International Dispute Resolution
Our aim is to assemble the best team around you (often in multiple jurisdictions) to enable you to win your case. This includes specialist counsel, experts and document management specialists. We have significant international dispute resolution experience and long standing links with specialist litigation funders and insurers and regularly conduct complex litigation on an alternative pricing basis to suit our clients after careful advanced planning and budgeting has been carried out – something with which we have considerable expertise.
Experience and Expertise
A significant proportion of our practice involves litigating on behalf of or against parties domiciled abroad, as well as conducting court litigation and arbitrations in foreign jurisdictions. Jurisdictions in which we have recently conducted work include China, Brazil, France, Germany, Turkey, Switzerland, Tanzania, CIS, various US States and Federal jurisdictions, the Channel Islands, the Isle of Man and other “offshore” jurisdictions.
We are well used to dealing with matters of foreign law and procedure and regularly drafts documents for use in foreign litigation.
Recent international dispute resolution work:
- Acting in relation to a global family partnership dispute arising out of a disputed estate and involving assets including property, commodities and aggregates in multiple jurisdictions held via corporate structures. Proceedings have commenced in both England and multiple foreign jurisdictions including the Seychelles, Cayman Islands and Australia.
- Acting (in conjunction with lawyers at leading German and Swiss law firms) for a Turkish company in various contested arbitral and legal proceedings regarding a boron extraction plant in Bandirma commissioned by the Turkish government. The proceedings have included the following:
- A successful 4-day challenge in the Commercial Court under s 67 of the Arbitration Act 1996 to the jurisdiction of the arbitrator (a leading English commercial silk) who was due to conduct an arbitration in Istanbul the following week [ASES Havacilik Servis Ve Destek Hizmetleri A.S. v Delkor UK Limited  EWHC 3518 (Comm),  1 Lloyd’s Rep 254].
- Subsequent arbitral proceedings in Switzerland (under Swiss law).
- Costs recovery involving complex issues of the overlapping jurisdiction of the Swiss tribunal, incorrectly constituted English tribunal and the English Court.
- Demand guarantees subject to Turkish law and jurisdiction but restrained from payment by (English) injunctions under s 44 Arbitration Act 1996.
- Representing a Claimant private off-shore bank in respect of a multi-million pound mortgage fraud case including contractual and negligence claims involved. The case ultimately settled at mediation.
- Representing a PLC in LCIA arbitration proceedings regarding the construction of terms of a settlement agreement involving various Russian parties in relation to the purchase of an oil terminal. The matter involved highly complex issues, including complicated corporate structures and ongoing Russian related court proceedings, multi-jurisdictional and cross border issues.
- Instructed by an English company in an ad hoc arbitration against a Chinese NYSE listed company for breach of an agency agreement.
- Representing former Renault F1 engineer in the Spygate II (“tuned mass-dampers”) case before the World Motorsports Council in Monaco. Formal charges were laid against both McLaren and Renault F1 alleging that both teams had used data stolen from competitor teams. Attended and adduced evidence before the FIA demonstrating that while there had been an inadvertent technical breach, no one made use of the data. Whilst McLaren were fined $100m and received a suspended disqualification from the sport, Renault F1 received no sanction.
- Acting for a company in a multi-million professional negligence claim against a firm of accountants who advised and prepared a due diligence report in respect of a US investment.
- Acting for medical devices distributor in defending multi-million arbitration proceedings (Swiss Rules) in Zurich against a global Swiss manufacturer/supplier.
- Acting for a defendant technology company in Technology and Construction Court proceedings brought against it by a significant global telecommunications trade body with US headquarters for alleged overpayments and breach of contract. Our client brought counterclaims for unpaid invoices.
- Representing a UK company and its related group companies on the mediation of claims in excess of £40m for breach of contract against its US and non-European distributer.
- Acting for a global financial services company in the defence of claims brought against it in the Ontario Courts.
For more information or to discuss your situation with us and find out more about how we can help you, please contact a member of our dispute resolution team here