Industry focus

Unique in the New Zealand market, partner Kim Francis was a former prosecutor on for New Zealand’s competition authority. We have significant experience in competition litigation in New Zealand. Some of the matters we have been involved in include:

Air cargo

Representing the Commerce Commission in proceedings alleging price fixing in the air cargo market.

Visa & Mastercard interchange fees

Represented Visa New Zealand in anti-trust proceedings brought by the New Zealand Commerce Commission.

Infrastructure

Advising industry participants on competition issues arising in relation to a significant infrastructure asset.

Competition advice

Advising New Zealand and international corporates on competition/anti-trust issues.

Advising clients on obligations under international Free Trade Agreements

Advising a multinational corporation with operations in the Asia-Pacific region on its general obligations under the ASEAN-India Free Trade Area (AIFTA) Agreement.

From debt recovery, ISDA currency swaps to regulatory enforcement, our lawyers have assisted banks, financial institutions, counterparties and borrowers on a wide range of issues arising in the banking, finance and insurance sectors:

Shareholder securities class actions

Representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

FMA continuous disclosure proceedings

Representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

Director duties litigation

Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

Fuji Xerox accounting litigation

Representing Fuji Xerox NZ in claims against three former senior executives concerning significant accounting irregularities. The case is also listed by NBR as one of the “top five cases to watch” of 2018.

ISDA currency swaps

Representing the counterparty in an LCIA arbitration claim in excess of US$100m brought by an international bank arising out of an ISDA Master Agreement currency swap and purported early termination of that transaction. The claim gave rise to complex cross-default and mis-selling issues.

Internal syndicated loans

Representing a major international metals and mining company and related interests as borrowers and guarantors in a series of 16 LCIA arbitration claims seeking recovery under two US$500m internationally syndicated facility agreements. The team led by Tim successfully defended a parallel court application for an urgent world-wide freezing order against the mining company’s international bank accounts.

Investment treaty claim in relation to banking interests

Representing an Eastern European State in an investment treaty dispute brought by a foreign investor seeking damages of $150m in relation to the investor’s banking interests in that country, brought under the auspices of ICSID.

Global forex and derivatives trading companies

Representing a global forex and derivatives trading house in multi-billion-dollar LCIA arbitration proceedings, and related court litigation proceedings, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East. A series of ‘follow-on’ proceedings were brought by investors in relation to the company’s management of their funds.

Bank fees class action

Assisting as a junior team member in the representation of a major bank in defending class action proceedings brought by customers over the charging of certain account and credit card fees.

Investment banking mandates and ‘success fee’ disputes

Acting for both investment banks and clients in a number of arbitration and litigation proceedings, and disputes generally, relating to the payment of ‘success fees’ under investment banking mandates.

Contributory mortgages

Acted for the successful plaintiff in contract dispute arising out of New Zealand’s largest contributory mortgage, which also raised secret commissions and securities issues.

Debt recovery

Various proceedings against borrowers and guarantors arising from loan agreements.

Consumer finance company

Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

ISDA

Partner Timothy Lindsay is a past member of the ISDA Arbitration Committee and contributor to the ISDA Arbitration Guide. He has spoken on the use of arbitration in the banking and finance sector at ISDA and other industry conferences.

ICC Task Force on Financial Institutions and Arbitration

Timothy Lindsay was also a member of the ICC Task Force on Financial Institutions and Arbitration and author of the Task Force report.

We have deep experience in corporate, M&A and securities disputes. Our lawyers regularly act for companies and shareholders in corporate and shareholder rights disputes, those arising from acquisitions and disposals, as well as securities litigation:

Shareholder class actions

Representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

FMA continuous disclosure proceedings

Representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

Director duties litigation

Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

Shareholder and company oppression related litigation

Assisting in the representation of the directors of a US$75 million Singapore fintech startup against a major Irish investor in claims relating to minority oppression, conspiracy to injure, and breach of fiduciary duties in a month-long trial in the Singapore High Court.

