Experience

Commercial and financial disputes

• Representing Renault in the NOx Diesel Emissions Group Litigation in London, proceedings of an unprecedented scale (with around 1.8 million claims issued against car manufacturers) and complexity. In an extensive liability ruling in July, the High Court rejected all claims against Renault.
• Representing a technology innovation investment company in bringing and defending claims with the total value of USD 2bn against a multinational investment bank arising from a shareholders’ agreement between them and related to the management of subsidiaries and the valuation of a call option
• Representing the former executive management team of Wind Energy Holdings Limited, Thailand’s largest wind energy company, in defending a high-profile claim of over USD 800m. The claim gave rise to issues of fiduciary duty and highlights the complexities of cross-jurisdictional legal issues arising out of allegations of civil fraud. This case is featured in The Lawyer’s Top 20 Cases of 2022.
• Representing Cape plc, a large multinational group which provides industrial services to the energy and natural resources sectors, in its bet-the-company “unprecedented” successful action for injunctive and declaratory relief against a receiver appointed over the company by the court in South Carolina.
• 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.
• Advising the insolvency administrator of a pan-European real-estate group currently in insolvency proceedings in the context of an anti-suit injunction brought in the Commercial Court (KBD) on the basis of a jurisdictional clause in favour of arbitration in London.
• Advising a large Middle Eastern tech company in relation to potential high-value proceedings against a prominent US investor arising from the investor’s attempted withdrawal of funding and equity in the client’s global business and related matters.
• Acting for a construction engineering company in proceedings in the Business and Property Courts (TCC) in a claim arising from the design and construction of a fluidised bed gasification plant in Hull.
• Acting for a multinational energy company in proceedings in the Business and Property Courts (TCC) in respect of property damage and business interruption claims arising from the failure of an oil refinery in Stanlow.

Investment Arbitration

• Advising investors in multiple proceedings before the ECHR and in investment treaty arbitration under UNCITRAL rules against an Eastern European state in respect of a EUR 500m damages claim arising from the termination of licenses.
• Acting for an Australian listed mining company in ICSID annulment proceedings against the Republic of The Gambia in respect of a successful award for AUD 31m in relation to the termination of a mining concession (ICSID Case No. ARB/09/19).
• Advising investors on the effect of termination of intra-EU BITs in the context of treaty planning and protection. Assisting in business development and external learning functions on aspects of international investment law.

Annulment and enforcement proceedings

• Advising a private investment company on the recognition and enforcement action of an ICC award in a claim exceeding USD 2bn relating to the acquisition of a commodity producer in Brazil. This dispute concerned the closing conditions under a Brazilian law governed Share Purchase Agreement and the valuation of the target company.

Insurance/Reinsurance Disputes

• Advising reinsurers in JAMS mediation proceedings in respect of an insurance coverage claim worth USD 1.4bn arising from a dam failure in Brazil.
• Advising a global reinsurer in relation to a EUR 1bn aggregate claim made by a multinational insurance company in respect of all payments made by them through various subsidiaries in Europe relating to the COVID-19 pandemic.
• Advising reinsurers in LCIA arbitration proceedings in respect of claims for insurance cover arising from the construction of a hydroelectric dam in Brazil.
• Advising reinsurers in respect of errors and omissions claims and data security breaches in the technology, media and healthcare sectors in North America.