Commercial Litigation

We are renowned for our work in commercial litigation, both where that litigation stems from insolvency and commercial disputes generally.

High profile commercial trials in which members of Chambers have recently appeared include Constantin Medien v Ecclestone (Formula 1, bribery), Smithton v Naggar (directors’ duties), Azevedo v Imcopa International (legality of noteholder consent fees), Assenagon v Irish Bank Resolution Corporation (legality of noteholder consent fees), McKillen v Barclay (unfair prejudice, conspiracy), Standard Chartered Bank v Ceylon Petroleum Corporation (derivatives) and Raiffeisen Zentralbank v Royal Bank of Scotland (misrepresentation). Important commercial appeals in which members have recently appeared in the Court of Appeal and the Supreme Court include Privatbank v Kolomoisky (jurisdiction against joint defendants) Etihad v Flother (asymmetric jurisdiction clauses) and Enka Insaat v Chubb (governing law of arbitration agreement).

Members also act in arbitrations across the world under ICC, LCIA, UNCITRAL, ICSID and other rules. Recent arbitrations, in which Members have been involved as Counsel or as Arbitrator, have included:

• Construction of Share Purchase Agreements between offshore entities;
• Disputes among shareholders of companies with rights to exploit significant mineral resources, governed by laws of an African State;
• Dispute between investors and a company in relation to the legality of the investment under Indian law and the conversion of shares purchased in the Company.

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