Liquidation of Property Ventures

Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation). The case was settled shortly before a 12-week trial, and was listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018.

Fuji Xerox accounting litigation

Representing Fuji Xerox NZ in claims against three former senior executives concerning significant accounting irregularities. The case is also listed by NBR as one of the “top five cases to watch” of 2018.

Pharma joint venture litigation

Successfully representing a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

Insider trading

Advising a listed issue on a regulatory investigation into insider trading in its stock, then throughout the prosecution of the alleged insider including members of the board giving evidence at trial.

Corporate control rights dispute

Representing a New York-based hedge fund in LCIA arbitration proceedings arising out of a high-profile and high-value distressed asset investment in Russia. The shareholder dispute arose from changes to the company’s constitution and subsequent exercise of shareholder voting and control rights in advance of a potentially significant value event.

Private equity - post buyout dispute

Representing a European engineering and construction company against a Hong Kong-based private equity firm in a S$20 million SIAC arbitration arising from the alleged inaccurate recording of EBITDA figures and non-disclosure of debts following the latter’s acquisition of the former’s subsidiary company.

Scheme of arrangement

Acting for a minority shareholder in the first opposition to a takeover by way of scheme of arrangement, in re Metlifecare Limited.

Scheme of arrangement

Litigation counsel for the acquirer in the recent and novel Radius Properties takeover by way of Scheme of Arrangement.

Fraudulent misrepresentation and economic torts litigation

Assisting in the representation of a major Indonesian property developer against a key Singapore institutional bank in the Singapore High Court and Appellate Division proceedings involving a S$138 million claim of fraudulent misrepresentation and conspiracy to injure the bank over the sale of luxury residential properties.

Breach of shareholder and financing obligations

Representing Russian interests in parallel US$2 billion-dollar LCIA arbitration claims in London and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

Credit Suisse AT1 bondholder investment arbitration

Part of a team advising and representing more than 60 international Credit Suisse AT1 bondholders in the Asia-Pacific region over the Swiss regulators’ decision to write down those investments, including addressing the jurisdictional issues raised in the attempted consolidation of claims before an ICSID arbitral tribunal.

Post-acquisition earn-out dispute

Defending a leading international cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations, post-completion breaches of warranty and loss of chance claims to “if any” vendor earn out payments.

Breach of shareholder and joint venture obligations

Representing a global forex and derivatives trading house in a multi-billion-dollar LCIA arbitration proceedings, and multiple related court litigation proceedings in the High Court, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East.

Put option exercise, breach of shareholder and project obligations

Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development company, including claims of breach of shareholder and project management obligations. Our lawyers have acted in numerous disputes and situations relating to put and call options and have successfully defended numerous attempted invalid exercises of such rights.

Shareholder fraud

Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

Post-acquisition ‘locked box’ accounts dispute

Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition ‘locked box’ accounting dispute.

Minority shareholder buy-out rights

Representing the company in arbitration proceedings brought by minority shareholders following the triggering of buy-out rights.

Bondholder rights

Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange.

Our lawyers have significant technical expertise in disputes arising from long-term natural resources concessions and acting for clients in the energy and natural resources sectors generally:

Precedent-setting multi-billion-dollar LNG price review arbitrations in the Asian LNG industry

Acting as counsel for a party in two multi-billion-dollar ICC arbitrations in Singapore arising out of price reviews in long-term LNG contracts, which were first-of-their kind cases, raising complex legal and technical issues, and which resulted in important precedents being set for the Asian LNG industry.

Multi-billion-dollar arbitration involving a state-owned oil company and Production Sharing Agreements

Acting as counsel in a multi-billion-dollar commercial arbitration seated in Lagos, Nigeria where our partner, Mark Mangan, successfully argued for an order requiring a state-owned oil company to perform a 30-year Production Sharing Agreement which it had refused to sign based on English-law equitable principles.

