Our cases

Antitrust/Competition

Unique in the New Zealand market, partner Kim Francis was a former prosecutor on for New Zealand’s competition authority. We have significant experience in competition litigation, including:

• Air cargo: Representing the Commerce Commission in proceedings alleging price fixing in the air cargo market.

• Visa & Mastercard interchange fees: Represented Visa New Zealand in anti-trust proceedings brought by the New Zealand Commerce Commission.

• Infrastructure: Advising industry participants on competition issues arising in relation to a significant infrastructure asset.

• Advising New Zealand and international corporates on competition/anti-trust issues.

Arbitration (Domestic & International)

We offer a market leading arbitration practice, with lawyers who have substantial experience as counsel in arbitrations across the breadth of national and global industry and under all leading arbitration rules. With an “outstanding reputation,” we are recognised for our “vast experience in international commercial and investment arbitration.”

• Pacific Island State Owned Entity: Representing a state owned entity of a pacific island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure (AMINZ Rules).

• Microsoft v Samsung: Representing Microsoft in a multi-billion US$ ICC arbitration against Samsung, concerning patent licenses and business collaboration disputes (ICC Rules).

• Multi-Jurisdictional Syndicated Loan Dispute: Representing the borrowers and guarantors in 14 related LCIA arbitrations and satellite litigation in Singapore, Switzerland and the Hague seeking recovery under US$1 billion of syndicated loan facilities (LCIA Rules).

• Infrastructure – Port Concession: Representing an Emirati Government in a multi-hundred million US$ infrastructure dispute under the ICC Rules relating to the development and operation of a significant national port (ICC Rules).

• LCIA Emergency Arbitration: Successfully obtaining emergency injunctive relief in one of the first “Emergency Arbitrations” under the ICC’s 2012 Emergency Arbitrator Rules (ICC Rules).

• Post-M&A “Locked Box” Account Dispute: Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition “locked box” account dispute relating to the acquisition of natural gas assets in Turkey (ICC Rules).

• Abyei Arbitration: Representing the Sudan People’s Liberation Movement/Army (SPLM/A) in its widely publicised arbitration at the Permanent Court of Arbitration against the Government of Sudan, concerning the disputed oil-rich Abyei region in Sudan (recognised by industry peers as the 2009 arbitration award of the year) (PCA Rules).

• International Construction Dispute: Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a US$30 million dispute regarding the construction of an electricity transmission line (FIDIC, UNCITRAL Rules).

• International energy dispute: Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake (UNCITRAL Rules). 

• Hedge Fund Distressed Investment: Representing a New York-based hedge fund in LCIA arbitration proceedings concerning a complex shareholder and company constitutional dispute arising out of a multi-hundred million dollar distressed asset investment (LCIA Rules).

• Ground-Breaking Investment Arbitrations at ICSID: Representing the Republic of Ecuador in several multi-billion US$ investment treaty arbitration claims brought by foreign investors in the energy sector under the auspices of ICSID, including a ground-breaking successful counterclaim by Ecuador for environmental damage (ICSID).

• Complex Joint Venture, Financing and Distressed Sale: Representing Russian interests in parallel US$2 billion dollar LCIA arbitration claims in London and related litigation proceedings in Cyrpus, concerning a substantial and highly complex joint venture dispute arising out of the financing and distressed sale of a high profile Moscow real estate development (LCIA Rules).

• Emerging Markets Telco: Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million US$, concerning a complex post-acquisition dispute over emerging market telecommunications assets (LCIA Rules).

• Multi-Billion Euro Telco Battle: Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets (ICC Rules).

• Telco Post-Acquisition Warranty Claims: US$1 billion ICC arbitration concerning a warranty claim arising under a US$5.5 billion deal for the acquisition of a telecommunications group (ICC Rules).

• Telco Shareholder Arbitration: Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court (LCIA Rules).

• ICSID Greek Bondholder Arbitration: Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange (ICSID). 

