation to variation and sufficiency of consideration.
- X v Y  (Moscow Court of Arbitration) produced expert report on applicable law in relation to sub-contract connected to $600m construction contract in Middle East which was approved and followed by the Court.
East Caribbean Flour Mills v Boyea (Civil Appeal 12 of 2006) (East Caribbean Court of Appeal) breach of fiduciary duty; use of witness statements to supply particulars of fraud.
- F v M  (Commercial Court) appeal in relation to arbitration award in respect of a $33m claim concerning polyester plant in Russia.
- Pearce v Elecheck  Ch D breach of confidentiality, infringement of copyright and database right.
- Lloyds TSB Bank plc v Hayward  EWCA Civ 466 (CA) guarantee – discharge for variation of contract with principal debtor – on true construction of refinancing agreement principal debtor clause in existing guarantees varied so that rule in Holme v Brunskill applied – appeal court refused to interfere with trial judge’s findings of fact.