Charles Raffin

Introduction & Contact details

Charles specialises in commercial dispute resolution and has a particular interest in domestic and international arbitration.

Before joining Hardwicke, Charles spent almost three years as an employed barrister in the International Arbitration and Litigation Group of Skadden, Arps, Slate, Meagher & Flom (UK) LLP.

He has experience working on international cases with Counsel from jurisdictions across North and South America, the Caribbean and Europe. He has assisted and advised on a broad range of non-contentious and contentious matters, in both arbitration and litigation.

Charles has considerable experience of working directly with clients, within a Firm team and of case management (including electronic data management and the preparation of witness evidence) in document heavy cases of the highest value.

Qualifications

• BA (Hons) Oxford
• Queen Mother and Lord Justice Sachs Scholar of the Middle Temple

E: charles.raffin@hardwicke.co.uk

Arbitration

Charles has a particular interest in arbitration. He has experience of LCIA, ICSID, ICC, ad hoc and various trade association arbitral proceedings. He has advised on the drafting, incorporation and construction of arbitration agreements and has drafted statements of case and applications across a range of proceedings. Charles has also advised on options for interim relief in support of arbitration and on the enforcement of awards (under the New York Convention). Charles also has experience of mediation and expert determination proceedings.

Charles has recently assisted and advised:

• (LCIA) an English company in a dispute with a Belgian concern in relation to the enforcement of an interim award involving complex issues of applicable substantive and procedural laws.
• (ICC) an English company in relation to the interrelationship of domestic limitation provisions and the ICC Rules.
• In relation to a shareholder dispute over a Russian concern. Issues included: the construction of a shareholders’ agreement and the arbitration agreement therein; the scope of applicable non-contractual duties; conflicts of laws and points of disclosure and privilege.
• (ICSID) In respect of a claim against a former Soviet Block government by foreign investors. Charles assisted in advising in relation, and in drafting the Response to, a discovery application under the IBA rules on evidence (with reference to English principles of privilege).
• In connection with a dispute over the supply of equipment to a power plant in a Middle Eastern state.
• On the incorporation of a trade association’s standard terms and conditions into a series of supply agreements; on the application of the trade association’s arbitration rules and appropriate tactics.

Commercial

Charles has a busy junior commercial practice and he appears regularly in the County Court and High Court. He also appears in commercial arbitrations and mediations. Charles routinely undertakes a broad range of commercial work but has particular experience of international litigation, banking and construction.

International litigation

Much of Charles’ work has an international flavour and he regularly advises in relation to service out of the jurisdiction, challenges to jurisdiction (together with collateral injunctive relief) and conflicts of law.

Charles assisted in the preparation of Kolden Holdings Ltd v Rodette Commerce Ltd [2007] EWHC 1597 (Comm); [2008] EWCA Civ 27 (the issue of ‘same parties’ under Council Regulation (EC) 44/2001, art 27/28 where a cause of action had been assigned following the issue of proceedings in both England and Cyprus).

Recent work includes:

• Advising in relation to a dispute under an alleged guarantee (involving conflicts of Finnish/English law).
• A claim by a commodity broker under their standard terms of business and a guarantee against a defaulting client (involving various Exchanges’ arbitration rules and matters of BVI law).

(see also “Arbitration”)

Banking, Finance & Credit

Charles is regularly instructed by or against banks and financial institutions (and private parties) on matters ranging from consumer finance, mortgages and retail banking to complex claims involving bonds, guarantees and other instruments.
Recently, Charles has acted in cases relating to:

• Exclusion and limitation clauses across a range of industry standard and bespoke terms and conditions in disputes concerning the Banking, Construction and IT sectors.
• Contemplated and litigated claims under guarantees and indemnities in a number of commercial contexts, including claims arising under guarantees in a multi-party franchising dispute.
• A dispute between a sub-contractor and contractor under an alleged contract to provide consulting services, including claims for interest at penal rates.
• The purchase and rejection of commodities (including diamonds and sugar futures).
• Disputes between Consumers and suppliers (involving the sale of goods, distance selling and Consumer Credit legislation).

Construction and Engineering

Since joining Chambers, Charles has developed a real interest in construction and engineering work. Charles’ recent work includes advising and acting for:

• An Employer in connection with disputes arising out of the construction of a community centre (including complex issues arising under the Housing Grants Construction and Regeneration Act 1996). 
• A Contractor in a long running multi-party dispute involving renovation works carried out at a number of residential properties.
• Crane Owners in linked actions for the recovery of hire charges under CPA terms.
• A major utility provider in claims against Contractors relating to cable damage.

Shipping & Aviation

Since Pupillage, Charles has had an interest in shipping and aviation matters. It is an area of his practice that continues to grow.

Recently, Charles acted for a defendant airline in a claim under various aviation finance agreements. Charles also advised in relation to a claim against a law firm in connection with the sale of an oil rig.

Charles also has experience of advising and drafting pleadings in time charter disputes (late redelivery) and has assisted on various shipping cases (including matters in relation to mortgages of ships).

Trusts and Property

Charles has advised, with Caribbean and Liechtenstein Counsel, on litigation risks arising out of various proposed off-shore holding structures. Further, Charles has assisted in relation to:

• A claim for undue influence in relation to the sale of a house by a terminally ill individual to an associate. 
• Advising as to the enforceability of certain pre-emption rights granted prior to the coming into force of the Land Registration Act 2002.
• Advising as to the construction of historic real property deeds and in relation to adverse possession in both registered and unregistered land.

Insolvency, Companies and Partnership

Insolvency

Insolvency work forms an increasingly large part of Charles’ practice. Charles advises in relation to personal and corporate insolvency and appears regularly in the County Court, in Bankruptcy and the Companies Court. In addition to representing both Petitioning Creditors and Debtors in the usual enforcement proceedings, Charles has recently: 

• Acted for both Applicant and Respondent in applications for injunctions restraining the presentation of winding up petitions.
• Made and resisted applications to set aside statutory demands.
• Represented clients in obtaining orders for the appointment of provisional liquidators.

Companies & Partnership

Charles has recently assisted in advising in relation to:

• A dispute between shareholders in a joint venture company including allegations of breach of contract, breach of fiduciary duty and unfair prejudice (and on the scope for relief under s.994 Companies Act 2006).
• A dispute between a former equity partner of a Solicitor’s practice and the remaining partners over the buyout of his share (raising a range of issues under the Partnership Act).

Professional Negligence

Recent work includes:

• Advising in relation to a claim against a law firm in relation to the sale of an oil rig.
• Advising a bank in relation to potential liability arising out of a fairness opinion provided in relation to a merger.
• Assisting in advising on quantum in a solicitor’s negligence claim arising out of a failure to facilitate a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.
• Assisting in advising in relation to a claim by the buyer of a company against the company’s auditors for the negligent preparation of the company’s accounts.