Multi-billion dollar investment treaty claims arising from Production Sharing Agreements

Whilst a partner with the firm Timothy Lindsay was part of the Dechert team representing the Republic of Ecuador in the multi-billion-dollar Perenco v Ecuador investment treaty arbitration at ICSID, concerning alleged breaches of the France-Ecuador BIT arising out of a long-term Production Sharing Agreement for the exploration and production of oil in Ecuador. As well as FET and expropriation claims, the dispute raised complex oil contract economics, production forecasting and damages issues. Tim Lindsay also acted for Ecuador in the parallel Burlington v Ecuador investment treaty arbitration arising from the same investment.

Oil field pollution and breach of operator equipment and infrastructure obligations

Representing Ecuador in counterclaims against Perenco and Burlington for remediation of oil field pollution and breach of production facility infrastructure maintenance obligations. Both issues raised complex technical issues relating to oil field operations. In both cases Tim Lindsay was responsible for the cross-examinations, among others, of the oil companies’ geostatistics experts on the extent of oil field pollution and industry experts on compliance with infrastructure maintenance obligations.

Metals and Mining

Whilst at Dechert partner Timothy Lindsay was lead counsel along with partner Mark Mangan for one of the world’s largest metals and mining companies in a series of over twenty arbitrations, litigations and injunction proceedings brought by a major international bank in London, Switzerland, The Hague and Singapore in relation to the financing of its operations. Those proceedings included 16 LCIA arbitrations seeking recovery under US$1 billion of internationally syndicated facility agreements and a complex LCIA arbitration claim of over US$100m arising out of an ISDA Master Agreement currency swap that gave rise to mis-selling and other issues arising from the purported termination of the swap.

Coal cargo shipment disputes

Representing a Dubai-based commodity trader against a Chinese state-owned energy company in a US$10 million SIAC arbitration arising from the latter’s underpayment and non-acceptance of monthly coal cargo shipments.

LPG shipment disputes

Representing a Singapore LPG trading company against a Hong Kong energy company in a HKIAC arbitration and parallel Singapore High Court proceedings over a US$16 million oil and gas contractual dispute arising from non-payments for monthly shipments of LPG cargo.

Post-acquisition ‘locked box’ accounts dispute

Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition ‘locked box’ accounting dispute.

Construction of electricity transmission line

Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a USD 30 million dispute regarding the construction of an electricity transmission line.

International energy dispute

Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake (UNCITRAL Rules).

Methane extraction dispute

Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake.

Agriculture quotas arbitration

Acting as counsel in an ad hoc investment treaty arbitration (Stockholm seat) in relation to the implementation of EU agriculture quotas by an Eastern European country.

AIEN

Partner Timothy Lindsay is a past member of the Association of International Energy Negotiators (formerly the Association of International Petroleum Negotiators) Dispute Resolution Committee.

Our lawyers have acted in a number of significant disputes arising out of infrastructure and construction projects:

Infrastructure concession litigation

Representing a leading international infrastructure investor in litigation arising out of the high-profile termination of a long-term quasi-PPP infrastructure concession and associated multi-hundred million-dollar compensation payment rights.

ICSID investment treaty arbitration over construction of major highway in Middle Eastern country

Acting as counsel in an ICSID investment treaty arbitration in relation to the construction of a major highway in a Middle Eastern country.

PPP infrastructure litigation - major roading project

Representing a substantial foreign contractor and its joint venture partner in significant litigation proceedings arising out of a PPP project for the construction of a high-profile roading project.

Prison facility PPP

Advising an international contractor in relation to a significant PPP project to build and operate a prison facility.

Port concession

Successfully defending a Middle Eastern government in a multi-hundred-million-dollar infrastructure dispute under the ICC Arbitration Rules relating to the development of a deep-sea port and related onshore infrastructure.

Construction of electricity transmission line

Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a USD 30 million dispute regarding the construction of an electricity transmission line.

Large residential real estate development project

Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development project, including claims of breach of shareholder and project management obligations.

