Withers Worldwide

Overview

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Roberto specialises in commercial litigation and arbitration involving international and domestic contractual disputes, fraud and asset tracing, insolvency, partnership and shareholder disputes, loan recoveries and debt collection. He is head of the Insolvency Group at Withers, advising Insolvency Practitioners and directors of distressed companies as well as creditors.

Roberto is experienced in High Court pre-action strategy, such as applying for and defending applications for worldwide freezing orders, ultimately through to enforcing judgments in the UK and abroad.

In terms of arbitration, Roberto has arbitrated cases both in the UK and abroad for international clients, including pursuant to the rules of the ICC, LCIA, LMAA and UNCITRAL. He also has experience of enforcing arbitral awards in foreign jurisdictions pursuant to the New York Convention.

Roberto also has experience in advising in privacy and defamation matters. His cases include Elite Model Management (New York) & Elite Model Look (Paris) v BBC which at the time was the largest defamation action brought before the High Court in London. He negotiated the successful outcome of this action.

Roberto has been variously quoted in Chambers and the Legal 500 as 'a very good lawyer who takes advantage of his international connections' and 'quite superb' and has regularly obtained a ‘Leader in the field' ranking.

Highlights

• Roberto's clients include Lotus F1 Team Limited (formerly Renault Formula 1), Queens Park Rangers Football Club, State Bank of India, The Duferco Group, Vivienne Westwood Limited, Società Esplosivi Industriali Spa, Elite Model Management & Elite Model Look, Finint UK Limited, Cipriani International SA, and various firms of insolvency practitioners.

His High Court litigation cases include:

• The Complete Retreats Liquidating Trust v Logue and others - a case which involved successfully setting aside a worldwide freezing order obtained against the defendants;
• Finint UK Limited v Kerrison - a case which involved obtaining a worldwide freezing order against the former Managing Director of a UK subsidiary;
• Fieldglen Ltd & Ford v The Financial Services Authority - a case which involved an application restraining the FSA from accessing and downloading data stored on a computer;
• Carlisle & Cumbria United Independent Supporters' Society Limited v CUFC Holdings Ltd & Others - a case involving a derivative action brought by a supporters' trust as a minority shareholder on behalf of the holding company of a UK football club;
• Renault Formula 1 v PVAXX / Renault Formula 1 v Jam Session Srl - which both involved a contractual dispute concerning the non-payment of sponsorship money;
• Morgan Grenfell v Deutsche Bank v Arrows Autosports & Walkinsaw & Others - a claim brought by a lender against a Formula 1 motor-racing team and its guarantor;
• Queens Park Rangers v Caliendo - a case brought before the courts of Monaco concerning a football player;
• JP Morgan v Edsparr - a case concerning the enforcement of a restrictive covenant;
• Shing Lee Ho Chee & State Family Planning Commission of China v Neville & Krikorian - a case involving an appeal brought under s.7(3) Insolvency Act 1986 seeking to reverse the decision of the supervisor of a company voluntary arrangement;
• Hervia Limited v Vivienne Westwood Limited - a case brought against our client in relation to a franchise agreement.

Roberto's arbitration cases include:

• Arbitration in accordance with ICC rules - acting in relation to a dispute arising out of the awarding of an infrastructure contract in Ukraine.
• Arbitration in accordance with the UNCITRAL rules - acting for the owners of a former state owned Macedonian steel company in relation to claims brought against it by two former state owned companies in Macedonia and a counterclaim brought against them for breach of warranty.
• LMAA arbitration - acting for a European steel manufacturer and supplier in an arbitration brought against it by a supplier of raw materials.
• LCIA arbitration - acting for a Jersey based oil trading company in a claim against an oil producer following on from the non supply to it of oil from an oil terminal in Ingushetia.
• LCIA arbitration - acting for a BVI company in relation to a claim for the return of US$20million due to it from a Turkish company following the non supply of shares in a Swiss company which owned an oil terminal on the Caspian Sea.
• LCIA arbitration - acting for an Italian company in relation to the recovery of a debt owed to it by a Brazilian company following the supply to it of customised speed boats to be used by the Brazilian Police Force.

Publications and speaking engagements

Roberto has lectured in Switzerland and Italy, including at the Court of Appeal in Milan. He has hosted and participated in seminars focussing on various aspects of English civil law and procedure, in particular forum shopping, enforcement of judgments, insolvency and arbitration.

Roberto was the author of 'Model Democracy' an article in 'Legal Week' about the evolvement of the law of privacy. He has also been quoted on various issues ranging from defamation and insolvency in The Times.

Memberships

• Association of Business Recovery Professionals
• London Court of International Arbitration
• British Italian Law Association

On a personal note

Roberto enjoys travelling to Italy and the United States to see friends and family. He also enjoys rugby and football (though only watching these days!).