Dispute Resolution

Our Practice

Winner of the Legal Innovation Award in Dispute Resolution at the FT Innovative Lawyer Awards 2014, 2011 and 2010.

We offer the full range of litigation, arbitration and other dispute resolution services. We also have highly-regarded specialist, contentious regulatory and crime, fraud & investigations practices. Our contentious intellectual property and employment groups are acknowledged market leaders.

Our philosophy is to combine outstanding practices in each of the jurisdictions in which we operate with the highest levels of service internationally.

Clients trust us to handle their largest and most complex international cases because of:
  • our experience derived from some of the most high-profile disputes of recent years
  • our seamless international service from an integrated practice
  • our market focus, expertise and insight.

"Despite the huge challenge of this matrix of instructions, which featured two continents, multiple legal systems, diverse branches of law… they were able to synthesise and harmonise an intelligent and coherent strategy to achieve the goals we had set ourselves. They also helped us to achieve those goals with remarkable speed and efficiency. The hallmarks of this team’s efforts were organisation, diligence and attention to detail." Financial institution client

Experience

Barclays Bank

  • ongoing litigation brought by the UK Office of Fair Trading against seven banks and a building society designed to test a number of legal issues relating to the legality of current account overdraft charging.

Bayer Pharma

  • acting for Bayer Pharma AG in relation to patent revocation proceedings commenced by Gedeon Richter in the UK in relation to Bayer’s patents relating to their €billion blockbuster female oral contraceptive products.

Cathay Pacific

  •  successful legal challenge in the Hong Kong High Court to a decision of the Privacy Commissioner and the Administrative Appeals Board regarding Cathay’s procedure for collecting certain medical information from cabin crew.

Company directors

  • successful defence in the UK to a groundbreaking US extradition matter in relation to US bank and tax fraud allegations. We coordinated the case in the Channel Islands, Canada and US and acted in the English proceedings relating to challenges under the Extradition Act 2003.

Cross Border Dispute

  •  acting for two of the defendants in Alessandro Benedetti -v- (1) Naguib Sawiris (2) April Holding (3) OS Holding (4) Cylo Investments Limited, a case arising from the Europe’s largest-ever leveraged buy-out, the €12.1 billion acquisition of Wind Telecomunicazioni S.p.A., the Italian telecoms operator.

Deutsche Bank

  •  disciplinary proceedings by the French financial regulator against Deutsche Bank and several hedge funds, regarding the issue of an equity redeemable bond by Alcatel, in connection with the information communicated by Deutsche in its prospectus, the dissemination of this information and the use of inside information by hedge funds.

DAX 30 group

  • advice on large scale instances of corruption, covering a range of jurisdictions and raising a variety of legal issues: criminal, corporate, employment and tax law.

Dutch pension funds

  • advising various pension funds on a potential claim for over €100m against various State Street entities for alleged misinformation regarding the precise structure and nature of the funds in which they invested and for which Lehman Brothers acted as the prime broker.

European financial institution

  •  defence of €600m claims arising from an action brought against former directors of an Italian financial institution, based on the alleged provision of improper advisory services in connection with an IPO.

French supplier of electrical power

  • €2bn dispute with its contractual counterparty over an agreement for the supply of energy.

Leading Global Financial Services Firm

  • acting for a leading global financial services firm on proceedings to recover c.£55m lent under a real estate financing transaction in 2007.

Lehman Brothers International

  • continue to be at the forefront of the issues and litigation in the UK surrounding the insolvency of Lehman Brothers International (Europe) (LBIE). These issues raised novel points of law and very large sums of money turned on their outcome.

Major pharmaceutical company

  •  litigation in France in one of the world’s largest ever product liability cases over a drug that was withdrawn from the market due to suspected side effects.

Nomihold Securities Inc

  • successfully represented Nomihold Securities Inc (“Nomihold”) in an LCIA arbitration lasting some four years, and obtaining an award of approximately $210million in favour of our client, the matter has proceeded to an international enforcement battle.

Oil and gas company

  • advising an oil and gas major as one of several claimants in a complex web of claims following the 2005 explosion at Buncefield fuel depot which caused the largest fire in Europe for the last 60 years.

Royal Ahold

  • multiple jurisdiction action in which the SEC, other regulatory bodies and US and Dutch public prosecutors participated regarding an alleged fraud in respect of disclosed balance sheets.

Samsung

  • advising Samsung Electronics on their ongoing dispute with Apple. This is a multi-jurisdictional patent, design right, copyright and unfair competition litigation case that is being litigated around the world.

Sharp

  • advising Sharp on the defence of two claims brought by Nokia in the High Court of England and Wales for antitrust damages.

South American bank president

  • financial crime extradition proceedings before the Audiencia Nacional, Supreme Court, and Constitutional Court of Spain and the European Court of Human Rights.

WestLB

  • litigation arising out of a complex US$1.3bn securitisation. The litigation concerned the role and responsibilities of an arranger of a securitisation, in relation to which there are no decided authorities in English law.

Specialist Expertise

A tailor-made strategy

Our dispute resolution philosophy is based upon working to understand the needs of the client for each and every case. This means that we can develop a tailor-made strategy for each matter, ensuring a quality service that achieves the most commercial and efficient result.

The right route

We work with our clients to resolve disputes by whichever means is the most appropriate in the circumstances: litigation, arbitration, mediation or negotiation. In fighting for our clients in court we are strategic in our thinking and tenacious in our endeavours to extract the best result for the client. We are mindful, however, that sometimes a co-operative attitude may be of greatest benefit to our clients, both in terms of the outcome of the dispute and on the question of costs and, to the extent permitted in each jurisdiction, we encourage the use of mediation to achieve the efficient and cost-effective resolution of a dispute.

Managing risk

Recognising that prevention is better than cure we advise frequently on risk management and compliance issues in fields as diverse as commercial contracts, relationships with agents, terms of engagement, anti-money laundering and product safety, working with our clients to identify areas of potential legal exposure and then to devise a programme of preventative steps.

A commercial approach

We believe that our clients benefit from our lawyers' commercial awareness. We focus on a number of industry sectors to ensure that our lawyers really understand each client’s business and reinforce this through a programme of secondments.

Online Resources

Passmore on Privilege: a blog

Reviewing the more interesting cases arising under the law of legal professional privilege.

Dawn_raids

elexica: AntiTrust Dawn Raid Guide

AntiTrust and white collar crime dawn raids: what to expect across a range of jurisdictions and practical tips for responding appropriately.

elexica Class Action

Class Action and Collective Redress microsite

We look at collective redress or class actions in a number of jurisdictions around the world, highlighting: general features, types of collective redress, issues to funding and costs, and recent developments.

DealRoom

Our DealRoom service can support complex project, transaction and deal management, a transaction archive and can be used comfortably as a virtual data room.