Hotel development and investment project - shareholder and financing dispute

Representing the defendants in parallel US$2 billion-dollar LCIA arbitration claims in London, and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

Retail shopping development

Successfully acted for shopping centre developer in judicial review proceedings relating to the grant of resource consent for significant retail shopping centre development.

Challenge to an arbitral tribunal’s jurisdiction under the Japan-Mongolia BIT

Part of a team representing a Japanese healthcare company against a Mongolian state-owned enterprise in a challenge to a SIAC arbitral tribunal’s jurisdiction over a dispute arising from the latter’s wrongful seizure of a MNT 70 billion joint-venture project under the Japan-Mongolia Bilateral Investment Treaty (2001).

Caveat proceedings

Representing an Asian investor in a large local property development in High Court proceedings alleging breach of contract and guarantee, and related caveat proceedings.

Commercial lease disputes

Acting for commercial property investors and landlords in relation to various lease disputes, including plant, fixtures and fittings, health and safety, as well as rent and make-good disputes.

International Construction Dispute

Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a US$30 million dispute regarding the construction of an electricity transmission line (FIDIC, UNCITRAL Rules).

Mediation – arbitration in construction contractual dispute

Representing an American design consultancy firm in a mediation against a Singapore statutory board in relation to a US$13 million construction contractual dispute

Our lawyers regularly act in all forms of insolvency-related disputes. These range from some of New Zealand’s most high-profile liquidator claims and priority disputes to voidable transactions and commercial debt collection. This expertise is recognised in the market, and reflected in a contributing authorship in New Zealand’s leading insolvency text, Heath & Whale on Insolvency. Our team’s recent experience includes:

CBL litigation

Representing four former independent directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties arising from the liquidation of a $750 million listed entity, as well as related proceedings involving shareholder class actions and regulatory proceedings.

Walker v Forbes litigation

Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation). The case was settled shortly before a 12-week trial, and was listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018.

Director duties litigation

Our team have successfully appeared in many claims for breach of director duties. We advise Fuji Xerox on a claim against former director and auditors concerning a a $350 million accounting restatement arising from inappropriate revenue recognition.

Priority disputes

Successful appearances on mortgagee sales and priority issues in the Court of Appeal and Supreme Court. Listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018 and 2019.

Voidable transactions and undervalue claims

Appearing in voidable transaction cases, including in the Court of Appeal and Supreme Court.

Caveat hearings

Appearing in various proceedings regarding caveatable interests in land, including issues arising from mortgagee sales.

Receiverships and voluntary administration

Appearing on applications for directions in relation to receiverships, liquidations and (for a regulator) voluntary administrations.

Ponzi Scheme

Acting for the liquidators of a significant ‘ponzi’ scheme.

Negligence of Liquidator

Acted for the plaintiffs in a negligence claim against German liquidator, involving private international law issues.

Liquidation of Tamarind Taranaki Limited

Member of the ad hoc creditors’ committee in the liquidation of Tamarind Taranaki Limited, which owes creditors $400m.

Investor State Disputes

Our firm has an active investor-state disputes practice. Examples of our lawyers’ representations include:

Credit Suisse AT1 bondholder investment arbitration

Part of a team advising and representing more than 60 international Credit Suisse AT1 bondholders in the Asia-Pacific region over the Swiss regulators’ decision to write down those investments, including addressing the jurisdictional issues raised in the attempted consolidation of claims before an ICSID arbitral tribunal.

Investment treaty claim in relation to banking interests

Representing an Eastern European State in an investment treaty dispute brought by a foreign investor seeking damages of $150m in relation to the investor’s banking interests in that country, brought under the auspices of ICSID.

Bondholder rights

Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange.

