Expertise
Peter has a broad disputes practice, with a particular focus on commercial disputes, shareholder disputes, contentious insolvency, civil fraud and asset recovery and internal and regulatory investigations and enforcement actions.
He has acted for claimants and defendants in a range of commercial disputes, and has resolved disputes by negotiation, mediation, arbitration under all the major rules including LCIA, ICC and ICDR and UNCITRAL, and in litigation before the High Court and Court of Appeal. His matters often have an international element, and he is experienced at running and acting as part of team in both substantive and enforcement proceedings in over 20 Jurisdictions.
Peter’s matters often include claims arising from breaches of fiduciary duties, director’s duties, fraudulent misrepresentation, deceit and conspiracy. He has advised extensively and has obtained numerous injunctions, worldwide freezing orders and disclosure orders. He is often asked to advise and act on urgent asset recovery matters, in particular in matters involving fraud and insolvency. He also advises and acts for clients in internal and regulatory investigations and connected enforcement proceedings.
Experience Highlights
Commercial disputes settled by mediation, arbitration or litigation. Significant matters include:
- Acting for a group of 180+ property search companies in a third party funded group action in the High Court against 350 local authority defendants.
- Acting for a Lloyds of London insurer in relation to a dispute with the assured in the High Court arising out of a GBP £28 million negligence and breach of contract claim connected to the sale of complex financial structured products.
- Acting for a multinational energy company in connection with a GBP £80 million claim in the High Court arising from a North Sea oil platform contract dispute.
- Acting for a German investment fund in connection with counter party claims arising from SIV and CDO investments.
- Representation of an entrepreneur in a dispute related to the fraudulent purchase of commercial and residential properties.
- Representation of an online gambling company in a dispute arising from the breach of an agency agreement.
- Representation of a religious organisation in connection with multi-jurisdictional defamation proceedings.
- Representation of a Middle Eastern company in connection with advice and enforcement proceedings against illegal pirate websites.
- Representation of European based brokerage in connection with a credit derivative trade dispute.
- Assisting with the representation of an accountancy firm in giving evidence as third party witnesses under The Hague Convention in deposition proceedings in support of US litigation (via a letter of request).
- Advising and acting for a Hong Kong investor in a dispute over the development of a BVI Hotel complex in an ad hoc arbitration seated in Puerto Rico.
- Advising on a SCC arbitration in Stockholm arising out of a licensing dispute between Chinese and US parties valued at +USD100 million. Proceedings included enforcement applications in the US, China, India, Pakistan.
- Acting for a multinational energy group in a Zurich seat arbitration under the ICC rules arising from a US$11 million breach of contract claim relating to the provision of a desulphurisation unit and in related enforcement proceedings in various jurisdictions.
- Acting for a Middle East based satellite broadcaster in a London seat arbitration under the LCIA rules arising from a US$350 million breach of contract claim and in related enforcement proceedings.
- Acting for a Middle Eastern based conglomerate in a London seat arbitration under the LCIA rules arising from breach of a joint venture agreement between the client and a multinational financial services organisation.
- Acting for a Russian oil company in a London seat arbitration under the LCIA rules arising from a merger with another Russian energy company.
- Representation of a multinational energy company in an arbitration under the ICSID rules arising out of a breach of a long term production sharing contract in the Middle East.
- Acting for a Nigerian oil company relating to RICO proceedings in the US in connection with an English law, Geneva seat, ICC arbitration.
Acting for clients in shareholder disputes, contentious insolvency matters, civil fraud and asset recovery. Significant matters include:
- Acting for the minority shareholders and directors of a large PRC state owned enterprise joint venture energy company with assets valued at close to US$1 billion, in a highly contentious shareholder dispute concerning breach of fiduciary duty, fraud and expropriation of significant company assets spanning jurisdictions including the US, the BVI, Hong Kong and the PRC. Matter included applications for injunctions to restrain various actions in the BVI, mirrored in Hong Kong and used in proceedings in the PRC. The substantive case broadly involved complex claims for unfair prejudice, applications for the appointment of an interim receiver, the appointment of a liquidator, for damages by way of a derivative action, for contempt for breach of various orders, together with multiple summary judgment applications.
- Acting for the minority shareholders of a company with listed subsidiaries in the US that hold significant assets in the PRC in the form of pharmaceutical trading companies in a multi-jurisdictional shareholder’s dispute between various PRC based individuals arising from decisions made by the board of directors to exclude the minority shareholders from the management of company. The matter involved complex claims for a buy out or wind up of the Company on the basis of unfair prejudice by virtue of exclusion from management in a quasi-partnership.
- Acting for an institutional client (one of the largest global banking groups) in contentious trust proceedings concerning three discretionary trusts set up by one of Hong Kong’s oldest and wealthiest families.
- Advising and acting for the majority creditors of a real estate conglomerate with assets valued at close to US$ billion in the PRC. Instructed on opposing applications to appoint liquidators over holding company entities in the BVI and Cayman Islands arising from connected proceedings in New York, Hong Kong and the BVI. The applications arose out of a disputed US$500 million syndicated loan and were made simultaneously in the BVI, Cayman and Hong Kong. Applications successfully dismissed in the BVI and Cayman.
- Acting for and advising the directors of WorldCom on claims against them in various jurisdictions arising from a dispute with shareholders and contentious insolvency proceedings started in the United States Bankruptcy Court for the Southern District of New York.
- Acting for a global shipping company in multijurdictional fraud proceedings and tracing actions in a number of jurdictions including Hong Kong, the BVI and Cayman.
- Advising and acting for Hong Kong luxury goods company in responding to letters of request arising out of UK,BVI and Cayman proceedings.
- Acting and advising clients on white collar fraud and contentious regulatory matters. Sgnificant matters include:
- Acting for a multinational commodities trading company in connection with a multi-jurisdiction regulatory investigation arising from whistle blower allegations of bribery.
- Acting for a multinational defence company in connection with an internal investigation and subsequent regulatory investigation arising from export control (and money laundering) related criminal offences of a UK subsidiary.
- Acting for a US based client in connection with an internal investigation and FCPA regulatory investigation (with a particular focus on transfers of data under the Data Protection Act).
- Representation of a security services company in connection with a regulatory investigation into the activities of its subsidiary and liabilities arising from accounting irregularities and allegations of fraud.
- Acting for various directors of a global energy company in regulatory proceedings before the Financial Services and Markets Tribunal concerning allegations of market abuse and breaches of listing rules.
- Representation of a global energy company in connection with an international investigation into alleged corrupt practices in Asia and Europe and connected whistle blower allegations.