Principal Areas of Practice:

• International Arbitration (as Counsel and Arbitrator)
• Commercial (UK and Offshore)
• Financial and Regulatory
• Defamation and Reputational Damage
• Serious Crime
• Civil and Criminal cases involving vulnerable witnesses

Education and Appointments:

• Appointed King’s Counsel (2024)
• Member of the Judicial Committee of Motorsport UK (2019-2023)
• Panel Arbitrator Mauritius International Arbitration Centre (current)
• Expert Witness Competency Course Examiner for the RICS (2020-2021)
• Governor of Loretto School (2014-2021)
• Accredited CEDR Mediator (2010)
• Chartered Arbitrator (2008)
• Fellow of the Chartered Institute of Arbitrators (2007)
• QML School of International Arbitration Diploma in Commercial International Arbitration (2006)
• Member of the Middle Temple (called 2000)
• Member of the Faculty of Advocates (called 1999)
• Qualified Solicitor Tods Murray WS (1998)
• Diploma of Legal Practice University of Aberdeen (1996)
• LLB University of Aberdeen (1995)
• MA University of St Andrews (1993)

Experience:

Overview:

William Frain-Bell is an extremely effective and adaptable counsel with more than 25 years’ experience of top-tier dispute resolution, in courts and tribunals all over the world. A highly accomplished and formidable advocate at the highest levels, whether in the field of international arbitration [2023-24 led the Respondent team in ICC arbitration Japanese Cable System Co. v (1) UAE Co. Power Projects Division; (2) a UAE Power LLC; and (3) a UAE Engineering LLC a construction dispute under French and UAE law] or in the criminal courts as a prosecutor [recent successful prosecutions include HMA v McKee murder; HMA v Lingard solicitor charged with historic sexual offences; and HMA v Grant serious BDSM rape and assaults of former partners]. William also has significant experience in dealing with expert witnesses, particularly in the fields of medicine; forensic accountancy; company share valuations; and quantity surveying. He is very user friendly, versatile, determined and meticulously prepared in advance of consultations and hearings. William is accustomed to both working alone and leading teams of counsel, solicitors and experts as required.

International arbitration (as counsel):

Described as “outstanding” in the Chambers UK’s legal directory, William is regularly instructed as counsel in international arbitrations around the world and has an excellent knowledge of the various global arbitration bodies including the LCIA, ICC and the DIAC. He also has significant experience in advising clients on both jurisdictional and enforcement related issues. Most of his work relates to disputes in the construction, real estate, finance and energy sectors, which have included disputes relating to various large-scale infrastructure and development projects in the UAE, India and Africa. William is also experienced in investor state arbitration including denial of justice and expropriation claims. Recent arbitrations include:

• US$150m investor-state dispute (India and Mauritius) under the UNCITRAL Rules involving 6 months of living and working in Mumbai;
• US$200m shipping dispute (Contract of Affreightment) under the rules of the SIAC;
• AED200m non-payment/EOT application dispute in the DIAC;
• US$2m breach of contract claim relating to the sale and distribution of mobile phones in Hong Kong under the rules of the LCIA;
• Advising the Claimant in respect of a proposed ICSID claim (denial of justice) because of failures in the legal system of the Slovak Republic;
• ICSID Arbitration - [Cambodia Power Company v The Kingdom of Cambodia ICSID Case No. ARB/09/18] - Counsel team member for the Claimant in a US$250m power supply dispute;
• DIAC Arbitration - AED250m unfair termination arbitration relating to the construction of a twin-tower block in Dubai;
• DIAC Arbitration - Seconded as deputy to law firm (Pinsent Masons) international arbitration partner in an AED60m arbitration involving the quality of the construction of the largest structure of its kind in the world;
• DIAC Arbitration - Counsel acting for the successful purchaser claimant in respect of an AED8m dispute with a master developer relating to the construction of a villa development in Dubai.
• DIAC Arbitration - for the successful developer claimant in respect of proceedings with a value of AED12.5m concerning the sale of properties of land in Dubai. Thereafter acted for the claimant in successful UK High Court enforcement proceedings; and
• DIAC Arbitration - Counsel for the Claimants in an AED15m dispute against a developer in respect of breach of contractual obligations leading to contract termination.

International Arbitration (as Arbitrator):

As a regularly appointed arbitrator [Chartered Arbitrator since 2008] William has developed a unique insight into “what really makes decision makers tick” and brings this fully to bear when presenting his own cases as counsel. He is particularly clear on the importance of avoiding “bad points” and focussing on what really matters to the final decision maker [2021-23 Tribunal member with former Lord Justice of Appeal Sir Christopher Clark and Colin Edelman KC in a USD70m claim brought by a commodities broker against a global re-insurer; and currently appointed as Tribunal member in significant USDmm claims in two ICC arbitrations in Qatar and Turkey]. William has also been appointed Chairman of panel of 3 arbitrators in DIAC international arbitration regarding payment dispute in relation to the hiring and usage of construction heavy plant hire machinery. He is also currently sole arbitrator in a UK based construction dispute involving the conversion of a stately home into apartments.

