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Commercial Disputes

Clyde & Co provides clients with ready access to advice on contentious issues regardless of business sector or location, handling disputes of all sizes up to complex multi-jurisdictional cases.

Support and guidance throughout commercial disputes

Support and guidance throughout commercial disputes

Our commercial disputes and alternative dispute resolution services are intended to give clients the confidence they need to proceed through a contentious process.

We provide the same level of rigour, experience and sensitivity regardless of the size and nature of the matter at hand. Our experience extends from relatively straightforward cases to extremely complex, multi-jurisdictional disputes.

We understand the pressures associated with both pursuing and defending a course of action. We tailor the support we give accordingly, aiming for first-class client service as a priority. We can draw from a substantial and talented bench of lawyers according to the requirements of the particular case.

Many of our lawyers can conduct advocacy when appropriate, and we have deep experience of representing clients in class actions. Areas of speciality include banking and finance, fraud and asset recovery (including investigations), professional negligence, real estate, information technology and corporate disputes.

Our Commercial Disputes work

  • Africa
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Whistleblowing claim involving an African oil and gas company

    Advising a leading Algerian headquartered oil and gas company on a whistleblowing and unfair dismissal Tribunal claim


    Mining industry ICSID arbitration between a company and national government

    Representing Carnegie Minerals (Gambia) Limited (Carnegie Minerals) in ICSID arbitration proceedings relating to The Gambia's alleged wrongful termination of Carnegie Mineral's mining interests (heavy mineral sands) in The Gambia and the seizure of its mining equipment and assets.

  • Litigation regarding a complex debt for equity swap

    Advising an Ecuadorian banking group in litigation arising out of a complex debt for equity swap. The parent company assumed responsibility for litigation in the US, the Bahamas and England and Wales regarding the purported asset stripping of its Bahamian domiciled ultimate subsidiary.


    World's largest Insurance claim arising from strikes and civil commotion

    Advising on one of the world's largest insurance claims ever recorded arising out of strikes and civil commotion at the world's largest electric power construction project based in the Amazon


    Dispute concerning an all-risk insurance policy for a hydro-electric project

    Advising six co-insurers and thirty co-reinsurers in relation to a complex multi-jurisdictional dispute, involving court proceedings in the UK and Brazil, in addition to arbitrations under ARIAS and LCIA rules.


    Franchise and third party CAD 750 million class action

    Defending 38 law firms sued in a third party claim to a CAD 750 million class action suit by Canadian dealerships alleging violation of various Canadian franchise acts by an auto manufacturer and violation of duty of care by a major Canadian law firm


    Oil and gas price fixing class action

    Defending a class action suit of CAD 370 million alleging conspiracy in price fixing of oil and gas in the Province of Quebec in violation of the Quebec Civil Code and Competition Act


    Multi-jurisdictional class action involving an aircraft manufacturer

    Representing one of the largest airline manufacturers in a class action involving multiple jurisdictions and product liability


    Representing a state Government at the Walkerton Commission

    The Walkerton Commission investigated a series of events and failures, both human and systemic that led to the contamination of the local water supply Walkerton, Ontario, Canada.


    Large-scale reinsurance dispute

    Representing forty four London market reinsurers in a nine-figure reinsurance dispute.


    ICC USD 4 million port construction works arbitration

    Advising on a USD 4 million ICC arbitration concerning dredging and port construction works in the Dominican Republic

    Dominican Republic

    Mining dispute against the Government of Ecuador

    Representing US investors in a dispute with the Government of Ecuador concerning its revocation of a tar sands mining licence and involving Ecuador’s renunciation of its membership of ICSID

  • Catering company contamination claim

    Representing the Australian arm of a multi-national catering company in connection with an alleged listeria contamination, involving an indemnity claim by the carrier in respect of 180 plus claims pursued in Australia, and an investigation into the downstream supply chain.


    AED 330 million mining contractor termination dispute

    Acting for a major subcontractor in a Supreme Court of Victoria proceeding involving AED 330 million in claims arising from the employer’s termination of the main contractor to the Minerva coal mine project


    Water treatment plant disputes over Western Australian mine

    Advising a waste water company regarding claims and subsequent disputes arising from the construction and operation of a water treatment plant at the Murrin Murrin "Super Pit" nickel-cobalt mining project in Western Australia


    Shareholder class action against collapsed mining company

    Acting for a director of a collapsed mining company in a shareholder class action in the Federal Court against a junior mining company, its directors and auditors arising out of alleged misrepresentations to the market and continuous disclosure breaches at around the time of the 2008 financial...


    Employment liability class action

    Advising on coverage in a first of its kind employment practices liability (EPL) class action alleging mis-categorisation of employment status and sham contracting.


    Class action brought by investors against trustee

    Advising in three concurrent but separate high-profile multimillion dollar class action proceedings (ranging from AUD 16 million to AUD 60 million) brought by investors against a trustee (a subsidy of an Australian bank) alleging failure to exercise 'reasonable diligence' and falling short of...


