ESG disputes are increasingly common, including litigation on issues such as climate change impact and other environmental considerations, bribery, corruption, human rights and workforce safety, ethical management and conduct, reporting and transparent governance.
Our team has the expertise, built over many years, to work with you to resolve problems such as these efficiently and in accordance with the needs of your business.
We are also regularly instructed to lead on civil fraud claims and investigations in the sector and have acted in some of the largest fraud investigations claims in the English Courts (Libyan Investment Auhority -v- Soc Gen, for example) and the BVI Courts (Renova -v- Emmerson).
Other examples of our experience include:
- Acting for a dual listed oil company in an ongoing dispute concerning the rights of founder shareholders and board seat entitlements
- Acting for a large US metals futures trader across 6 different commodities disputes in England (Court and arbitration proceedings), Zambia, DRC, Singapore and Hong Kong. All concern commodities contracts on trading, pricing, financing and concern allegations of dishonesty
- Acting for a syndicate of investors suing a Chinese company concerning a JV to extract and sell metal extracted in the Brazilian Amazon valued at US$350m. The Chinese counterparty has defrauded our client by secretly selling metal to a third party and not accounted for the profits to its JV partner
- Acting for a UK fund on a potential dispute with the Nigerian based ultimate owner of shares (held under an English trust) in a lithium mine in Zimbabwe
- Acting for a number of clients on disputes arising from multiple natural resources assets in the CIS region
- Conducting a detailed investigation and reporting on a potential financial fraud perpetrated by the CEO of a South African Plc against the company (and its operations in SA, Netherlands, Germany and Switzerland). This included a forensic investigation and full legal opinion on the matter
- Acting for the Swedish government to investigate a significant fraud perpetrated by an investment fund against Swedish pension holders
- Acting for senior executives of the Essar Group, a multinational conglomerate, in a USD1.5bn unlawful means conspiracy claim in the Commercial Court arising out of international trading arrangements
- Advising an Indian company in a dispute worth US$250m with the Governorate of Basra, Iraq, and several international financial institutions, arising out of a contract for a major infrastructure project and associated performance bonds and letters of credit. The dispute involved parallel proceedings in London, Iraq and India
- Acting in an ICC Arbitration concerning disputes in North Africa regarding a gas pipeline with cross claim values in the region of €300m
- Advising an Indian company in relation to various issues arising out of a Joint Venture with UAE and American partners for the construction and development of an aluminium mine in West Africa
- Acting for the claimant in a multimillion-dollar dispute in LCIA arbitration arising out of a Licensing Agreement relating to an internet-based platform for the buying and selling of goods in the mining, metals and other natural resources industries
- Advising a mining company in a breach of contract dispute relating to severe delays to a shipment of iron ore caused by restrictions during the Coronavirus pandemic
As well as providing advice to mitigate litigation risk and advising on claims when they do progress, our expert advisors can support your business in a range of other areas, including the management of your cross-border employment and immigration requirements and intellectual property portfolio.