• ISDA Currency Swap Termination and Mis-selling Dispute: Representing a party to an LCIA arbitration claim in excess of US$100m arising out of an ISDA Master Agreement currency swap and alleged early termination of that transaction (LCIA Rules).

• Shareholder Put & Call: Representing Russian shareholders in a Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares in a substantial Moscow property development company, with counterclaims in excess of US$400m for breach of shareholder and project management obligations (SCC Rules).

• Global Forex Company Shareholder Dispute: Representing a global forex and derivatives trading house in parallel multi-billion US$ LCIA arbitrations in London, and multiple related court litigation proceedings, concerning a shareholder dispute arising out of a global trading joint venture (LCIA Rules).

• Investment Arbitration – Banking & Financial Services: Representing an Eastern European State in a multi-hundred million US$ investment treaty arbitration concerning that country’s banking sector brought under the auspices of ICSID.

• Film Production Rights Dispute: Acted for claimant syndicate of investors in a several hundred million US$ ICC arbitration  arising out of an international film production dispute (ICC Rules).

• Stay of Litigation Proceedings: Acting in a US$180 million fraud claim in the London Commercial Court, including an application for a stay under the Arbitration Act 1996 on the basis of an arbitration clause.

• Stay of Litigation Proceedings: Successfully obtaining a stay of proceedings commenced in New Zealand in breach of an arbitration clause.  The judgment is the leading case on the test to be applied in these circumstances (Ursem v Chung [2014] NZAR 1123).

• Enforcement of Arbitration Award: Acting for a British Virgin Islands company in court proceedings to oppose the recognition and enforcement of a US$750 million ICC arbitration award.

Banking, Financial Services & Insurance

From debt recovery, ISDA currency swaps to regulatory enforcement, our lawyers have assisted banks, financial institutions, counterparties and borrowers on a wide range of issues arising in the banking, finance and insurance sectors:

• Shareholder class actions: Representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

• FMA continuous disclosure proceedings: Representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

• Director duties litigation: Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

• Fuji Xerox accounting litigation: Representing Fuji Xerox NZ in claims against three former senior executives concerning significant accounting irregularities.  The case is also listed by NBR as one of the “top five cases to watch” of 2018.

• ISDA currency swap: Representing the counterparty in an LCIA arbitration claim in excess of US$100m brought by an international bank arising out of an ISDA Master Agreement currency swap and purported early termination of that transaction. The claim gave rise to complex cross-default and mis-selling issues.

• Internal syndicated loans: Representing a major international metals and mining company and related interests as borrowers and guarantors in a series of 16 LCIA arbitration claims seeking recovery under two US$500m internationally syndicated facility agreements. The team led by Tim successfully defended a parallel court application for an urgent world-wide freezing order against the mining company’s international bank accounts.

• Investment treaty claim in relation to banking interests: Representing an Eastern European State in an investment treaty dispute brought by a foreign investor seeking damages of $150m in relation to the investor’s banking interests in that country, brought under the auspices of ICSID.

• Global forex and derivatives trading companies: Representing a global forex and derivatives trading house in multi-billion-dollar LCIA arbitration proceedings, and related court litigation proceedings, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East. A series of ‘follow-on’ proceedings were brought by investors in relation to the company’s management of their funds.

• Bank fees class action: Assisting as a junior team member in the representation of a major bank in defending class action proceedings brought by customers over the charging of certain account and credit card fees.

• Commerce Commission interest rate swaps investigation: Assisting as a junior team member in representing a major New Zealand bank in response to an investigation by the Commerce Commission under the Fair Trading Act 1986 into the sale of interest rate swaps.

• Price fixing – credit card markets: Assisting as a junior team member in representing an international credit-card company in price fixing proceedings brought by the New Zealand Commerce Commission in relation to the setting of interchange fees.

• Investment banking mandates and ‘success fee’ disputes: Acting for both investment banks and clients in a number of arbitration and litigation proceedings, and disputes generally, relating to the payment of ‘success fees’ under investment banking mandates.

