Litiges commerciaux

Clyde & Co offre à ses clients un accès rapide à des conseils sur des questions litigieuses, et ce, quel que soit le secteur d’activité ou l’emplacement. Le cabinet traite des litiges de diverses envergures, des plus petits différends aux cas multi-juridictionnels plus complexes.

Soutien et accompagnement sur toute la durée des litiges commerciaux

Nos services de résolution de litiges commerciaux et de règlement extrajudiciaire des différends visent à donner aux clients la confiance nécessaire pour mener à bien un processus contentieux.

Nous sommes toujours rigoureux et sensibles, quelles que soient l’envergure et la nature du dossier à traiter. Nous mettons notre expérience et notre expertise à profit tant pour les cas relativement simples que les différends multi-juridictionnels hautement complexes.

Nous comprenons la pression associée à la poursuite et à la défense d’une action. Nous adaptons donc notre soutien en conséquence, en visant d’abord un service client exemplaire. Nous pouvons compter sur l’appui d’un groupe d’avocats talentueux et choisir en fonction des exigences de chaque cas.

Bon nombre de nos avocats sont en mesure de plaidoyer, au besoin. Notre expérience en matière de représentation de clients dans des recours collectifs est vaste. Nous sommes notamment spécialisés dans les domaines bancaires et financiers, en fraude et en recouvrement des avoirs (y compris les enquêtes), en négligence professionnelle, puis dans les secteurs de l’immobilier, des technologies de l’information et dans les questions de différends entre sociétés.

Notre travail en matière de litiges commerciaux

  • Tout
  • Afrique
  • Amérique du Nord
  • Asie-Pacifique
  • Moyen-Orient
  • Royaume-Uni et Europe
  • Arbitration proceedings regarding the acquisition of a medical facility

    Advising a Saudi company in relation to arbitration proceedings before the Cairo Regional Centre for International Commercial Arbitration, arising from a memorandum of association for the acquisition of a medical facility.

    Égypte

    Power plant construction and design claim worth USD 935 million

    Advising on the defence and coverage aspects in relation to a USD 935 million claim relating to the alleged defective design and construction of a power plant in Sakhalin, Russia.

    Russian Federation

    Consideration under a sale contract dispute

    Advising a Libyan government agency in High Court litigation regarding a former Libyan School in London and claim relating to consideration under a sale contract

    United Kingdom

    Post-acquisition dispute in Riyadh

    Advising a UAE-based investment fund on a post-acquisition dispute with a vendor and current anchor tenant relating to the maintenance of a large commercial office building in Riyadh

    United Arab Emirates

    Property management disputes for an Australian hotel operator

    Acting for a leading Australian-based hotel operator in respect of disputes arising out of a property management and leasing agreement for a residential apartment building in Dubai

    United Arab Emirates

    Precedent setting FOSFA sale of goods arbitration

    Successfully acting on this high profile FOSFA arbitration concerning a soft commodity agreement and time limits for the commencement of the arbitration. The judgment was widely reported, having implications on the timing of all future soft commodity cases

    Switzerland

    Ukrainian sunflower and mineral oil recall

    Handling FOSFA arbitration on a dispute arising from the contamination of Ukrainian origin sunflower oil with mineral oil which resulted in a Europe-wide recall with the Award granted in favour of our client.

    Ukraine

    Long term contract frustration and ICC proceedings

    Acting for JAT in ICC proceedings on a dispute concerning frustration of a long term contract, arising out of sanctions and return of maintenance reserves.

    France

    EgyptAir

    Retained by Insurers in defence of EgyptAir that crashed into the sea off the coast of Egypt enroute from Paris to Cairo.

    Égypte

    ICSID arbitration arising out of the Arab Spring

    Advising Saudi investors in relation to an ICSID arbitration, BIT treaties and alternative mechanisations of enforcement regarding the unlawful expropriation of assets and property by the Egyptian Government arising out of the Arab Spring.

    Égypte
  • Arbitration proceedings regarding the acquisition of a medical facility

    Advising a Saudi company in relation to arbitration proceedings before the Cairo Regional Centre for International Commercial Arbitration, arising from a memorandum of association for the acquisition of a medical facility.

    Égypte

    ICSID arbitration arising out of the Arab Spring

    Advising Saudi investors in relation to an ICSID arbitration, BIT treaties and alternative mechanisations of enforcement regarding the unlawful expropriation of assets and property by the Egyptian Government arising out of the Arab Spring.

    Égypte

    EgyptAir

    Retained by Insurers in defence of EgyptAir that crashed into the sea off the coast of Egypt enroute from Paris to Cairo.

    Égypte

    Defending proceedings on behalf of an international trading company

    Defending proceedings on behalf of an international trading company with respect to a claim of EUR295,000 brought before the Egypt Court with respect to alleged price variations for supplies that our clients made in 2015.

