Gavin Dingley FCIArb
- Called: 2015
- gavindingley@fivepaper.com
Profile
Gavin has a domestic and international practice specialising in international arbitration, sports and entertainment law. As part of his international practice, he is a member of the Brussels Bar, and has rights of audience before the Astana International Finance Centre Court in Kazakhstan and Abu Dhabi Global Market in the UAE.
As part of his regulatory practice Gavin represents professionals before disciplinary tribunals and has a particular focus on sports. He appears before domestic (Rule K) and international arbitral tribunals (CAS, UEFA, FIFA and the FIA) and advises on selection, doping, eligibility, safeguarding, integrity and disciplinary issues affecting athletes, management, clubs and leagues from a range of different sports and jurisdictions. He brings a unique perspective to cases having been a high-level athlete himself before coming to the Bar.
Gavin’s commercial practice has a focus on international commercial arbitration. He advises international corporations and often acts as part of large multi-jurisdictional legal teams as led or sole counsel in complex commercial disputes involving parties from Africa, Asia and the Middle East. He represents clients in disputes administered under the LCIA, SCC, ICC, SIAC and UNCITRAL rules, and also has experience with post-award matters at the annulment and enforcement stages. Moreover, he has received, and continues to accept, appointments as sole and co-arbitrator.
Gavin is both direct access and litigation qualified. This means he can be instructed directly by general counsel from international corporations, governments, state officials, businesspeople, federations, agents and athletes.
Sports Law
Gavin represents professional athletes, sports governing bodies, agents and clubs before a range of domestic and international tribunals and courts, including the Court of Arbitration for Sport and Sports Resolutions. He advises on all sports-related matters, including contract disputes, anti-doping rule violations, match-fixing charges, selection disputes, disciplinary matters, governance and corruption. He also takes instructions in non-contentious matters, such as drafting and advising on regulations and governance issues.
Gavin’s recent highlights includes:
- Representing a coach before internal disciplinary proceedings and on appeal in respect of sexual misconduct and safeguarding policy breaches.
- Representing a member of the Senior PGA Championship in disciplinary proceedings.
- Advising a Super League Player over deducted/unpaid wages from his club following an anti-doping violation.
- Representing a member of a well-known Championship Golf Course in internal disciplinary proceedings.
- Drafting representations to the UKAD (UK Anti-Doping) concerning a Rugby Union player’s anti-doping violation.
In addition, Gavin sits as an arbitrator and disciplinary panel member for England Hockey, England Badminton, British Canoeing, Scottish Athletics and is the Disciplinary Panel Chair for the City of Hull and District in Rugby League.
International Arbitration
Gavin appears as counsel in international commercial arbitrations, both in London and abroad, and under a under a wide variety of laws and institutional rules, including LCIA, SIAC, AIAC, ICC and UNCITRAL rules. Moreover, due to Gavin’s experience in other jurisdictions, he is uniquely placed to act in matters concerning the enforcement of arbitral awards.
Much of Gavin’s arbitration practice involves arbitration-related applications to the Commercial Court under the 1996 Act. This includes applications for interim relief in support of arbitrations (e.g. anti-suit injunctions); seeking or resisting enforcement of domestic or foreign awards under the New York Convention; and challenging or defending awards under sections 67, 68 and 69 of the 1996 Act.
Recent work includes:
- Advised on jurisdiction in a UNCITRAL arbitration concerning breach of a guarantor agreement for sums loaned to state-owned entities in the Middle East.
- Advised on a substantial section 67 Arbitration Act 1996 appeal regarding whether or not the tribunal had jurisdiction to hear the case.
In addition, Gavin advises clients on all facets of the arbitral process (including pre- and post-arbitral steps), such as drafting arbitration agreements, securing pre-arbitration injunctions, and acting as counsel during the arbitration proceedings. He also accepts appointments as an arbitrator in appropriate circumstances.
Arbitral Panel Appointments:
- Court of Arbitration for Art, Panel of Arbitrators
- The Chartered Institute of Arbitrators, BAS Panel
- The Arbitration Foundation of South Africa, Panel of Arbitrators
- Asian Arbitration Centre, Panel of Arbitrators
- Philippine ArbitrationCentre in the Visayas, Panel of Arbitrators
- Mauritius Arbitration Centre – Panel of Arbitrators
Business Immigration
Gavin acts as an advocate and advises in all aspects of immigration, asylum, nationality and EU law. He has particular experience in securing interim relief in complex sponsor licence applications, drafting representations to the Home Office to avoid litigation and dealing with substantive proceedings in the High Court involving the revocation and suspension of a licence. He also provides ad-hoc and specific training to other immigration lawyers through specialised Business Immigration Seminars with MLB.
Recent highlights include:
- Operation Holdings Limited T/A Goldcare Homes v SSHD (CO/5093/2018); Challenge to the revocation of a Tier 2 Sponsor Licence. Interim relief was secured with 4 hours’ notice over the busy Christmas period.
- Advising a MedTech Start-up on Sponsor Licence compliance.