• Contributory mortgages: Acted for the successful plaintiff in contract dispute arising out of New Zealand’s largest contributory mortgage, which also raised secret commissions and securities issues.

• Debt recovery: Various proceedings against borrowers and guarantors arising from loan agreements.

• Consumer finance company: Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

• ISDA: Head of practice Timothy Lindsay is a past member of the ISDA Arbitration Committee (see a copy of the ISDA Arbitration Guide here) and has spoken on the use of arbitration in the banking and finance sector at ISDA and other industry conferences.

• ICC Task Force on Financial Institutions and Arbitration: Timothy Lindsay was also a member of the ICC Task Force on Financial Institutions and Arbitration (see a copy of the ICC’s Report here).

Contract Disputes

We are routinely instructed in breach of contract cases, from contracts for the supply of goods and services to shareholder and long-term concession agreements, across all industries.  See examples under other headings.  

Corporate, M&A and Securities Litigation

Our lawyers regularly act for companies and shareholders in corporate and shareholder rights disputes and those arising from acquisitions and disposals:

• Shareholder class actions: Representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

• FMA continuous disclosure proceedings: Representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

• Director duties litigation: Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

• Liquidation of Property Ventures: Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation).  The case was settled shortly before a 12-week trial, and was listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018.

• Fuji Xerox accounting litigation: Representing Fuji Xerox NZ in claims against three former senior executives concerning significant accounting irregularities.  The case is also listed by NBR as one of the “top five cases to watch” of 2018.

• Pharma joint venture litigation: Representing a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

• Control rights dispute: Representing a New York-based hedge fund in LCIA arbitration proceedings arising out of a high-profile and high-value distressed asset investment in Russia. The shareholder dispute arose from changes to the company’s constitution and subsequent exercise of shareholder voting and control rights in advance of a potentially significant value event.

• Scheme of arrangement: Acting for a minority shareholder in the first opposition to a takeover by way of scheme of arrangement, in re Metlifecare Limited.

• Scheme of arrangement: Litigation counsel for the acquirer in the recent and novel Radius Properties takeover by way of Scheme of Arrangement.

• Breach of shareholder and financing obligations: Representing Russian interests in parallel US$2 billion-dollar LCIA arbitration claims in London and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

• Post-acquisition earn-out dispute: Defending a leading international cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations, post-completion breaches of warranty and loss of chance claims to “if any” vendor earn out payments.

• Breach of shareholder and joint venture obligations: Representing a global forex and derivatives trading house in a multi-billion-dollar LCIA arbitration proceedings, and multiple related court litigation proceedings in the High Court, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East.

• Put option exercise, breach of shareholder and project obligations: Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development company, including claims of breach of shareholder and project management obligations. Our lawyers have acted in numerous disputes and situations relating to put and call options and have successfully defended numerous attempted invalid exercises of such rights.

• Shareholder fraud: Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

• Post-acquisition ‘locked box’ accounts dispute: Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition ‘locked box’ accounting dispute.

• Minority shareholder buy-out rights: Representing the company in arbitration proceedings brought by minority shareholders following the triggering of buy-out rights.

• Bondholder rights: Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange.

Energy & Natural Resources

Our lawyers have significant technical expertise in disputes arising from long-term natural resources concessions and acting for clients in the energy and natural resources sectors generally:

• Oil explorer insolvency: Member of the ad hoc creditors’ committee in the liquidation of Tamarind Taranaki Limited, which owes creditors $400m.

• Oil concession: Whilst a partner with the firm Timothy Lindsay was part of the Dechert team representing the Republic of Ecuador in the multi-billion-dollar Perenco v Ecuador investment treaty arbitration at ICSID, concerning alleged breaches of the France-Ecuador BIT arising out of a long-term production sharing agreement for the exploration and production of oil in Ecuador. As well as FET and expropriation claims, the dispute raised complex oil contract economics, production forecasting and damages issues. Tim Lindsay also acted for Ecuador in the parallel Burlington v Ecuador investment treaty arbitration arising from the same investment.

