Neil Newing

International Commercial Arbitration

• Representing CA Investment (Brazil), the Brazilian subsidiary of Paper Excellence, in a much-publicised USD 3bn dispute against Brazil’s second largest business group, J&F Investimentos, concerning the acquisition of Eldorado Brasil, a pulp production major. The dispute spanned 6 years, involved four arbitrations and multiple court proceedings in several jurisdictions. We played an instrumental role in securing a global settlement between the parties.
• Representing a consortium of oil companies, including major Asian NOCs, in a high-profile USD 1bn UNCITRAL dispute against a sub-Saharan African State over a joint venture in relation to the ownership and operation of a strategically important pipeline project.
• Representing a South African multinational mobile telecommunications company in a USD 1bn ICC dispute with its JV consortium partners arising out of a tender for a mobile licence in a Middle Eastern state.
• Representing one of the JV partners in a USD 300m LCIA dispute concerning non-payment of funding into the joint venture vehicle in relation to the purchase of one of the world’s largest aluminium production companies.
• Representing a CIS party in an LCIA dispute involving cross-claims in respect of reciprocal indebtedness arising out of loan arrangements regarding the ownership of an airline. The total value of claims and counterclaims was in excess of USD 300m.
• Representing an Armenian mining company in four separate LCIA arbitrations in London and related court proceedings in offshore and CIS jurisdictions arising out of a joint venture (and related finance arrangements) with a prominent CIS bank and related entities concerning the operation of a large copper mine. The total value of the disputes exceeds USD 300m.
• Representing the co-founders and minority shareholders of a leading fintech company in Asia in a USD 150m SIAC dispute with the majority corporate shareholder concerning claims for minority oppression and contractual breaches.
• Representing a major Asian NOC against a Sub-Saharan entity in a USD 100m SCAI dispute arising out of a cooperation agreement concerning upstream and downstream projects in Algeria which involved issues of contract validity, contractual performance and corruption.
• Representing a Western European company against a major Scandinavian oil and gas company in a USD 100m LCIA dispute arising out of a contract for the sale of gas condensate procured from a third party, an Eastern European company. The dispute involved numerous jurisdictions around the world and concerned issues of interference with the client’s source of supply, wrongful termination of the contract and fraud.
• Representing one of two JV partners from the CIS in a USD 100m LCIA dispute concerning their ownership of a large commercial property in Moscow and involving issues of fraud and misappropriation through complex corporate structures which spanned across Russia, England, Cyprus, Switzerland and the BVI, and including issues of English, Russian, BVI and Cypriot law
• Representing an East Asian trading company in a USD 35m LCIA dispute with a state-owned energy company from a CIS country concerning the supply of emission reduction credits under the Kyoto Protocol.
• Representing one of the largest global aircraft leasing companies in a USD 25m ICC dispute against a European guarantor of an Eastern European airline Cyprus entity concerning recovery of outstanding rental monies through the enforcement of a California law guarantee.
• Representing an international oil major in a USD 20m LCIA dispute against an African beneficiary of indemnities under the SPA for the sale of a downstream fuel distribution and sales business in a Sub-Saharan African country. The dispute concerned the scope of indemnities and CPs for enforcement of indemnities.
• Representing a Middle East drilling contractor against subsidiaries of a large Asian oilfield services company in a USD 18m SIAC dispute concerning the hiring of offshore oil rigs for the purpose of drilling oil wells in Iranian waters. The case involved issues of the scope of the arbitration agreement and interpretation of contractual payment clauses.
• Representing an African subsidiary of an English listed company in a multi-million USD London seat ad hoc arbitration against an African supplier arising out of an agreement for the supply of chemical products required for the operation of a gold mine in Africa.
• Representing the purchaser, a European listed healthcare company, in a USD 16m ICC dispute and related English High Court proceedings against the sellers, Asian companies, under an SPA concerning the sale of a UK clinical services subsidiary; the issues involved a breach of warranties due to fraud relating to financial liabilities.
• Representing a European listed aviation company in defending claims made by a North American company in a USD 13m ICC dispute for alleged breaches of warranties under an SPA relating to the sale of the business involved in manufacture and supply of landing gear.
• Representing a Hong Kong based supplier of consumer goods in a USD 5m DIFC-LCIA dispute and parallel English High Court proceedings against a Saudi Arabian purchaser concerning a breach of contractual payment obligations.
• Representing an Asian steel manufacturing company in a multi-million USD LCIA dispute against an Australian mining company arising out of a contract for the supply of coal and involving issues of contractual payment and related obligations.