Offshore:

William has a particular interest in dispute resolution in the UAE and Qatar [Journal of the Enforcement of Arbitration Awards: “Enforcement’s Coming Home – Remember Qatar? Pre-World Cup optimism for the recognition and enforcement of arbitral awards”] and has been instructed as lead counsel in multiple claims in the Dubai International Financial Centre Courts (where William is a registered practitioner) and between 2010 and 2014 in the Dubai World Tribunal (DWT), which was presided over variously by former Lord Justices of Appeal Evans, Chadwick and Steel. In 2010 William was successful for the claimant in the landmark first trial with witnesses in the DWT [Diamond Developers v Nakheel & Jumeirah Village LLC (DWT/0019/2010) which ruling required Nakheel to finalise agreement to credit in excess of US$8m in down payments on two islands in The World Development to seven plots of land in Jumeirah Village] and in 2013 with Sir Geoffrey Cox KC, in the first case of a non-contracting party being liable for undertakings given to the claimant in relation to a hotel development site in Dubai [Greenfield Trading FZC v Nakheel PJSC (DWT/0038/2011) claim for economic loss following the defendant's employee's negligent misrepresentation in relation to the suitability of land in Dubai for a resort hotel complex. Believed to be the first decision of its kind under the UAE Civil Code].

Through TMC’s long established historical ties with Mauritius, before the Privy Council, in Peerthum v The Independent Commission Against Corruption and the Commissioner of Police of Mauritius [2014] UKPC42, William was counsel for the Commissioner of Police in successfully defending an appeal from the Supreme Court of Mauritius relating to challenges regarding the Constitutional powers of the respondents in Mauritius, in relation to the arrest of public officials for alleged criminal offences. In Kurt Scott v Caribbean Utility Co Ltd William was counsel for a US national claimant in a multi-million personal injury claim in the Cayman Islands Grand Court, following an explosion at work that left the claimant with life changing disabilities, including severe burns and psychiatric illness. William worked closely with medical experts in both the US and UK and the case was successfully settled prior to trial.

Financial and Regulatory:

William has a particular interest in financial disputes (including tax and fraud), both as counsel and mediator [Accredited CEDR mediator since 2010]. In 2024 he was appointed mediator in a hedge fund shareholders dispute and is currently leading the prosecution teams in a Bribery Act prosecution involving payments made to a Sovereign State government minister; a global payment services VAT fraud; and a nationwide residential property insulation fraud. He also has experience in cases involving misconduct in public office [junior to Sir Geoffrey Cox KC in the successful 2013 defence of the Premier (Prime Minister) of the Cayman Islands R v Wm. McKeeva Bush OBE and William is currently instructed as leader for the defence in charges against a local authority procurement officer (trial June 2026)].

In Ford and Owen v The Financial Conduct Authority [FS/2014/005] William advised the former CEO of Keydata Investment Services Ltd in relation to his appeal to the Upper Tribunal, following the imposition of the largest ever fine by the FCA on an individual (£75m), following the collapse of a leading UK investment product distributor. In Merlin Scientific LLP v HMRC [2015] UK FTT William was led by Kieron Beal KC in a VAT appeal before the Upper Tribunal determining the relationship between home office use with hotel facilities and corporate entertainment. The FTT found that there had been no free supplies of business entertainment by the taxpayer.

Defamation and Reputational Damage:

In Eshraq Investments PJSC v (1) Shehab Gargash; (2) Daman Investments PSC; and (3) Daman Real Estate Partners Ltd [CFI-077-2021] William in May 2023, was lead counsel for the claimant, who had claimed losses for breach of contract in a real estate development claim, following the delayed handover of 58 apartments in the Burj Daman Tower in Dubai. The claim was met with a significant counterclaim which included seeking substantial damages (c.AED 70m) for defamation and malicious prosecution, causing alleged damage to business reputation and a subsequent outflow of investment funds from the defendant. The counterclaim followed the claimant instigating the high profile arrest of the first defendant, a prominent UAE business leader, at Dubai International Airport.

In Wm. McKeeva Bush OBE v Commissioner of Police David Baines OBE, Duncan Taylor CBE and the Attorney General of the Cayman Islands William was junior counsel in 2014 to Sir Geoffrey Cox KC in an action brought by the former Premier of the Cayman Islands against the Islands' Commissioner of Police, Governor and Attorney General for: (i) malicious prosecution; (ii) conspiracy to commit misfeasance in a public office; and (iii) conspiracy to injure. In Alden McLaughlin v Wm. McKeeva Bush OBE William was again junior counsel to Sir Geoffrey Cox KC for the defendant in an ongoing libel action brought by the then Premier of the Cayman Islands against the former Premier, Mr Bush, following statements made by Mr Bush that he had been removed from office because of an undemocratic plan orchestrated by the claimant and others.


Cases involving vulnerable witnesses:

William has significant experience in taking evidence from vulnerable witnesses, particularly in cases involving historic sexual and domestic abuse. This often involves taking pre-recorded evidence in advance of trial. These skills and experience are also well suited to fact finding hearings where there are allegations of sexual and/or domestic abuse are made during Family Law court proceedings involving children.
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And when not in Court…

William has a level-headed temperament and is comfortable making decisions in fast changing and challenging environments, and not only in court. He sailed across the Atlantic Ocean in 2011 and crossed the Sahara Desert, as navigator for Team Bowler in the 2019 Africa Eco Race (formerly the Paris-Dakar Rally) from France to Dakar in Senegal; achieving second in class in a Land Rover Defender. Using only basic navigational aids, he directed the driver through 6,500kms of hostile terrain and at times territory. This required total focus and split-second decision making, whilst in constant danger of mind disorientating dehydration and mechanical failures, let alone becoming lost.