• Oil field pollution and breach of operator equipment and infrastructure obligations: Representing Ecuador in counterclaims against Perenco and Burlington for remediation of oil field pollution and breach of production facility infrastructure maintenance obligations. Both issues raised complex technical issues relating to oil field operations. In both cases Tim Lindsay was responsible for the cross-examinations, among others, of the oil companies’ geostatistics experts on the extent of oil field pollution and industry experts on compliance with infrastructure maintenance obligations.

• Metals and Mining: Lead counsel for one of the world’s largest metals and mining companies in a series of over twenty arbitrations, litigations and injunction proceedings brought by a major international bank in London, Switzerland, The Hague and Singapore in relation to the financing of its operations. Those proceedings included 16 LCIA arbitrations seeking recovery under US$1 billion of internationally syndicated facility agreements and a complex LCIA arbitration claim of over US$100m arising out of an ISDA Master Agreement currency swap that gave rise to mis-selling and other issues arising from the purported termination of the swap.

• Post-acquisition ‘locked box’ accounts dispute: Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition ‘locked box’ accounting dispute.

• Construction of electricity transmission line: Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a USD 30 million dispute regarding the construction of an electricity transmission line.

• International energy dispute: Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake (UNCITRAL Rules).

• Methane extraction dispute: Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake.

• AIPN: Head of practice Timothy Lindsay is a past member of the AIPN Dispute Resolution Committee.

Infrastructure & Real Estate

Our lawyers have acted in a number of significant disputes arising out of infrastructure and real estate projects:

• Retail shopping development: Successfully acted for shopping centre developer in judicial review proceedings relating to the grant of resource consent for significant retail shopping centre development.

• Port concession: Successfully defending a Middle Eastern government in a multi-hundred-million-dollar infrastructure dispute under the ICC Arbitration Rules relating to the development of a deep-sea port and related onshore infrastructure.

• Construction of electricity transmission line: Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a USD 30 million dispute regarding the construction of an electricity transmission line.

• Large residential real estate project: Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development project, including claims of breach of shareholder and project management obligations.

• Hotel project: Representing the defendants in parallel US$2 billion-dollar LCIA arbitration claims in London, and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

• Caveat proceedings: Representing an Asian investor in a large local property development in High Court proceedings alleging breach of contract and guarantee, and related caveat proceedings.

• Commercial lease disputes: Acting for commercial property investors and landlords in relation to various lease disputes, including plant, fixtures and fittings, health and safety, as well as rent and make-good disputes.

• International Construction Dispute: Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a US$30 million dispute regarding the construction of an electricity transmission line (FIDIC, UNCITRAL Rules).

Insolvency, Liquidation & Restructuring

Our lawyers regularly act in all forms of insolvency-related disputes.  These range from some of New Zealand’s most high-profile liquidator claims and priority disputes to voidable transactions and commercial debt collection.  This expertise is recognised in the market, and reflected in a contributing authorship in New Zealand’s leading insolvency text, Heath & Whale on Insolvency.  

Our team’s recent experience includes:

• CBL litigation: Representing four former independent directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties arising from the liquidation of a $750 million listed entity, as well as related proceedings involving shareholder class actions and regulatory proceedings.

• Walker v Forbes litigation: Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation). The case was settled shortly before a 12-week trial, and was listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018.

• Director duties litigation: Our team have successfully appeared in many claims for breach of director duties. We advise Fuji Xerox on a claim against former director and auditors concerning a a $350 million accounting restatement arising from inappropriate revenue recognition.

• Priority disputes: Successful appearances on mortgagee sales and priority issues in the Court of Appeal and Supreme Court. Listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018 and 2019.

• Voidable transactions and undervalue claims: Appearing in voidable transaction cases, including in the Court of Appeal and Supreme Court.