    Égypte

    Whistleblowing claim involving an African oil and gas company

    Advising a leading Algerian headquartered oil and gas company on a whistleblowing and unfair dismissal Tribunal claim

    Algérie

    Mining industry ICSID arbitration between a company and national government

    Representing Carnegie Minerals (Gambia) Limited (Carnegie Minerals) in ICSID arbitration proceedings relating to The Gambia's alleged wrongful termination of Carnegie Mineral's mining interests (heavy mineral sands) in The Gambia and the seizure of its mining equipment and assets.

    Gambie
  • Litigation regarding a complex debt for equity swap

    Advising an Ecuadorian banking group in litigation arising out of a complex debt for equity swap. The parent company assumed responsibility for litigation in the US, the Bahamas and England and Wales regarding the purported asset stripping of its Bahamian domiciled ultimate subsidiary.

    Bahamas

    Dispute concerning an all-risk insurance policy for a hydro-electric project

    Advising six co-insurers and thirty co-reinsurers in relation to a complex multi-jurisdictional dispute, involving court proceedings in the UK and Brazil, in addition to arbitrations under ARIAS and LCIA rules.

    Brésil

    World's largest Insurance claim arising from strikes and civil commotion

    Advising on one of the world's largest insurance claims ever recorded arising out of strikes and civil commotion at the world's largest electric power construction project based in the Amazon

    Brésil

    Representing a state Government at the Walkerton Commission

    The Walkerton Commission investigated a series of events and failures, both human and systemic that led to the contamination of the local water supply Walkerton, Ontario, Canada.

    Canada

    Multi-jurisdictional class action involving an aircraft manufacturer

    Representing one of the largest airline manufacturers in a class action involving multiple jurisdictions and product liability

    Canada

    Oil and gas price fixing class action

    Defending a class action suit of CAD 370 million alleging conspiracy in price fixing of oil and gas in the Province of Quebec in violation of the Quebec Civil Code and Competition Act

    Canada

    Franchise and third party CAD 750 million class action

    Defending 38 law firms sued in a third party claim to a CAD 750 million class action suit by Canadian dealerships alleging violation of various Canadian franchise acts by an auto manufacturer and violation of duty of care by a major Canadian law firm

    Canada

    Large-scale reinsurance dispute

    Representing forty four London market reinsurers in a nine-figure reinsurance dispute.

    Colombie

    ICC USD 4 million port construction works arbitration

    Advising on a USD 4 million ICC arbitration concerning dredging and port construction works in the Dominican Republic

    République dominicaine

    ICSID case involving the renunciation of Ecuador's membership

    Represented US Investors in a dispute concerning the Government of Ecuador’s revocation of a tar sands mining licence and Ecuador’s renunciation of its ICSID membership.

    Équateur
  • Class action brought by investors against trustee

    Advising in three concurrent but separate high-profile multimillion dollar class action proceedings (ranging from AUD 16 million to AUD 60 million) brought by investors against a trustee (a subsidy of an Australian bank) alleging failure to exercise 'reasonable diligence' and falling short of their responsibilities in providing trustee services. 

    Australie

    Employment liability class action

    Advising on coverage in a first of its kind employment practices liability (EPL) class action alleging mis-categorisation of employment status and sham contracting.

    Australie

    Shareholder class action against collapsed mining company

    Acting for a director of a collapsed mining company in a shareholder class action in the Federal Court against a junior mining company, its directors and auditors arising out of alleged misrepresentations to the market and continuous disclosure breaches at around the time of the 2008 financial crisis:  HFPS Pty Limited (Trustee) v Tamaya Resources Limited (in Liq) (No 3) [2017] FCA 650.

    Australie

    Water treatment plant disputes over Western Australian mine

    Advising a waste water company regarding claims and subsequent disputes arising from the construction and operation of a water treatment plant at the Murrin Murrin "Super Pit" nickel-cobalt mining project in Western Australia

    Australie

    AED 330 million mining contractor termination dispute

    Acting for a major subcontractor in a Supreme Court of Victoria proceeding involving AED 330 million in claims arising from the employer’s termination of the main contractor to the Minerva coal mine project

    Australie

    Catering company contamination claim

    Representing the Australian arm of a multi-national catering company in connection with an alleged listeria contamination, involving an indemnity claim by the carrier in respect of 180 plus claims pursued in Australia, and an investigation into the downstream supply chain.

    Australie

    Advising on disputes arising from a team move

    Advising clients on the strategy for achieving a team move to a competing bank, the enforceability of restrictive covenants and defending court proceedings brought against them by their former employer seeking an injunction to prevent them from working for their new employer

    Chine

    RMB 82 million dispute involving a global fashion brand

    Acting for a global Italian fashion brand in a contractual dispute concerning the recovery of payments from its agents of approximately RMB 82 million

    Chine

    Defending a company against a privacy investigation

    Defending a company against investigations by the Hong Kong Office of the Privacy Commissioner for Personal Data in Hong Kong (PCPD)

    Hong Kong

    Cross-border joint venture dispute involving an ultra-high net worth individual

    Acting for a Chinese billionaire and companies owned by him and his family in a joint venture dispute with a French public company

    Hong Kong
  • Property management disputes for an Australian hotel operator

    Acting for a leading Australian-based hotel operator in respect of disputes arising out of a property management and leasing agreement for a residential apartment building in Dubai

