David Foster

Partner

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David Foster is a seasoned litigator and head of O’Melveny’s International Dispute and Arbitration Practice Group in London. David is a Solicitor-Advocate with full rights of audience before the English courts. He frequently represents international clients in disputes in the English High Court, international arbitration, and multi-jurisdictional disputes.

David specializes in complex and high value commercial arbitration and litigation cases, usually involving a significant international element. He has particular experience acting in disputes in the financial services industry and in defending large follow-on and stand alone competition law claims. He has conducted numerous ad hoc and institutional arbitrations seated in a variety of jurisdictions.

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Honors & Awards

  • Recognised by Legal 500 UK as “very knowledgeable about arbitration law and procedure”

Admissions

  • Solicitor, Supreme Court of England & Wales (1997)

Education

  • Brasenose College, Oxford University, MA (Oxon)

Professional Activities

Member

  • Law Society of England & Wales
  • London Court of International Arbitration
  • British Institute of Comparative Law
  • Chartered Institute of Arbitrators
  • IBA

Author

  • “International Alternative,” Legal Week (July 2006)
  • “Umbrella Clauses — a Retreat from the Philippines?” International Arbitration Law Review (August 2006)
  • “Necessity Knows No Law!”: LG&E v Argentina, International Arbitration Law Review (December 2006)
  • “Internationalisation” — Contractual Claims in BIT Arbitrations, European Arbitration Review (2007)
  • Challenges to Arbitrators, European & Middle Eastern Arbitration Review (2008)
  • C v D - The English Court of Appeal Upholds an Anti-Suit Injunction in Support of Arbitration Proceedings, International Arbitration Law Review (April 2008)
  • The Effects of Insolvency on Arbitration Proceedings, European & Middle Eastern Arbitration Review (2009)
  • European Law and International Arbitration, European & Middle Eastern Arbitration Review (2010)
  • Asymmetric Arbitration Agreements: Are They Worth the Risk? European & Middle Eastern Arbitration Review (2014)

Co-Author

  • Chapter on Challenge to and Replacement of Arbitrators, Arbitration in England (Kluwer, 2013 Edition, edited by Julian Lew QC)
  • Acting for a major global technology company in ICC arbitration proceedings seated in Tokyo against another well-known global technology company
  • Acting for a software production company in four consolidated arbitrations seated in London, conducted under the WIPO Expedited Arbitration Rules
  • Acting for Suntech Power Holdings Co., Ltd, the world’s largest producer of silicon solar power units, in a €500 million cross-border fraud case involving proceedings in the Commercial Court in London, the High Court of Singapore and several other jurisdictions
  • Defending the Government of India in the US$1.6 billion investment treaty arbitration commenced by GE and Bechtel relating to the Dabhol power station project
  • Acting for Moscow Oil Refinery in a US$300 million ICC arbitration in London and successfully resisting applications in the Commercial Court challenging the arbitral award
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