Daniel Tivadar is a Barrister-at-Law qualified in England and Wales and an Advocate qualified in Zimbabwe. His main areas of practice are commercial litigation and domestic and international commercial arbitration. He regularly sits as an arbitrator and may be appointed directly, through his Chambers in London or through the arbitration bodies listed below.
Daniel has a busy commercial arbitration practice dealing with both domestic and international disputes. He regularly sits as a sole arbitrator and has experience of acting in a three-member tribunal. His arbitration experience includes construction project disputes, mining, supply of goods and services, tenancy agreements and share sale agreements. He has conducted cases under the Model Law, ICC rules, LCIA rules, UNCITRAL rules and the AAA rules as well as ex aequo et bono.
Daniel has appeared in breach of contract claims, matters relating to agency, sale of goods, provision of services, property disputes and vindicatory claims. He has experience in dealing with tortious/delictual claims in a commercial setting including procuring a breach of contract, professional negligence and misfeasance in public office.
Daniel represents clients and provides advice on a wide range of commercial matters such as issues relating to construction, procurement, telecommunications, company law, financial services, tax, listing rules, indigenization and the Exchange Control Regulations. He has particular expertise in matters relating to securities and security-agency arrangements.
Daniel has a keen interest in matters relating to public law and constitutional law. He has appeared in the Privy Council as well as the High Court in cases relating to discrimination, commencement of direct claims under Human Rights legislation and exemplary damages against the State for false imprisonment.
PUBLIC / CONSTITUTIONAL LAW
Daniel was born and brought up in Budapest, Hungary. He won a scholarship to the UK to study for his A levels at Bishops Stortford College. Two years later he obtained a full academic scholarship to read Law at Cambridge University, where he achieved the 6th highest mark in his year in the Tripos I examinations and was elected scholar of Downing College. Thereafter, he obtained the Bachelor of Civil Law degree from Oxford University. He tutored Roman Law at Oxford University and was a research assistant to Professor Burrows for the ‘Law of Restitution’.
Daniel commenced his legal carrier at Clifford Chance LLP in London () where he worked in Insolvency, Private Equity (Frankfurt office), Competition law, Litigation and Arbitration. In 2005 Daniel transferred to the Bar and specialised in Commercial Litigation and Arbitration as well as Public law. He remains a door tenant at 3 Hare Court Chambers and may be instructed as Counsel or Arbitrator via his Chambers in London. He was Judicial Assistant for two terms to Lord Dyson, the current Master of the Rolls.
Daniel moved to Zimbabwe in 2013, cross-qualified as a Zimbabwean legal practitioner and commenced work at Gill, Godlonton & Gerrans (). In 2015 he transferred to the Zimbabwean Bar where his work focuses on commercial litigation and arbitration. Daniel regularly sits as an arbitrator and may be appointed either directly or through one of the nominating bodies listed below.
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Member of the Chartered Institute of Arbitrators
ICC Young Arbitrators Group
LCIA Young Arbitrators Group
Young Arbitrators Stockholm
ARBITRATION PANEL MEMBERSHIPS
Commercial Arbitration Centre, Zimbabwe
Africa Institute of Mediation and Arbitration, Zimbabwe
LCIA-MIAC Arbitration Centre, Mauritius
The Botswana Institute of Arbitrators, Botswana
Arbitration Foundation of Southern Africa, South Africa
MA (Hons) in Law, Downing College, Cambridge University;
Bachelor of Civil Law, Lady Margaret Hall, Oxford University;
Postgraduate Award in the Law of Human Rights, Bristol University;
Comparative International Arbitration, Queen Mary University, London
Acted for Claimant in an ICC arbitration in London relating to the performance of an engineering, procurement and construction management contract; led by Simon Lofthouse QC
Sat as arbitrator in case relating to the construction of a shareholders’ agreement.
Sat as single arbitrator in matter relating to a mining dispute, including issues of forced ejectment.
COMMERCIAL AND COMMON LAW
Sibanda and ors v Makonde Industries and ors – appeared for the Respondent liquidator in the Supreme Court
Advised foreign bank in relation to disclosure obligations under Zimbabwean law
Acted for the Defendant in a procurement/construction dispute in the Commercial Court of the High Court.
PUBLIC AND CONSTITUTIONAL LAW
R v Nimrod Miguel (Trinidad & Tobago) ( UKPC 14): represented the convict/appellant in the Privy Council in a constitutionality challenge against the mandatory sentence of death pursuant to the Criminal Law Act 1979. Led by Dingemans QC.
25 Shortheath Road, Chisipite, Harare, Zimbabwe
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