Timothy J. Lindsay

L18, 41 Shortland Street
Auckland 1140

L21, 8 Chifley Square
Sydney, NSW 2000

timothy.lindsay@lfmdisputes.com
m +64 212 444 666
p +64 9 394 7931
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Tim is recognised by Chambers & Partners, Legal 500, Benchmark Litigation, Doyle’s and Who’s Who Legal as a leading litigator and arbitration counsel.   His client-first approach, tenacity and attention to detail set him apart as an advocate for his clients' interests.   In 2021 he was Benchmark Litigation’s ‘Lawyer of the Year’ for New Zealand and in 2022 named to Legal 500’s ‘Arbitration Powerlist’ for Australasia. He has been described as “one of the top litigators in New Zealand” and “a real powerhouse lawyer… the kind of guy you would use for bet-the-company litigation, and he’s incredibly effective.”

Previously a partner at US law firm Dechert LLP, Tim is globally recognised for his track record as counsel in large, complex and ‘bet the company’ disputes, across commercial and corporate/securities litigation, class actions, regulatory defence, and arbitration matters.  He is  recognised as an “outstanding advocate”, “a highly experienced trial lawyer, and continues to be highly sought after on M&A and post-acquisition disputes, banking and securities litigation, and regulatory defence”, and who “handles eye-catching work in this field that involves complex cross-border elements and high values.”  Tim’s experience spans the breadth of key global industries and his team are often engaged later in a matter to conduct trials, working alongside existing legal advisors.

Tim has been described as “tough and resolute in the pursuit of his clients’ interests”, “a first class practitioner who combines great charm and skill with extraordinary tenacity”, “totally committed” to his clients, “incredibly responsive”, and a “great strategic thinker.”  “Him and his team are the ‘get in the trenches’ type of people.”  In 2021 Tim was named Benchmark Litigation’s ‘Lawyer of the Year’ for New Zealand and in 2022 he was named to Legal 500’s ‘Arbitration Power list’ for Australasia.  He is recognised by Chambers & Partners (‘Band 2’), Benchmark Litigation (‘Litigation Star’) and Lexology/Who’s Who Legal (‘Global Elite Thought Leader’).   

Tim practices from the firm’s Auckland and Sydney offices.  He appears as counsel in international arbitrations seated in Singapore and internationally.

• Qualifications

  LLB (Hons, First Class)

  Tim is admitted to practice in New Zealand, England & Wales and Australia (New South Wales & Federal Court)

• Representative matters

  Tim is a commercial litigator and arbitration counsel. An experienced trial lawyer, he has particular expertise in corporate and shareholder litigation, M&A and post-acquisition disputes, complex contractual disputes, banking and financial services and securities litigation, foreign investment law and investment arbitration, energy/resources disputes, telco/IP/technology disputes and regulatory defence.

  Tim currently leads the representation of international and domestic clients in a number of the most significant and novel corporate, commercial, regulatory and class action proceedings currently before the New Zealand courts. Examples of his current and recent representations include:

  • Representing airlines operating in New Zealand in proceedings relating to the Commerce Commission’s recent Input Methodology determination of the cost of capital for regulated Airports in New Zealand.

  • Representing the principal investments arm of a leading international investment bank Macquarie Capital in High Court litigation and arbitration proceedings against SkyCity concerning the termination, valuation and compensation sum due in relation to a long-term concession to operate a significant infrastructure asset, where the parties were in dispute as to whether that payment should be NZ187m or NZ$240m).

  • Successfully representing international joint venture partner PBL Solutions in High Court proceedings against NZX and ASX listed AFT Pharmaceuticals in relation to an orphan drug joint venture business.

  • Representing major foreign contractor CPB Contractors and its joint venture partner in significant High Court litigation proceedings against NZTA and Wellington Gateway Partnership arising out of the PPP project for the construction of the Transmission Gully roading project.

