Commercial litigation

In a high stakes dispute, with a £15m claim by Marathon Asset Management against our client and another defendant, our strategy in the case secured a nominal order of £1, with the High Court also ordering Marathon to pay towards our client's costs.

In a major misselling claim, we are assisting the liquidators of a property company on a dispute relating to over £35 million of losses incurred by interest-rate hedging products sold by a UK bank. The claim also involves allegations relating to the bank's involvement in LIBOR manipulation.

Acting on a multi-billion dollar energy arbitration arising out of an M&A transaction.

Advised a Russian corporation in a dispute to a value of over US$150 million in relation to cancelled Credit Linked Notes

Conducted an extensive project for a Government client advising them on international investment law issues and drafting an innovative model bilateral investment treaty.

In an LCIA arbitration concerning a high profile real estate project in Moscow, worth $160m, and involving complex issues of fraud, illegality and a combination of Russian, Kazakh and BVI law, we have taken an innovative approach to calculating the damages at stake.

A major construction project in Libya has resulted in an ad hoc commercial arbitration for our client, an Italian company.

When our client suffered a bank mandate fraud, it severely affected his art dealership business. We put a team in London and Hong Kong into action to freeze the stolen funds, held in a Hong Kong bank, and were able to retrieve them for our client.

A world renowned hotel entered into an interest rate swap with several banks, but ended up suffering significant losses. The hotel's owners approached us to pursue the law firm who represented them in a professional negligence claim. The case was listed for a five week High Court trial, but we arranged a settlement before the trial commenced.

Our client faced claims to his million pound London property, as a result of a massive fraud claim relating to a member of his family. Working to protect his property rights, we secured a landmark ruling from the Court of Appeal to enable him to challenge the claim.

In a complex international dispute involving one of the oldest multi-sectorial brands in Belarus (our client), we defended a $1.6m claim brought by a Ukrainian-owned company, relating to company officers' authority to conclude contracts.

The LIBOR scandal resulted in losses for many businesses, and we have brought a £5 million plus claim against a major UK bank on behalf of the former directors and owners of a group of companies. The companies suffered losses from interest rate hedging products which were missold to them.

Represented a Mauritian energy company as counsel and advocates in an investment treaty arbitration against Pakistan under the UNCITRAL arbitration rules.

A dispute over an investment in the energy sector has resulted in an ICSID investment treaty claim against a European state. Our client is seeking damages for breach of fair and equitable treatment, expropriation and other breaches of treaty standards.

A Caribbean Government has instructed us to advise on a range of international investment law issues.

In a case before the High Court, we successfully settled a claim against an insurance broker, who left our client in a difficult position by failing to provide proper advice on his level and adequacy of public liability cover.

Our client suffered losses when they engaged a law firm to advise on their exit from the partnership of a hedge fund. We represented him on a claim of more than £5 million against the law firm for negligent advice.

Our team successfully defended our client in a USD$3.25 billion lawsuit alleging the fraudulent transfer of assets

When a property developer discovered that it did not have full rights of access to a development site it was acquiring, it turned to us for assistance, and we have represented it in a negligence claim against its former solicitor.

We have been a longstanding adviser to Bar Mutual, advising the organisation on claims by the barristers it represents, or on third party proceedings brought by solicitors facing professional negligence claims. We also directly advise barristers protected by Bar Mutual

We successfully represented the holders of US bonds to the value of USD$200 million in lawsuits against a rating agency and an indenture trustee of a private placement

An ex-director of our client, a Cypriot company, defrauded the business of $6m. Following a case in Cyprus, we stepped in to obtain a freezing injunction from the London courts, and then secured a final charging order over a London property to recoup the losses.

We are pursuing a Turkish company and an entrepreneur in respect of fraud perpetrated on a Swiss trading group.

Following the alleged theft of nine old master paintings from a European art gallery, we represented insurance underwriters in a fraud claim relating to the art work, and resulting in a successful settlement.

Advising Swiss trustees and a Swiss bank on the recovery of assets relating to unravelling an appointment upon the discovery of a fraud on a family trust and on the assets in the estate of the deceased settler in the sum of approximately £400m.

In a case involving claims of misrepresentation, breach of contract, breach of duty in tort, and misselling of an interest rate swap, we are representing a family-owned property investment company seeking substantial damages from a major UK bank.

A complex international case has seen us acting in a dispute between parties in Italy and a former CIS region state. The case involves a possible arbitration in Paris over a contract under English law, as well as questions of the English court's ability to grant relief in the case.

During our client's highly sensitive and hard-fought divorce, our Media and Reputation team played a key role to ensure that our client's public reputation was protected in the face of significant media interest. The team also provided counsel on communications from our client, which were required to uphold his rights in balance with the other party's.

An Italian luxury yacht builder consulted Withers when it found itself in dispute with a Maltese client over a shipbuilding agreement. This was essentially a contractual dispute involving delay, construction in accordance with strict shipbuilding specifications and a claim for liquidated damages.

