We partner with our clients to manage risk and to avoid litigation wherever possible. When litigation is unavoidable, Linklaters focuses on the commercial objectives of clients, while assessing legal, commercial and reputational risk. We analyse the negotiating weaknesses of opponents and devises optimum procedural tactics or creative settlement approaches.
Our lawyers settle disputes in the most appropriate manner, whether by mediation, adjudication or expert determination.
Our international arbitration practice is one of the largest in the world. The team act as arbitrators and counsel in arbitral proceedings throughout the world, including the key arbitration centres of Paris, Geneva, London, Stockholm, Singapore, Hong Kong, Dubai and New York. We advise our clients on the pros and cons of using arbitration, the different geographical options available and the options for tailoring arbitration clauses to the needs of different contracts, parties, geographies and legal systems.
Linklaters has extensive experience of regulatory investigations worldwide. Our financial regulation group is a market leader in advising financial institutions on legal and regulatory risk, and we use our skills and experience to investigate even the most complex of issues and to advise our clients when they face regulatory action. A particular strength is our multi-jurisdictional presence, which means we possess the resources and cultural sensitivity to conduct global investigations and to harmonise the reaction to regulatory investigation in numerous jurisdictions.
Drawing on the expertise of nearly 300 litigation and arbitration lawyers globally, our insights into relevant cultural differences allows us to seamlessly handle large, complex cross-border cases. We focus on the essential with a view to achieving success whether through settlement or a fight as soon as possible and as cost effectively as possible.
Our lawyers settle disputes in the most appropriate manner, whether by mediation, adjudication or expert determination. Recognising the pressures facing in-house teams to effectively manage their legal spend, we have developed a multi-faceted approach to matter efficiency – more information can be found here.
Recent litigation & arbitration cases include advising:
- PricewaterhouseCoopers as administrators of the UK Lehman group - the largest and most complex in history. This has given rise to some of the most important and high profile litigation in the insolvency sphere, including Supreme Court cases in respect of the distribution of client money and also on administration expenses, as well as various Court of Appeal cases dealing with schemes of arrangement, the impact of insolvency upon derivatives contracts and, most recently, the distribution of a surplus in the estate (i.e. the “Waterfall” litigation). We have also acted on various related disputed proofs of debt that were submitted in the administration, several of which were of a magnitude in the hundreds of millions of pounds
- BP in relation to the shareholder dispute surrounding its Russian joint venture, TNK-BP
- the German Federal Ministry of Transport, Building and Urban Affairs in arbitration proceedings concerning the HGV toll system; the disputed amount of the two Toll Collect arbitrations is approximately €8bn
- an international food provider in its precedent-setting settlements with the SEC and the Department of Justice (through the U.S. Attorney’s Office in Manhattan), where no monetary fines were imposed in connection with a US$1bn accounting fraud
- the Russian Federation in national enforcement proceedings of an ICC Award initiated by the Swiss company Noga before the Luxembourg courts
- Multi-jurisdiction defence of Air France KLM against cartel damage claims of direct and indirect customers filed before a number of European courts
- Leading US automotive supplier in a post-M&A arbitration after a failed transaction, including parallel US litigation; the first arbitral award was annulled by a Higher Regional Court
- Major French bank which is the subject of regulatory and criminal investigations by foreign and French regulators and judicial authorities in the context of the manipulation of Libor and Euribor rates
- Leading French energy company in an ad hoc arbitration brought by a private Russian company and by two Regions of the Russian Federation in defence against a claim estimated at more than USD 22 bn. The matter has involved related civil and criminal court litigation in France
- Novo Banco, in many contentious issues arising out from the implementation of the banking resolution measure determined by the Portuguese regulator. This was the first time that the provisions of EU Bank Recovery and Resolution Directive have been tested
- Spanish listed company Abengoa on the restructuring of its debt, including the filling of the pre-insolvency out-of-court formal refinancing agreement
Key International Contacts:
Africa & Middle East – Roland Ziadé
Belgium – Francoise Lefèvre
France – Arnaud de La Cotardiere
Germany – Rupert Bellinghausen
Hong Kong – Melvin Sng
India – Ben Carroll
Italy – Alessandro Villani
Luxembourg – Guy Loesch
The Netherlands – Daniella Strik
Nordics – Niclas Widjeskog
Poland – Cezary Wisniewski
Portugal – Nuno Ferreira Lousa
Russia/CIS – Ben Carroll
Singapore – Jelita Pandjaitan
Spain – Francisco Malaga
UK – Satindar Dogra
USA – James Warnot