Multi-billion dollar investment treaty claims arising from Production Sharing Agreements

Whilst a partner with the firm Timothy Lindsay was part of the Dechert team representing the Republic of Ecuador in the multi-billion-dollar Perenco v Ecuador investment treaty arbitration at ICSID, concerning alleged breaches of the France-Ecuador BIT arising out of a long-term production sharing agreement for the exploration and production of oil in Ecuador. As well as FET and expropriation claims, the dispute raised complex oil contract economics, production forecasting and damages issues. Tim Lindsay also acted for Ecuador in the parallel Burlington v Ecuador investment treaty arbitration arising from the same investment.

Oil field pollution and breach of operator equipment and infrastructure obligations

Representing Ecuador in counterclaims against Perenco and Burlington for remediation of oil field pollution and breach of production facility infrastructure maintenance obligations. Both issues raised complex technical issues relating to oil field operations. In both cases Tim Lindsay was responsible for the cross-examinations, among others, of the oil companies’ geostatistics experts on the extent of oil field pollution and industry experts on compliance with infrastructure maintenance obligations.

Agriculture quotas arbitration

Acting as counsel in an ad hoc investment treaty arbitration (Stockholm seat) in relation to the implementation of EU agriculture quotas by an Eastern European country.

ICSID investment treaty arbitration over construction of major highway in Middle Eastern country

Acting as counsel in an ICSID investment treaty arbitration in relation to the construction of a major highway in a Middle Eastern country.

Challenge to an arbitral tribunal’s jurisdiction under the Japan-Mongolia BIT

Part of a team representing a Japanese healthcare company against a Mongolian state-owned enterprise in a challenge to a SIAC arbitral tribunal’s jurisdiction over a dispute arising from the latter’s wrongful seizure of a MNT 70 billion joint-venture project under the Japan-Mongolia Bilateral Investment Treaty (2001).

Advising clients on obligations under international Free Trade Agreements

Advising a multinational corporation with operations in the Asia-Pacific region on its general obligations under the ASEAN-India Free Trade Area (AIFTA) Agreement.

We advise and represent parties in judicial review and public law proceedings. Our team includes a former member of Crown Law and we are well versed in litigation involving public bodies.

Hotel development and investment project - shareholder and financing dispute

Representing the defendants in parallel US$2 billion-dollar LCIA arbitration claims in London, and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

Large residential real estate development project

Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development project, including claims of breach of shareholder and project management obligations.

Commercial lease disputes

Acting for commercial property investors and landlords in relation to various lease disputes, including plant, fixtures and fittings, health and safety, as well as rent and make-good disputes.

Property development/ mortgagee sale dispute

Successfully representing a property owner in the Court of Appeal in upholding caveats over land sold in a $35 million mortgagee sale on the basis of arguable breaches of duty by the developer/purchaser.

Body Corporation/ arbitration dispute

Representing a liquidator in a 6-day trial concerning a Unit Titles Act scheme of arrangement and the applicability of an arbitration clause.

Judicial Review of Resource Consent

Successfully acted for a community organisation in challenging a non-notified resource consent for the industrial use of rural land, with consequent environmental and amenity impacts.

Trusts and estates

Acting on a variety of contentious trust and estate matters, including for a Court-appointed temporary administrator of a deceased estate, and a variety of trust beneficiaries.

As the international community ramps up its initiatives towards a greener, more environmentally sustainable, and decarbonised world, and states and industries continue to pivot towards the use of renewable sources of energy to fuel their economic and societal growth, we are proud to say that we are very active in representing clients in this practice area, including:

Solar Power Plant Arbitration

Representing a leading Japanese engineering company in an ICC arbitration seated in Tokyo arising out of the design, construction and performance of a solar power plant in Japan.

Setting aside an arbitral award relating to expropriation claims between a solar energy company and a State

Part of a team representing a US-based solar energy company against a Bangladeshi statutory board in seeking to set aside an UNCITRAL Rules arbitral award in a dispute arising from the expropriation of the former’s factory assets.

Advising clients on the protection of their green investments through existing bilateral investment treaties (“BITs”)

Advising clients on the protection of their various credit offsetting investments (e.g., investments generating carbon offset credits, World Bank Group Carbon Markets) under various bilateral investment treaty frameworks between states.