Investment Arbitration

• Representing a country in the MENA region in a USD 2.6bn ad hoc arbitration involving issues of full protection and security, expropriation and fair and equitable treatment in the context of the Arab Spring events and concerning an investment into local infrastructure (eg. water supply, roads) in remote regions.
• Representing US investor Discovery Global LLC in a USD 600m ICSID arbitration against Slovakia concerning breaches of the US-Slovakia Bilateral Investment Treaty relating to Discovery’s investment in oil and gas exploration activities in eastern Slovakia
• Acting for a MENA State in defending a USD 600m UNICTRAL arbitration brought by a leading Middle Eastern mobile operator arising out of a tender process for a private GSM licence and a change in the local legislation. The dispute involved issues of indirect expropriation and violation of FET standards.
• Representing a MENA State in defending a USD 500m claim brought by a UAE construction company in ad hoc/UNCITRAL arbitration under the Organisation of the Islamic Conference Agreement relating to the termination of its investment in the host State, and involving issues of expropriation and fair and equitable treatment
• Representing one of the world’s largest mining companies in a USD 500m investment treaty UNCITRAL claim against Liberia relating to a lucrative iron ore mining project and involving issues of expropriations and allegations of conspiracy between the state and another mining conglomerate.
• Representing a global conglomerate engaged in the procurement and export of agricultural commodities with operations across Africa, in relation to a USD 400m investment treaty arbitration against an East African State and involving allegations of expropriation of the investor’s goods and other malfeasances.
• Advising an oil exploration company in relation to a USD 3bn, ICSID investment state dispute under the Energy Charter Treaty arising out of a profit-sharing agreement in relation to oil exploration rights and concerning boundary issues.
• Representing a London-based publicly listed mining company in relation to a USD 25m investment treaty dispute against a Sub-Saharan African country relating to adverse retroactive tax measures.
• Representing a MENA State in defending a USD 20m ICC claim brought by a Turkish construction company relating to non-payment of government’s debts under a settlement agreement relating to multiple public works projects, and involving issues of denial of justice and expropriation.
• Representing a major NOC in relation to a multi-million USD ICSID/ICC dispute against a South Asian country concerning exploration and production sharing activities and threatened relinquishment of exploration.

Commercial Litigation in relation to Enforcement or Challenges of Arbitral Awards

• Representing an oil and gas company from the MENA region in a s.67 and s.68 of the Arbitration Act 1996 challenge of a liability award rendered against it in an ad hoc arbitration against an oil and gas company from the same region where the value of claims was in excess of USD 2bn.
• Representing a North African telecoms company against the same North African country in enforcement proceedings of an investment treaty award in its favour with the total value of the award in excess of USD 200m. The issues at the enforcement stage included the ability to enforce against State assets, and whether assets of state-owned entities can be enforced against.
• Representing a country in the MENA region against a company from the same region in resisting the enforcement of an ICSID award for the total value in excess of USD 100mn on the basis of state immunity issues.
• Representing a Central European oil and gas distributor in a s.68 of the Arbitration Act 1996 challenge of an LCIA award dismissing its claim against a Scandinavian oil and gas company in a multi-million USD dispute concerning the interference of the Scandinavian company with the source of supply and wrongful termination of the contract for the purchase of gas condensate.
• Representing an East Asian energy company in enforcement of a USD 6m SIAC award in its favour against a number of Asian individuals, the respondents in the underlying arbitration. The underlying arbitration arose out of a failed M&A transaction. Enforcement involved obtaining worldwide freezing injunctions and third-party debt orders in subsequent pursuit of enforcement.

Other notable Commercial Litigation matters

• Representing Privinvest, a world leader in naval shipbuilding, in a USD 3.1bn high-profile, complex Commercial Court claim (now on appeal to the Court of Appeal) brought by the Republic of Mozambique against Credit Suisse, Privinvest, and others. The claim relates to supply agreements and supporting financial instruments and guarantees entered into by state-owned enterprises dedicated to the development of Mozambique’s offshore Exclusive Economic Zone and supporting international investment into its oil and gas reserves. The claim engages allegations of bribery of Mozambican government officials. An appeal on issues of sovereign immunity featured in The Lawyer’s Top 10 Appeals of 2024. Following judgment against Privinvest (though in which most of Mozambique’s allegations failed), Privinvest obtained permission to appeal on numerous grounds, including on whether a fair trial was possible in light of established disclosure breaches by Mozambique. The appeal is listed to be heard by the Court of Appeal in June 2026.
• Representing the claimant in the groundbreaking GBP 50m dispute against Marks & Clerk LLP in relation to secret commissions earned from longstanding commercial referral arrangements with CPA Global. The case proceeded as a representative action under CPR 19.8 and became a leading authority on the issue of England’s ability to host group action claims.
• Representing a US private equity group in a series of complex disputes with the total value of EUR 20m arising out of investments made in the healthcare industry and involving claims under an SPA, challenges to the appointment of a receiver and issues of confidentiality breaches.
• Representing a listed IT/telecom company in a multi-million “bet-the-company” dispute with a multinational technology company relating to a failed IT project.
• Representing a high-net-worth individual in successfully resisting a Norwich Pharmacal order in respect of documents and information sought from him concerning alleged financial mismanagement.