Our expertise
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We have extensive experience of acting for claimants and defendants in commercial and other business-related disputes. Many of our matters involve an international element and typically concern complex and high value claims. We have also been involved in a number of successful mediations and other forms of alternative dispute resolution (ADR).
We have worked extensively with the leading sets of commercial chambers in London and with the leading firms of forensic accountants. We also have a network of international firms who we regularly work with.
We conduct cases in the following areas:
Fraud and asset tracing
Professional negligence
Energy and mining disputes
Company law disputes, including shareholder claims
Competition law claims
Insolvency disputes
Contentious trusts disputes
Media and defamation claims
Property disputes
Contempt of court
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We have extensive experience of representing parties in international arbitrations and dealing with claims in the High Court based upon arbitration agreements and arbitration awards. We act for clients in commercial arbitration and investor/state disputes across a number of arbitral forums where English law is the governing substantive or procedural law.
Our recent experience in this area includes:-
• Successfully enforcing a substantial ICC Arbitration Award of some US$30 million, using section 66 of the Arbitration Act and related English High Court enforcement processes. We were instructed on behalf of a Kuwaiti oil services company and obtained enforcement of the entire award, together with the arbitration costs and the costs of enforcement within a matter of months.
• Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S [2021] EWHC 3301 : Acting, together with Charles Kimmins KC and Mark Tushingham of Twenty Essex, on behalf of a claimant mining services company in successfully fending off an application to challenge an arbitration award under section 68 of the Arbitration Act 1996 and securing enforcement pursuant to section 66. The matter involved co-ordinating enforcement processes in London, New York and the DRC. The decision of the English High Court also upheld a substantial award of litigation funding costs.
• Acting for a joint venture partner in connection with a dispute with an oil major concerning a green hydrogen energy project in North Africa.
• Albion Energy Limited v Energy Investments Global Limited [2020] 1 Lloyds Rep. 501: Acting, together with Lord Grabiner KC of One Essex Court, Julian Kenny KC and Michal Hain of Twenty Essex, for a claimant in a claim for US$33 million for breach of a share purchase agreement, including a successful application for summary judgment and defeating the defendant’s application to stay proceedings under section 9 of the Arbitration Act 1996.
• Advising in connection with a number of substantial international arbitration claims against Sovereign States arising out of bi-lateral treaties with Members States of the European Union. Our role involved investigating enforcement issues against the Sovereign States in question, in particular arising out of the CJEU’s decision in Slovak Republic v Achmea.
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• JJH Enterprises Ltd v Microsoft Corporation & Others
Representing the claimant in a substantial claim for breach of European competition rules currently being heard in the Competition Appeal Tribunal. The Firm, in conjunction with Maya Lester KC and Max Schaefer of Brick Court, successfully defended an application by the Defendants to challenge jurisdiction in 2022 (see [2022] EWHC 929 (Comm) Picken J). The claim is currently progressing in the Competition Appeal Tribunal.
• Hummingbird v AMS & Perenti
We acted for the defendants/counterclaimants in a substantial claim arising out of a mining contract in Mali, West Africa. The counterclaim, which was vigorously defended, was particularly complex, involving allegations of a fraud worth in excess of $400 million, with underlying issues concerning various torts and breaches of contract.
• Ras Al Khaimah Investment Authority v Farhad Azima
We acted for a defendant in a substantial counterclaim brought by Farhad Azima seeking substantial damages for alleged hacking and to overturn a prior judgment of the High Court. The firm, in conjunction with Fionn Pilbrow KC and Aarushi Sahore of Brick Court Chambers, represented one of the defendants from mid-2022, including in relation to the above appeal to the court of appeal.
• ENRC v Dechert & Others
The firm has represented the second defendant, Mr Neil Gerrard, in the above substantial claim since mid-2022. The matter has included an application for contempt of court in which the firm, together with Sasha Wass KC of 6KBW and Michal Hain of Twenty Essex, succeeded in securing the recusal of the trial judge.
• Al Sadeq v Dechert & Others
The firm acted for the second defendant, Neil Gerrard, in conjunction with Fionn Pilbrow and Aarushi Sahore of Brick Court Chambers, in the above proceedings concerning a substantial claim for damages.
• Katanga Contracting Services v TFM
The firm acted, together with Charles Kimmins KC and Mark Tushingham of Twenty Essex, on behalf of a claimant, in successfully fending off an application to challenge an arbitration award under section 68 of the Arbitration Act 1996 and securing enforcement pursuant to section 66. The decision also upheld a substantial award of litigation funding costs (see [2021] EWHC 3301 Comm).
• Albion Resources Limited v Heritage Oil & Others [2022] EWHC 162 (Comm)
The firm acted, together with Michal Hain of Twenty Essex, on behalf of a claimant in a commercial court claim concerning the repayment of a substantial loan to a former shareholder of an oil company. Judgment was successfully obtained in early 2022.
• Federal Republic of Nigeria v Royal Dutch Shell Plc & Others [2020] EWHC 1315 (Comm)
The firm acted on behalf of a defendant in a substantial claim for damages arising out of the award of an oil concession in Nigeria. Charles Fussell acted (as Counsel) for a successful defendant in an application to challenge jurisdiction under Articles 29 and 30 of the Brussels Regulation (Recast)
• Albion Energy Limited v Energy Investments Global Limited [2020] 1 Lloyds Rep. 501
Acting for the claimant, together with Lord Grabiner KC of One Essex Court, Julian Kenny KC and Michal Hain of Twenty Essex in a claim for US$33 million for breach of a share purchase agreement, including a successful application for summary judgment and defeating the defendant’s application to stay proceedings under section 9 of the Arbitration Act 1996
• Kazakhstan Kagazy Plc & Others v Maksat Arip & Others
The firm represented the defendant post-judgment in connection with enforcement of a substantial claim for damages arising out of a fraud.
• Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch) and Libyan Investment Authority v Societe Generale & Others
The firm provided advise and assistance to the claimant in its substantial claims for damages arising in the above matters.
• Dar Al Arkan Real Estate Company & Anor v Al Refai [2015] EWHC 1793 (Comm)
The firm acted for the Claimants, in conjunction with Addleshaw Goddard, in connection with the substantive underlying claims and subsequently in connection with enforcement proceedings concerning judgments from Bahrain. See [2018] EWHC 616 (Comm).
• Kaneria v Kaneria & Ors [2015]
The Firm, together with Lance Ashworth KC of Serle Court and Patrick Harty of Erskine Chambers represented the Respondents in successfully defending an unfair prejudice petition under section 994 of the Companies Act 2006. In addition, the firm successfully defended a debarring application made pursuant to principles in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537. See [2014] EWHC 1165 (Ch).
• Berezovsky v Abramovich and The Estate of Arkady Patarkatsishvili
The Firm was extensively involved, in conjunction with Addleshaw Goddard, in the above matters, including advising witnesses and dealing with disclosure issues.