Our Singapore team successfully acted for LG Electronics Inc. in a trade mark opposition filed by headphones manufacturer Beats Electronics, LLC against the registration of the mark 'QuadBeat' before the Intellectual Property Office of Singapore, securing a favourable decision.

Our cross border dispute resolution team acted for a Korean digital entertainment business in a multi-million dollar ICC arbitration on a construction and commercial disagreement involving two Korean businesses and a Chinese company

A dispute over an investment in the energy sector and ICSID investment treaty arbitration claim against a European state. Our client is seeking damages for breach of fair and equitable treatment, expropriation and other treaty standards.

We achieved our client's aims in a £1m+ claim against their former solicitors, after a VAT dispute with HMRC was mishandled, resulting in substantial losses. The matter was settled through mediation.

We successfully represented our client in Zhao Hui Fang and another in a case that challenged the application of stamp duty to a residential purchase by a charity. The High Court of Singapore ruled that the additional buyer’s stamp duties regime does not apply to residential property purchased by a charity. The landmark decision had wide-ranging impact on charities and the non-profit sector in Singapore.

Representing one of the largest companies in Macedonia in two ICC arbitrations relating to the collapse of a public procurement project to build a motorway in Poland, including claims for unpaid joint venture costs and breach of contract. <br />

We are representing a Malaysian bank on an arbitration in Singapore under the ICC Rules regarding claims arising out of a software contract with a Swiss multinational corporation. The contract involved the replacement of the bank’s central banking system, with far reaching cross border implications, given the bank's status as a public institution. The claim relates to the Islamic status of the core banking system with a contract value in the region of USD $17 million.

Advised a company specialising in buying and selling art in an LCIA arbitration dispute over the ownership of a Monet painting under Swiss law.

We acted in the High Court of Singapore in disputes relating to market manipulation and freight forwarding agreements, and involving violations under the Securities and Futures Act (Cap. 289) and successfully resisted a striking- off application

Acting for a Cypriot company with Russian connections in an arbitration claim challenging a USD$72 million London Court of International Arbitration Award

We successfully defended a claim in the High Court and the Court of Appeal arising from a refusal to grant a renewal of a lease of a site on prime land, involving allegations of misrepresentation

Represented a Liechtenstein bank in Madoff-related litigation (In re: Fairfield Sentry Ltd) seeking to claw-back funds invested by bank clients in the largest Madoff feeder fund.

We represented SMRT Trains in a High Court case involving the duty of care owed by a mass rapid transport operator and regulator to a commuter claiming SGD $3.4 million in damages. The Plaintiff’s claim was dismissed by the High Court Judge, whose decision was upheld by the Court of Appeal.

We are advising an Azerbaijani oil company in a dispute relating to an off-shore drilling platform.

We are coordinating litigation arising from a shareholder’s dispute in Cyprus, Anguilla and Belize on behalf of Russian shareholders in a global financial business.

We advised a prominent Russian family on establishing international private wealth holding structures in Switzerland, US, UK, Italy and Cyprus.

Successful representation of a prominent Russian businessman and officials in highly complex and interrelated committal, bankruptcy and Commercial Court proceedings.

We successfully represented Salim Shalabayev, a Kazakhstani citizen, on an Appeal of a Final Charging Order over his property in London.

We represented the chief financial officer of a software company in connection with an SEC investigation. The commission was alleging that there had been accounting improprieties on our client’s watch, but we were able to obtain a favorable resolution of all charges.

Represented Greek national basketball team in defending federal claims. Case successfully resolved with full dismissal of claims against the team.

Acting for a British Virgin Islands company in relation to a claim for the return of US$20 million 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.

We are representing a publicly owned company in recovering the proceeds of a fraud perpetrated on it by its in house accountant. This involved obtaining urgent injunctions first in England and then in Cyprus to freeze the stolen money and then secure its return

Our litigation team advised a Greek foundation on the restructuring of its UK assets.

Our US team represented one of the major accounting firms against primary and secondary insurers to recover for claims based on accounting firm's financial audits

A proposed merger in the Pay TV market in Greece led to a dispute in which we represented Greek clients in a substantial LCIA arbitration.

The termination of a 10-year worldwide agency and distribution agreement led to us representing a Greek company in a dispute with a Jordanian state owned enterprise.

Our US team represented an investment fund and its principals in a multi-national dispute concerning investments in Ethiopia, we successfully dismissed all of the claims against our clients.

Represented high-profile Managing Member of multi-billion dollar hedge fund in litigation involving the termination of an analyst.

Our team represented the Romanian State in connection with the enforcement of a foreign judgment in the US, with the State receiving 100% of the judgment amount.

We act for the Ukrainian government in relation to a variety of commercial disputes.

Our lawyers successfully represented and defended an architectural firm against a copyright infringement claim by the building's original architect.

