ProfileClive Freedman is a Chartered Arbitrator, and an Arbitration panel member of the Kuala Lumpur Regional Centre for Arbitration.
Clive's practice covers information technology, banking, building and engineering, and commercial fraud. He is particularly interested in cases involving IT (including internet and e-commerce), technical, scientific and accounting issues. He also deals with arbitration, expert determination, employment, insurance, oil and gas, professional negligence, sale of goods and international trade, and company law. He is a CEDR Accredited Mediator and a Chartered Arbitrator, and is named as a leading junior in Information Technology in Legal 500 and Chambers & Partners directories.
‘A well-respected authority on matters such as e-banking and e-commerce, and a noted figure when it comes to arbitration and expert determination. He is “a big name in IT law,” known for his thorough understanding of sophisticated technology.’: Chambers & Partners UK 2015
He has been appointed as Arbitrator by the Chartered Institute of Arbitrators (a dispute concerning payment for professional services), by the British Computer Society (licensing of software), and by a party to a dispute (licensing of software). He was also the arbitrator in an ad hoc appointment concerning interpretation of a commercial contract. He has conducted two Early Neutral Evaluations for CEDR.
As Counsel he has been involved in a number of domestic and international arbitrations, including:
defects in a petrochemical plant (ICC, hearings lasted over three months, claim of £32 million)
insurance claim following an oil refinery explosion (claim of $150 million)
directors and officers insurance for a failed US Savings Bank (claim of $60 million)
oil and gas exploration joint venture (ICC, claim in excess of $1billion)
dispute concerning electronic instrumentation in a process plant
acting on behalf of a foreign government in a commercial dispute
several building contract arbitrations in UK.
Co-author of Kendall on Expert Determination, Sweet & Maxwell, 2008 (with John Kendall and James Farrell).
He also contributed the section on Expert Determination to Westlaw Insight.
He has acted as expert in expert determinations concerning IT services contracts, and has advised experts on questions of law arising in expert determinations. He often gives talks on expert determination.
Clive's main area of expertise concerns disputes about software development projects, and he often gives talks on this subject to solicitors and groups such as the Society for Computers & Law.
He has also been instructed on disputes concerning web site design, intellectual property rights in computer software and databases, and regulatory matters such as electronic money and data protection.
In June 2004 he became a Fellow of the British Computer Society, and from 2008 to 2013 was Chair of the BCS Disciplinary Panel.
He is a Trustee of the Society for Computers & Law. He is a Member of the Bar Council's IT Committee, and has sat on committees concerned with the use of IT in the Courts (eg ITAC). He is a former Trustee of the British and Irish Legal Information Institute (www.bailii.org), and wrote the software for converting judgments to HTML for the BAILII web site.
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