    RMB 82 million dispute involving a global fashion brand

    Acting for a global Italian fashion brand in a contractual dispute concerning the recovery of payments from its agents of approximately RMB 82 million


    Advising on disputes arising from a team move

    Advising clients on the strategy for achieving a team move to a competing bank, the enforceability of restrictive covenants and defending court proceedings brought against them by their former employer seeking an injunction to prevent them from working for their new employer


    Cross-border joint venture dispute involving an ultra-high net worth individual

    Acting for a Chinese billionaire and companies owned by him and his family in a joint venture dispute with a French public company

    Hong Kong

    Defending a company against a privacy investigation

    Defending a company against investigations by the Hong Kong Office of the Privacy Commissioner for Personal Data in Hong Kong (PCPD)

    Hong Kong
  • Share sale dispute involving former shareholders

    Defending a claim for non-payment of fees and damages brought by a Russian investment bank. Our clients counterclaimed for breach of contract and negligence on the part of the Russian investment bank in the provision of its advisory services in relation to the share sale.


    Multi-jurisdictional claim and counterclaims regarding an EPC contract

    Advising a Japanese EPC contractor in relation to large value claims and counterclaims related to a refinery project in Oman


    QR 110 million road project claim and ICC arbitration

    Advising a joint venture contractor on a QR 110 million claim and ICC arbitration arising out of a road project in Qatar


    Burj Khalifa contractor dispute

    Advising contractors for the Burj Khalifa (the world’s tallest building) on disputes arising from design and installation of curtain wall and cladding

    United Arab Emirates

    Post-acquisition dispute in Riyadh

    Advising a UAE-based investment fund on a post-acquisition dispute with a vendor and current anchor tenant relating to the maintenance of a large commercial office building in Riyadh

    United Arab Emirates

    Property management disputes for an Australian hotel operator

    Acting for a leading Australian-based hotel operator in respect of disputes arising out of a property management and leasing agreement for a residential apartment building in Dubai

    United Arab Emirates

    Sex discrimination and dismissal claim

    Advising Itau Securities against a sex discrimination claim brought by a terminated employee.

    United Arab Emirates

    Financial services DIFC Courts discrimination claim

    Defending employers in the financial services sector against employment claims brought in the DIFC Courts

    United Arab Emirates

    Advising a US brand on trade mark enforcement proceedings in the UAE

    Acting for US brand owners in the aerospace, clothing and FMCG sectors on trade mark enforcement issues in the United Arab Emirates, including lodgement of criminal complaints with police and court proceedings regarding infringement of registered trade marks

    United Arab Emirates

    Yemeni USD 10.9 billion Production Sharing Agreement ICC Arbitration

    Successfully acting on a multi-billion dollar arbitration concerning the Republic of Yemen's national wealth and in relation to a 20-year old Production Sharing Agreement (PSA) regarding the Marib Block 18 oil field in the Yemen. Reported in The American Lawyer as the 2nd largest contract...

  • Price adjustment ICC arbitration for an Austrian roads contractor

    Advising an Austrian contractor on an ICC arbitration concerning a price adjustment claim relating to a road rehabilitation project


    Long term contract frustration and ICC proceedings

    Acting for JAT in ICC proceedings on a dispute concerning frustration of a long term contract, arising out of sanctions and return of maintenance reserves.


    Structured finance transaction involving Sharia'h and French insolvency principles

    Advising solicitors and other professional advisers in a dispute arising from French insolvency proceedings and a Sharia’h compliant structured finance transaction, the purpose of which was to finance a real estate company’s acquisition of a French property investment company and the refinance...


    Cross-border professional liability claim involving French law principles

    Advising a large US law firm in a high value cross border claim based on French law principles of professional liability


    English primary proceedings and Injunction enforcement

    Acting for Gamit Ltd in claims for breach of contract for VVIP maintenance of Royal Flight B747. Advising on and securing interim seizure injunctions over engines in Germany, culminating in obtaining a multi-million pound judgment for our client.


    Banking sector claims validation, negligence and breach of contract

    The Commercial Court proceedings involved claims in respect of a USD 2.5 billion structured finance transaction that was concluded in 2007. We settled this dispute for our client, a German bank, shortly before trial.


    Leveraged finance facility dispute worth EUR 2.2 billion

    Representing Tank & Rast (sponsored by Terra Firma and Deutsche Bank) in a dispute concerning a EUR 2.2 billion leveraged finance facility before the Commercial Court. The dispute was settled shortly before trial.


    Cross-border premises valuation dispute

    Acting for a logistics operator in Hungary under English Law regarding a dispute over the valuation of warehousing premises in Budapest


    Terminating a long term maintenance contract

    Acting for Romanian flag carrier airline (TAROM) defending proceedings brought by Jet 2 in the English Commercial Court for a multi million pound claim for termination of a long-term heavy maintenance contract. Issues include alleged anticipatory breach, wrongful repudiation, and complex...


    International Arbitration claim over Russian coal contract

    Acting on a USD 30 million LCIA claim relating to a contract for Russian coal. Advising on the effect of various shipping documents and on quality, quantity and contamination issues, including oversized and frozen cargo. Index pricing and SCoTA terms considered. Case settled on favourable...

    Russian Federation