Withers represented one of the heirs to a publishing fortune in a case arising out of a dispute with his children over the administration of various family trusts. Withers successfully resolved the dispute through alternative dispute resolution in California avoiding a costly court battle and prolonged family discord.

Withers worked to successfully dismiss an action filed in California against a Japanese citizen in the United States. The action mistakenly named the citizen in a U.S. personal injury matter, although the intended party was a person of the same name.

Withers helped an elderly client defeat aggressive efforts by her daughter to force her to endure a medical examination or submit to a guardian ad litem. Withers is often asked to zealously represent parties in California elder abuse actions in a variety of scenarios, including both those situations where the older person is still alive or is deceased.

Withers represented an individual in a dispute involving a successful limited liability company that provided global financial consulting and advisory services. Withers successfully avoided a public lawsuit and negotiated a successful resolution. This complex matter involved parties in the United States, the United Kingdom, Singapore and Belize.

Withers successfully obtained judgment against a debtor based in California on behalf of an individual lender based in the Russian Federation. The debtor, a prominent dance event organizer, failed to repay funds lent to him to further his dance business.

Represented heirs to the fortune from a pharmaceutical company in a dispute concerning control of the family office and competing claims of breach of fiduciary duty. After completing all pre-trial discovery and motion practice, Withers successfully negotiated a settlement for the heirs without the need for a costly and public trial in California state court.

Represented the court-appointed administrator of an estate in litigation against the decedent’s former business partner in Vietnam. We brought a derivative action on behalf of an entity the decedent co-owned with his business partner, obtained a preliminary ruling transferring half a million dollars from the entity to the estate, and ultimately settled the case.

Represented a trust beneficiary who obtained a million dollar judgment and an award of attorney’s fees against a trustee who breached her fiduciary duties in the administration of a family trust.

Represented the designated beneficiary of a retirement account and obtained summary judgment defeating the claim of an adverse party seeking a portion of the retirement account.

In several different matters, successfully defended private professional fiduciaries against claims of alleged breach of fiduciary duty.

Obtained dismissal of elder abuse claim by dispositive motion without the need for discovery or trial.

Obtained dismissal of a conservatorship petition without the need for discovery or trial.

We are representing five Italian banks in a jurisdictional challenge to the English courts based on the place where payment had to be made under a confirmed letter of credit.

We act for the Ukrainian government in relation to a variety of commercial disputes.

A prominent Ukrainian businessman instructed us to represent him in a complex £30 million dispute involving breach of contract, misrepresentations and fraud allegations.

Our litigation team acted in Ecuador v Colombia (Aerial Herbicide Spraying) Counsel of Colombia, in an ICJ case involving issues of international environmental law.

Our client was an Italian company which supplied customised speedboats for use by the Brazilian Police Force. We represented our client in the recovery of a debt owed by a Brazilian company involved in the transaction.

Represented a national basketball team in defending federal claims. The case successfully resolved with full dismissal of claims against the team.

Represented a foreign-based seller of NY property, whose lawyer stole the proceeds of the sale. In addition to partial recovery from the Lawyers' Fund, we were able to recover a substantial amount of the uncovered losses.

We acted for the trustees of an estate in advising on a potential claim by the Italian State to the ownership of a Roman era fragment marble relief. The relief was purchased in the 1960s in Switzerland and passed to the state following the death of the purchaser. Having been put up for sale by the trustees, it was spotted at an art fair as being linked to a number of other reliefs that had been seized by the Italian authorities having been illegally excavated in the early 2000s. Withers assisted the trustees in bringing about the restitution of the relief to Italy.

We represented one of Saudi Arabia's leading contemporary artists in a multi-jurisdictional claim against an auction house and a Dubai based gallery. The claim derived from the unauthorized selling of one of the artist's own artworks by the Dubai gallery at an auction. The matter was successfully settled.

Our attorneys represented companies in the cable and satellite television industry in disputes concerning television content distribution rights and contracts.

Represented luxury brand as outside general counsel in all areas of employment including counseling, compliance with employment laws, leave-related issues, terminations, and defending discrimination actions.

Represented a US consumer goods company in advertising compliance issues.

We represented the estate of a renowned European contemporary artist in seeking to bring about the return of numerous artworks that had not been returned by a German gallery following the artist's death in the mid-2000s.

Leading the global enforcement strategy on behalf of Mrs Akhmedova for the enforcement of a financial order of the English family court worth £450 million over various luxury assets and bank accounts located around the world, including Marshall Island, Dubai, Isle of Man, Switzerland, Liechtenstein, Russia and England.

When the defendant took his £350 million mega yacht to Dubai, Withers used the DIFC Court as a conduit through which to get an order for enforcement from the Dubai local courts. The case was heard by both the DIFC Court of Appeal and the Joint Judicial Committee.

Withers achieved a rare success by successfully piercing the corporate veil of a Liechtenstein company set up as a sham by the judgment debtor for the purposes of hiding assets.