    United Arab Emirates

    Post-acquisition dispute in Riyadh

    Advising a UAE-based investment fund on a post-acquisition dispute with a vendor and current anchor tenant relating to the maintenance of a large commercial office building in Riyadh

    United Arab Emirates

    Multi-jurisdictional claim and counterclaims regarding an EPC contract

    Advising a Japanese EPC contractor in relation to large value claims and counterclaims related to a refinery project in Oman

    Oman

    QR 110 million road project claim and ICC arbitration

    Advising a joint venture contractor on a QR 110 million claim and ICC arbitration arising out of a road project in Qatar

    Qatar

    Advising a US brand on trade mark enforcement proceedings in the UAE

    Acting for US brand owners in the aerospace, clothing and FMCG sectors on trade mark enforcement issues in the United Arab Emirates, including lodgement of criminal complaints with police and court proceedings regarding infringement of registered trade marks

    United Arab Emirates

    Financial services DIFC Courts discrimination claim

    Defending employers in the financial services sector against employment claims brought in the DIFC Courts

    United Arab Emirates

    Sex discrimination and dismissal claim

    Advising Itau Securities against a sex discrimination claim brought by a terminated employee.

    United Arab Emirates

    Burj Khalifa contractor dispute

    Advising contractors for the Burj Khalifa (the world’s tallest building) on disputes arising from design and installation of curtain wall and cladding

    United Arab Emirates

    USD 35 million ICC arbitration regarding payment and timescales

    Acting for a subcontractor based in Yemen on a USD 35 million ICC arbitration concerning payment and extensions of time in relation to a construction project

    Yemen

    Yemeni USD 10.9 billion Production Sharing Agreement ICC Arbitration

    Successfully acting on a multi-billion dollar arbitration concerning the Republic of Yemen's national wealth and in relation to a 20-year old Production Sharing Agreement (PSA) regarding the Marib Block 18 oil field in the Yemen. Reported in The American Lawyer as the 2nd largest contract dispute and the largest ICC arbitration in their 2007 Arbitration Scorecard.

    Yemen
  • Power plant construction and design claim worth USD 935 million

    Advising on the defence and coverage aspects in relation to a USD 935 million claim relating to the alleged defective design and construction of a power plant in Sakhalin, Russia.

    Russian Federation

    Consideration under a sale contract dispute

    Advising a Libyan government agency in High Court litigation regarding a former Libyan School in London and claim relating to consideration under a sale contract

    United Kingdom

    Precedent setting FOSFA sale of goods arbitration

    Successfully acting on this high profile FOSFA arbitration concerning a soft commodity agreement and time limits for the commencement of the arbitration. The judgment was widely reported, having implications on the timing of all future soft commodity cases

    Switzerland

    Ukrainian sunflower and mineral oil recall

    Handling FOSFA arbitration on a dispute arising from the contamination of Ukrainian origin sunflower oil with mineral oil which resulted in a Europe-wide recall with the Award granted in favour of our client.

    Ukraine

    Long term contract frustration and ICC proceedings

    Acting for JAT in ICC proceedings on a dispute concerning frustration of a long term contract, arising out of sanctions and return of maintenance reserves.

    France

    Price adjustment ICC arbitration for an Austrian roads contractor

    Advising an Austrian contractor on an ICC arbitration concerning a price adjustment claim relating to a road rehabilitation project

    Autriche

    Share sale dispute involving former shareholders

    Defending a claim for non-payment of fees and damages brought by a Russian investment bank. Our clients counterclaimed for breach of contract and negligence on the part of the Russian investment bank in the provision of its advisory services in relation to the share sale.

    Chypre

    Cross-border professional liability claim involving French law principles

    Advising a large US law firm in a high value cross border claim based on French law principles of professional liability

    France

    Structured finance transaction involving Sharia'h and French insolvency principles

    Advising solicitors and other professional advisers in a dispute arising from French insolvency proceedings and a Sharia’h compliant structured finance transaction, the purpose of which was to finance a real estate company’s acquisition of a French property investment company and the refinance of existing mortgage loans

    France

    Leveraged finance facility dispute worth EUR 2.2 billion

    Representing Tank & Rast (sponsored by Terra Firma and Deutsche Bank) in a dispute concerning a EUR 2.2 billion leveraged finance facility before the Commercial Court. The dispute was settled shortly before trial.

    Allemagne

Notre équipe spécialisée en litiges commerciaux

Susie Abdel-Nabi
Susie Abdel-Nabi

Partner

Emma Ager
Emma Ager

Partner

Barbara Almeida
Barbara Almeida

Partner

Saud Alsaab
Saud Alsaab

Partner

Anas Alswailem
Anas Alswailem

Partner

Jane Andrewartha
Jane Andrewartha

Partner

Rebecca Armstrong
Rebecca Armstrong

Partner

Toni Ashby
Toni Ashby

Partner

Lee Astfalck
Lee Astfalck

Partner

Christopher Bakker
Christopher Bakker

Partner

Corneli Basson
Corneli Basson

Partner

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