Banking and finance

In any high-stakes financial dispute you want to be certain that you have legal specialists on your side with decades of experience in the field. We advise clients on private and retail banking disputes; investment banking and structured finance disputes; trade finance disputes (including letters of credit, performance bonds, guarantees and bills of exchange); recovery strategies; asset finance disputes; and fraud and asset recovery matters. We act for, and against, banks and other financial institutions; hedge funds, closed end funds, and other funds; corporates; insolvency practitioners; and individuals.

Our experience includes:

  • Acting for a central bank in ICC arbitration proceedings under the ISDA Master Agreement arising from non-payment of alleged Termination Payment obligation and connected High Court proceedings under the Arbitration Act 1996.
  • Acting for a bank in an ICC arbitration, which involved claims relating to its obligations under facility agreements and related instruments. This involved complex issues of authority and allegations of corruption.
  • Representing an international bank against another bank in dispute concerning fees due under a business co-operation agreement to establish and develop a proprietary trading derivatives business in North Asia.
  • Advising a central bank on force majeure and frustration defences in connection with non-payment of alleged Termination Payment allegedly due pursuant to a precious metals swap under ISDA terms.
  • Advising the liquidators of a hedge fund in relation to a US$20 million LCIA arbitration with an investment bank arising out of the bank's close out of the fund's positions on a number of repo transactions.
  • Advising an international bank in a reps and warranties UNCITRAL dispute with a state agency following the sale of the bank by the agency.
  • Advising a central European bank on ICSID claims on the expropriation of debts and unfair and inequitable treatment against a Middle Eastern state.
  • Acting for a financial institution in ICC arbitration proceedings seated in Singapore against clients of financial institution arising out of margin calls and closing out of trading account as a consequence of volatile market trading.
  • Acting for a client which has a potential arbitral claim against it by a bank for repayment of amounts due under a facility agreement and which has a potential arbitral claim against the same bank for having being mis-sold a commodity swap.
  • Acting for a bank in relation to a claim involving a borrower arising out of a financing arrangement.
  • Acting for lender under facility agreement in ICC arbitration proceedings seated in Singapore for recovery of accelerated sums due as a result of payment defaults. Acting in related arbitration proceedings concerning enforcement under corporate guarantee.

Global reach

From our offices in the UK, China, France, Hong Kong, Singapore, South Korea and the United Arab Emirates, we have extensive global experience – both representing and sitting as arbitrators – in arbitrations at the world’s leading institutions including the LCIA, ICC, SIAC, HKIAC and DIFC-LCIA.

 
 

Mauritius

Mauritius

Advising the clients in a London-seated ICC arbitration relating to a shareholders’ agreement with respect to an African bank.

India

India

Acting for an Indian conglomerate in an LCIA arbitration against a major US bank regarding a dispute about the closing out of a number of currency swaps.

Advising a major Indian conglomerate in relation to US$9 million LCIA arbitration arising out of the alleged breach of various swaps contracts and a US$183 million Commercial Court claim brought by bond trustees.

 

Kazakhstan

Kazakhstan

Representing the Dutch investor in a Bilateral Investment Treaty (ICSID) arbitration proceedings against Kazakhstan. The claim arose from the expropriation of a bank and involved unfair treatment and expropriation claims.

France

France

Representing a French multi­national bank against its insurers on fraud cover (bankers blanket bond) disputes in relation to two major events for losses in excess of €500 million.

Netherlands

Netherlands

Representing the Dutch investor in a Bilateral Investment Treaty (ICSID) arbitration proceedings against Kazakhstan. The claim arose from the expropriation of a bank and involved unfair treatment and expropriation claims.

  • France

    Representing a French multi­national bank against its insurers on fraud cover (bankers blanket bond) disputes in relation to two major events for losses in excess of €500 million.

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  • India

    Acting for an Indian conglomerate in an LCIA arbitration against a major US bank regarding a dispute about the closing out of a number of currency swaps.

    Advising a major Indian conglomerate in relation to US$9 million LCIA arbitration arising out of the alleged breach of various swaps contracts and a US$183 million Commercial Court claim brought by bond trustees.

     

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  • Kazakhstan

    Representing the Dutch investor in a Bilateral Investment Treaty (ICSID) arbitration proceedings against Kazakhstan. The claim arose from the expropriation of a bank and involved unfair treatment and expropriation claims.

    Close
  • Mauritius

    Advising the clients in a London-seated ICC arbitration relating to a shareholders’ agreement with respect to an African bank.

    Close
  • Netherlands

    Representing the Dutch investor in a Bilateral Investment Treaty (ICSID) arbitration proceedings against Kazakhstan. The claim arose from the expropriation of a bank and involved unfair treatment and expropriation claims.

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Contact
Contact

To find out more, please drop us a line.

 
 
[email protected]
© Stephenson Harwood LLP 2023. Information contained on this page is current as at the date of first publication and is for general information only. It is not intended to provide legal advice.