We are routinely engaged in shareholder and joint venture disputes and have been involved in some of the most significant cases in court and before arbitration tribunals:

Pharma joint venture litigation

Successfully representing a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

Waste management project

Representing a leading waste management company in proceedings alleging a joint venture and fiduciary duties in relation to the development and operation of a long-term organic waste processing facility.

Microsoft v Samsung

Representing Microsoft in a multi-billion US$ ICC arbitration against Samsung, concerning patent licenses and business collaboration disputes (ICC Rules).

Control rights dispute

Representing a New York-based hedge fund in LCIA arbitration proceedings arising out of a high-profile and high-value distressed asset investment in Russia. The shareholder dispute arose from changes to the company’s constitution and subsequent exercise of shareholder voting and control rights in advance of a potentially significant value event.

Sub-sea internet cable consortium dispute

Representing a state owned entity of a pacific island nation in an international arbitration concerning interconnection rights to sub-sea internet cable infrastructure arising out of a long-term consortium agreement (AMINZ Rules).

Infrastructure – Port Concession

Representing an Emirati Government in a multi-hundred million US$ infrastructure dispute under the ICC Rules relating to the development and operation of a significant national port (ICC Rules).

Multi-Billion Euro Telco Battle

Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets (ICC Rules).

Hospital project shareholder’s arbitration

Acting as counsel in a SIAC arbitration arising from a shareholders’ dispute among owners of a leading hospital in Hyderabad, India and subject to Indian law.

Emerging Markets Telco

Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million US$, concerning a complex post-acquisition dispute over emerging market telecommunications assets (LCIA Rules).

Telco Shareholder Arbitration:

Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court (LCIA Rules).

Breach of shareholder and financing obligations

Representing Russian interests in parallel US$2 billion-dollar LCIA arbitration claims in London and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

Global forex company shareholder dispute

Representing a global forex and derivatives trading house in a multi-billion-dollar LCIA arbitration proceedings, and multiple related court litigation proceedings in the High Court, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East.

Put option exercise, breach of shareholder and project obligations

Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development company, including claims of breach of shareholder and project management obligations. Our lawyers have acted in numerous disputes and situations relating to put and call options and have successfully defended numerous attempted invalid exercises of such rights.

Shareholder and company oppression related litigation in the Singapore High Court

Assisting a Singapore Senior Counsel in the representation of the directors of a US$75 million Singapore fintech startup against a major Irish investor in claims relating to minority oppression, conspiracy to injure, and breach of fiduciary duties in a month-long trial in the Singapore High Court.

Technology Joint Venture Dispute

Acted for a technology joint venture (between various international airlines) in a dispute with a computer reservation software supplier.

Shareholder fraud

Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

Minority shareholder buy-out rights

Representing the company in arbitration proceedings brought by minority shareholders following the triggering of buy-out rights.

Partner Mark Mangan has an active sports and entertainment arbitration practice, having represented some of the largest sports organisations at international and multilateral fora, including at the Court of Arbitration of Sport (CAS). Example representations include:

Counsel for the IOC and national Olympic committees

Mark has acted as counsel on behalf of the International Olympic Committee (IOC) and national Olympic committees in over 10 cases before CAS in relation to disputes arising out of the Athens Olympic Games (2004), Torino Winter Olympic Games (2006), Rio Olympic Games (2016), and Beijing Winter Games (2022). Mark was a former member of the CAS panel of arbitrators.

Counsel for Maldivian football official against the Asian Football Confederation

Mark recently acted as counsel for a Maldivian football official against the Asian Football Confederation in two appeals before CAS in which Mark’s team successfully proved complex claims of gender discrimination, denial of justice and corruption in Asian football governance.

ICC Cricket World Cup

Mark handled several commercial disputes arising out of the ICC Cricket World Cup (2003).

