Commercial litigation

We combine local and international litigation expertise with strategic and commercial advice to achieve the best outcome for your business.

Our litigation team in Europe, US and Asia serves a broad range of domestic and international commercial clients, from family offices to large corporate entities. We advise clients on a broad range of litigation, including supply chain issues, contract disputes, insurance, fiduciary, health and safety, tax and professional negligence. Where necessary, we are also experienced in challenging decisions by bringing claims for judicial review.

In Asia, we have one of the largest dispute resolution teams in Singapore, which enjoys the support of a number of Senior Counsels, including Singapore partner, Deborah Barker SC. The Singapore team is often called upon for complex and cross-border commercial disputes, involving both local and international parties.

The US team serves a broad range of domestic and international commercial clients, from family offices to large corporate entities. We regularly represent clients in art disputes, ‘no matter is too complex, with art lawyers across the world, we are ideally placed to respond to cross-border issues. Many of our cases require privately negotiated settlements – but we are also aggressive in court where necessary’ says US partner Dean Nicyper.

Recent work includes representing an Italian wine producer in the termination of its longstanding US importer. Through careful strategic decisions and negotiation we assisted the client in avoiding litigation, which at the outset had seemed inevitable, and handled the transition of its importation function to a newly formed affiliate.

The team is specifically acclaimed for its work in high-value insurance and professional liability matters. We have the largest insurance team in Singapore, where we act as trusted advisors to all the major players in the insurance industry, almost 80% of insurance companies in Singapore. Our work covers a wide array of matters relating to policy construction and interpretation across multiple jurisdictions.

In another cross-border dispute, we acted for an investment fund and its principals in a U.S. and U.K. courts in a dispute concerning investments in Ethiopia, successfully getting all claims against our clients dismissed.

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01 August 2017 - Article

Russian businessman living and working in Russia held to be domiciled in England for court jurisdictional purposes


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Recognition

Leading firm for commercial litigation

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Withers has advised us on issues relating to all of our international offices.  The firm has a well-established pedigree as trust and tax lawyers, and we value their input on commercial and litigation matters as well.  The responsiveness and the quality of their professionals across the world is impressive.

Nerine Trust Company Ltd
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We are proud to deliver innovative new products to the defence industry, and sought a strong litigation firm when one of our key products came under threat from numerous imitations. Withers’ team assisted us in successfully addressing these, as well as representing us in other significant disputes. The litigation team are skilled strategists with a grasp of the many aspects of a case, and provided us with first class service.

Hesco Bastion Ltd

Meet the team

How the team can help

Track record

£35 million misselling and LIBOR claim

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.

Defeating £15m claim, our client pays £1 damages

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.

Taking Google case to the European Court of Human Rights

In a case which will drive the online publication of defamatory content, we have brought a claim for our client in the European Court of Human Rights. Google did not remove anonymous defamatory remarks about our client, despite being notified, and we have progressed the claim to the ECHR having pursued a remedy against Google in the English courts.

Defending a claim for enforcement of a US$30 million Russian judgment

Acting for a Russian industrialist in defence of claim for enforcement of a US$30 million Russian default judgment and successful appeal to the Eastern Caribbean Supreme Court (ECSC) Court of Appeal and the UK Privy Council.

USD$3.25 billion fraud lawsuit

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

Belarus $1.6m business dispute

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 Ukranian-owned company, relating to company officers' authority to conclude contracts.

£5 million LIBOR claim against major bank

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.

Recovering the proceeds of fraud in the UK and Cyprus

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

Defending the holders of USD$200 million in bonds

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

Swiss franc de-pegging claim

Representing one of the UK's leading financial spread betting companies, we are bringing a claim on behalf of our client against its prime broker and prime liquidity provider following losses incurred as a result of the de-pegging of the Swiss franc in 2015.

Bringing misselling and breach of contract claims against bank

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.

Italy-CIS dispute over contract and arbitration venue

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.

Vodafone US$11 billion dollar acquisition

Advised Vodafone in relation to a major Indian tax litigation on indirect transfers arising from its US$11 billion dollar acquisition from Hutchison.

Multi-billion dollar hedge fund

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

Madof related litigation

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.

Serco and Blackstone Group

Represented Serco and Blackstone Group in a major advance ruling and Indian tax litigation in relation to M&A valued over USD$500 million.

Azerbaijani oil company

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

A prominent Russian businessman

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

Russian owned Hong Kong business

We are advising a Russian owned Hong Kong company in a dispute over a success fee relating to the sale of shares.

Chief financial Officer of software firm

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.

Greek national basketball team

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

Multi-national investment dispute in Ethiopia

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.

Major US accountancy firm in insurance claims

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

The Romanian State

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.

Defending architecture copyright infringement

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

Litigation with five Italian banks

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.

Litigation advice for the Ukranian government

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

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