Commercial Disputes

Our Commercial Disputes work

• All
• Africa
• Asia Pacific
• Latin America
• Middle East
• North America
• UK & 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.

  Egypt

  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.

  Egypt

  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.

  Egypt
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• 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

  Algeria

  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.

  Gambia

• 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. 

  Australia

  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.

  Australia

  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.

  Australia

  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

  Australia

  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

  Australia

  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.

  Australia

  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

  China

  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

  China

  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
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• 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.

  Brazil

  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

  Brazil

  Large-scale reinsurance dispute

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

  Colombia

  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

  Dominican Republic

  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.

  Ecuador

  Mining dispute against the Government of Ecuador

  Representing US investors in a dispute with the Government of Ecuador concerning its revocation of a tar sands mining licence and involving Ecuador’s renunciation of its membership of ICSID

  Ecuador

• 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.

  Egypt

  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

  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.

  Egypt

  EgyptAir

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

  Egypt

  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.

  Egypt

  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
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• 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

  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

  Obtaining dismissal of a USD 96 million class action

  Representing corporate defendants accused of disseminating "junk faxes" in violation of the Telephone Consumer Protection Act, obtaining dismissal of USD 96 million class action for failure to bring the matter to trial within the statutory deadline – a result affirmed following the plaintiff class’s appeal to the California Supreme Court (Bruns v. E-Commerce Exchange, Inc., 51 Cal. 4th 717 (2011))

  United States

  Class action involving a major consumer electronics manufacturer

  Advising as class counsel in a US national class action against a major consumer electronics manufacturer.  Obtaining class certification and, following a dozen mediation sessions over more than a year, winning court approval of a settlement valued by the court at over USD 200 million.

  United States

  Multinational banking dispute regarding confidential information

  Advising a major US investment bank in a dispute with a global Swiss based investment bank regarding confidential information allegedly taken by an employee and other issues arising from the situation. 

  United States

  Advising a technology start-up regarding a data breach

  Advising a U.S. based technology start-up in connection with a data breach that compromised sensitive personal information related to the company's business model and implicated multiple U.S. state breach notification laws

  United States

  Defending a US law firm against a malpractice claim

  Obtaining a dismissal of legal malpractice and breach of fiduciary duty claims against a large US law firm wherein the plaintiff sought more than USD 7 million in damages from law firm and individual partners.

  United States
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• 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

  Austria

  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.

  Cyprus

  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.

  Germany
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