  • Representing four director defendants in two substantial class actions (funded by separate litigation funders), and parallel FMA pecuniary penalty proceedings and commercial litigations, arising out of the $747m collapse of NZX listed re-insurance company, CBL Corporation.

  • Representing Wesfarmers-owned Bunnings Limited, in criminal proceedings brought by the New Zealand Commerce Commission. In 2020 we secured a significant pre-trial ruling in the Court of Appeal, overturning decisions at the District Court and High Court. In 2021 the firm secured dismissal of all 47 charges following a six week trial.

  • Representing a director and associated entities in relation to a substantial $85m claim arising out of a significant construction and real estate development project and subsequent construction company liquidation.

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

  • Representing a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading.

  • Representing leading foreign-owned waste management company Envirowaste in proceedings alleging breaches of a joint venture and fiduciary duties in relation to the development and operation of a long-term organic waste processing facility and claim for $25m in damages.

  • Representing the minority shareholder in New Zealand’s first opposition to a scheme of arrangement in re Metlifecare Limited.

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

  In addition to his experience in the courts, Tim has appeared as counsel in some of the most significant international disputes in recent times before the world’s leading arbitration institutions (e.g., ICC, LCIA, ICSID and the Permanent Court of Arbitration at the Hague). For example, the ground-breaking Abyei Arbitration (border delimitation between Sudan and what is now Southern Sudan), Microsoft v Samsung (IP royalties and technology collaboration), Perenco v Ecuador and Burlington v Ecuador (multi-billion dollar claims by foreign oil companies under bilateral investment treaties), Vivendi v Deutsche Telekom (at the time the largest ICC claim ever made), and numerous significant confidential commercial arbitrations.

  Tim’s clients are able to draw on his experience acting for parties from or investing in all major global economies, including the US, Europe, Russia & CIS, Eurasia, the Middle East, India, Africa, Asia, Latin America and the Asia-Pacific region, across a broad range of industries.

• Recognition

  Tim has been recognised as a leading litigator and arbitration lawyer by international directories Chambers, Legal 500, Benchmark Litigation, Global Arbitration Review, Who's Who Legal, Euromoney and SuperLawyers.

  In 2021 he was named ‘Lawyer of the Year for New Zealand by Benchmark Litigation, an award he was shortlisted for in 2020. In 2018 and 2020 Tim was named one of the Top 10 'Most Highly Regarded' arbitration lawyers under 45 in the Asia-Pacific region by Who's Who Legal and Global Arbitration Review.

  Tim has been described in directories and by peers as having an “outstanding reputation,” “incisive,” an “outstanding advocate,” “possess[ing] great practical judgement,” “respected for his experience in both commercial and investment treaty disputes,” “a first class practitioner who combines great charm and skill with extraordinary tenacity,” and, importantly to Tim, “totally committed” to his clients.

• Prior international law firm experience

  Dechert LLP, London (Partner)

  Wilmer Cutler Pickering Hale & Dorr LLP, London (Senior Associate)

  Tim is admitted to practice in New Zealand, England & Wales and Australia (New South Wales)

• Thought leadership

  Tim is a leader in the dispute resolution field internationally.

  His leadership roles include appointment to:

  • the ICC Court of Arbitration (New Zealand, ICC Court member)

  • the ICC Commission on International Arbitration (New Zealand, alternate representative) where he participated in the drafting of the 2012 edition of the ICC Rules and was a leader on the ICC Commission’s Task Force on Financial Institutions and Arbitration and a member of the ICC Commission’s Task Force on Witness Evidence in Arbitration and Task Force on Decisions on Costs in International Arbitration

  • ICC Committee and Nominations Committee, New Zealand

  • the ISDA Arbitration Committee, which released its ISDA Arbitration Guide in 2013

  • the AMINZ Arbitration Rules drafting committee

  Tim is regularly invited to speak at conferences internationally, and has taught international dispute resolution topics at leading universities in the UK and New Zealand.

• CV

  Please email me for a current version of my CV.