Lance Armstrong doping scandal

Mark advised and represented the Union Cycliste Internationale (UCI) in relation to the fallout from the Lance Armstrong doping scandal, including before a commission of inquiry established in London (2012/13).

From patent and copyright litigation, to disputes over technology joint ventures, wholesale telecommunications services, satellite services and cryptocurrency, our lawyers have acted for multinationals, investors and start-ups in a range of leading edge disputes:

Cross-border cryptocurrency related litigation

Representing international retail investors as part of a team against a cryptocurrency exchange in Singapore litigation proceedings over the recovery of close to US$60 million in misappropriated customer assets.

Sub-sea internet cable infrastructure - interconnection rights

Representing a state owned entity of a Pacific Island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure.

Smartphones – patent licensing and technology development

Representing one of the world's leading technology companies in a high-value and high-profile ICC arbitration against another leading global technology company, concerning disputes arising from patent licenses and a significant business collaboration agreement in relation to smartphone development and technologies.

Cloud computing

Defending a leading international cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations and post-completion breaches of warranty.

Telco post-acquisition warranty claims

US$1 billion ICC arbitration concerning a warranty claim arising under a US$5.5 billion deal for the acquisition of a telecommunications group.

Satellites arbitration

Represented a major international aircraft and satellite manufacturer as part of a team in two arbitrations arising out of a series of defective satellites.

Copyright litigation

Partner Timothy Lindsay has previously served as the solicitor for New Zealand’s reprographic rights organisation, Copyright Licensing Limited, and has acted for parties in numerous copyright litigation cases. These including claims for CLL against infringing educational institutions, defending a leading multinational large format retailer in copyright litigation in relation to a menswear clothing item and acting for the rightsholders in the high-profile Eight Mile proceedings against the National Party in relation to its use of the Eminem song ‘Lose Yourself.’

Wholesale telco services

Represented a leading telecommunications company in arbitral proceedings against competitor telco relating to the supply of wholesale telecommunications services.

Acquisition of telco assets

Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million dollars, concerning a complex post-acquisition dispute over emerging market telecommunications assets

Telco M&A dispute

Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets.

Telco shareholder dispute

Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court.

Airline ticketing and booking system

Acted for technology joint venture (between various international airlines) in litigation proceedings relating to a well-known airline computer reservation software system.

Lithium battery technology company

Acted for plaintiff lithium battery technology company is a successful action against former CEO and director for breach of fiduciary duties, and associated parties for knowing receipt, arising out of various capital raising exercises.

Point of sale technology

Acted for plaintiff POS technology company in negligence claim against German liquidator, involving complex cross-border insolvency and private international law issues.

Our lawyers have acted in a number of significant enforcement proceedings and investigations brought by regulatory authorities:

Fair trading and consumer protection

Successfully defending Bunnings in a significant and high profile Commerce Commission criminal prosecution under the Fair Trading Act 1986, alleging false and misleading conduct in relation to Bunnings’ “lowest prices” advertising.

Commerce Commission consumer credit law proceedings

Successfully representing the Commerce Commission in a test case concerning consumer credit fees in the High Court, Court of Appeal and Supreme Court (Sportzone Motorcycles v Commerce Commission [2016] 1 NZLR 1024).

Regulatory Investigation - NZX Company

Acting for a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading

Air cargo

Representing the Commerce Commission in proceedings alleging price fixing in the air cargo market.

Insider trading

Assisting the listed issuer in an investigation and ultimate prosecution of insider trading proceedings brought by New Zealand’s securities regulator.

Advisory

Advising New Zealand and international corporates on competition/anti-trust, consumer protection, securities and financial markets issues, including in response to regulatory investigations in respect of alleged price fixing, anti-competitive behaviour, breaches of the Fair Trading Act 1986, breaches of the Takeovers Code, and NZX’s continuous disclosure rules.

Judicial review

Acting for New Zealand government departments and agencies in high profile judicial review proceedings before the High Court and Court of Appeal.