- Successfully represented an Appellant in the Manchester County Court who faced a £120,000 civil penalty for allegedly employing illegal workers.
- Drafted representations for an Appellant facing an illegal working penalty notice lowering the Appellant’s liability from £40,000 to £10,000 for allegedly employing illegal workers on a market stall.
- Drafted representations which assisted in securing a Tier 2 Sponsor Licence for a Technology Start-up in Newcastle upon Tyne.
Personal Immigration
Gavin has expertise in immigration appeals, pre-action correspondence and judicial review challenges involving the deprivation of nationality, revocation of indefinite leave to remain, the right of abode, deportation orders and applications under the Turkish Ankara Agreement. He also regularly advises and acts in urgent applications and injunctions, civil penalties for immigration offences and civil claims for damages for unlawful detention.
Gavin also has extensive experience in Adult Dependent Relative, Spouse Entry Clearance, TOEIC appeals and those involving paragraph 322(5) where individuals are alleged to have cheated on an English Language test or falsified their tax returns to secure an extension on their Tier 1 Entrepreneur visa and therefore fail on suitability grounds.
Recent highlights include:
- UO v SSHD [2020]; Successfully represented an Appellant in a 322(5) – appeal to the Upper Tribunal setting aside the First-tier Tribunal’s adverse determination, where a minded to refuse notice was never given to the Appellant
- R (Saiful Islam) v SSHD [2019]; Represented Mr Islam in a case that received national attention concerning historic injustice an unlawful exercise of discretion. See: https://www.bbc.co.uk/news/uk-wales-51034041
- BW v SSHD [2019];Successfully represented an Appellant in a TOEIC allegation and secured costs for the Appellant.
- R (Gokita) v SSHD [2019]; Successfully represented the Applicant at an oral permission hearing in the Upper Tribunal concerning the date of effective service and whether representations constituted a valid Article 8 Human Rights claim. Following the grant of permission, the SSHD settled the matter.
- R (Bozdag) v SSHD [2019]; Substantive Judicial Review in the Upper Tribunal. The case considered the doctrine of Common Law Fairness in Turkish Businessperson Applications under the ECAA and whether the right of Administrative Review is sufficient.
Qualifications
- Certificate in Sports Arbitration, Asian International Arbitration Centre
- FCIArb – Fellow of the Chartered Institute of Arbitration
- LLM (International Law – SOAS, University of London
- ISISC Diploma – International Institute of Higher Studies Criminal Science, Italy
- Graduate Entry LLB (Hons) – City, University of London
- BA (Hons), Politics – University of Exeter
- Durham School
Professional Memberships
- British Association of Law and Sport
- Australian and New Zealand Sports Law Association
- LawinSport
- African Arbitration Association
- Young ICCA
- International Bar Association
- Chartered Institute of Arbitrators
- Health and Safety Lawyers Association
Appointments
- ANZSLA Advocates Panel (Australian and New Zealand Sports Tribunal)
- Panel Member of the Specialist Regulatory Advocates in Health and Safety and Environmental Law (C-List)
- Attorney General ‘Junior Junior’ Civil Panel Scheme
- Treasury Solicitors’ Immigration List
- Home Office Appeal Review Panel
- Junior Counsel, Under Cover Police Inquiry (2018 – 2019)
- Serious Fraud Office Disclosure Counsel Panel
- SC Security Clearance
Awards
- Honourable Society of Inner Temple Rachel Lawrence Pupillage Scholarship
- Sir Joseph Priestly Scholarship
- ICLR Pupillage Scholarship – Shortlisted
- International Marcianum MootCourt Competition – Winner
- The International Bar Association Scholarship (International Criminal Law)
- Sir Geoffrey Nice Bursary
- The Times/One Essex Court Law Awards – Winner (2ndPlace)
- SOAS Academic Postgraduate Scholarship Award for LLM
- The International Bar Association Scholarship, Vienna Annual Conference
- The International Bar Association Magna Carta Essay Competition -Winner
- Human Rights Lawyers’ Association Bursary
- Clifford Chance Intelligent Aid Essay Competition – Finalist
- Holman Fenwick & Willan LLP – Global Lawyer Essay Competition – Finalist
- Dean’s Award Scholarship
- Honourable Society of Inner Temple BPTC Major Exhibition Scholarship
- Honourable Society of Inner Temple CPE Major Exhibition Scholarship
Additional Information
Prior to joining Chambers Gavin worked as a Legal Assistant in Australia for one of the country’s leading Silks, Julian Burnside OA Q.C. During his time in Australia Gavin helped draft submissions in several applications before the Federal Court and assisted with legal research in a High Court challenge of Australia’s immigration rules. Moreover, Gavin was also involved in helping drafting representations to the International Criminal Court concerning Australia’s treatment of Refugees.
Gavin also worked with the Zambian Law Development Commission where he conducted research and held focus groups for a review of the Penal Code and Criminal Procedure Code. In addition, he helped investigate alleged human rights abuses of the Zambian Prison Service and assisted with drafting memorandum.