• Caveat hearings: Appearing in various proceedings regarding caveatable interests in land, including issues arising from mortgagee sales.

• Receiverships and voluntary administration: Appearing on applications for directions in relation to receiverships, liquidations and (for a regulator) voluntary administrations.

• Ponzi Scheme: Acting for the liquidators of a significant ‘ponzi’ scheme.

• Negligence of Liquidator: Acted for the plaintiffs in a negligence claim against German liquidator, involving private international law issues.

• Liquidation of Tamarind Taranaki Limited: Member of the ad hoc creditors’ committee in the liquidation of Tamarind Taranaki Limited, which owes creditors $400m.

Public International Law & International Investment Law

Our lawyers are experienced counsel and advisors in investment and public international law arbitration proceedings:

• Oil concession – investment treaty claim: Whilst a partner with the firm Timothy Lindsay was part of the Dechert team representing the Republic of Ecuador in the multi-billion-dollar Perenco v Ecuador investment treaty arbitration at ICSID, concerning alleged breaches of the France-Ecuador BIT arising out of a long-term production sharing agreement for the exploration and production of oil in Ecuador. As well as FET and expropriation claims, the dispute raised complex oil contract economics, production forecasting and damages issues. Tim Lindsay also acted for Ecuador in the parallel Burlington v Ecuador investment treaty arbitration arising from the same project.

• Investment treaty claim in relation to banking interests: Representing an Eastern European State in an investment treaty dispute brought by a foreign investor seeking damages of $150m in relation to the investor’s banking interests in that country, brought under the auspices of ICSID.

• Abyei arbitration: Representing the Sudan People’s Liberation Movement/Army (SPLM/A) in its widely publicised arbitration at the Permanent Court of Arbitration against the Government of Sudan, concerning the disputed oil-rich Abyei region in Sudan (recognised by industry peers as the 2009 arbitration award of the year).

• Advising investors: Advising investors and prospective investors (including hedge funds and distressed investors) in relation to potential investments in foreign companies/investments, including those subject to state measures and with contingent claims under investment treaties.

• ICSID Greek Bondholder Arbitration: Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange (ICSID).

Public Law & Judicial Review

We advise and represent parties in judicial review and public law proceedings.  Our team includes a former member of Crown Law and we are well versed in litigation involving public bodies.

Shareholder & Joint Venture Disputes

We are routinely engaged in shareholder and joint venture disputes and have been involved in some of the most significant cases in court and before arbitration tribunals:

• Pharma joint venture litigation: Representing a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

• Waste management project: Representing a leading national waste management company in proceedings alleging a joint venture and fiduciary duties in relation to the development and operation of a long-term organic waste processing facility.

• Microsoft v Samsung: Representing Microsoft in a multi-billion US$ ICC arbitration against Samsung, concerning patent licenses and business collaboration disputes (ICC Rules).

• Control rights dispute: Representing a New York-based hedge fund in LCIA arbitration proceedings arising out of a high-profile and high-value distressed asset investment in Russia. The shareholder dispute arose from changes to the company’s constitution and subsequent exercise of shareholder voting and control rights in advance of a potentially significant value event.

• Sub-sea internet cable consortium dispute: Representing a state owned entity of a pacific island nation in an international arbitration concerning interconnection rights to sub-sea internet cable infrastructure arising out of a long-term consortium agreement (AMINZ Rules).

• Infrastructure – Port Concession: Representing an Emirati Government in a multi-hundred million US$ infrastructure dispute under the ICC Rules relating to the development and operation of a significant national port (ICC Rules).

• Multi-Billion Euro Telco Battle: Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets (ICC Rules).

• Emerging Markets Telco: Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million US$, concerning a complex post-acquisition dispute over emerging market telecommunications assets (LCIA Rules).

• Telco Shareholder Arbitration: Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court (LCIA Rules).

• Global Forex Company Shareholder Dispute: Representing a global forex and derivatives trading house in parallel multi-billion US$ LCIA arbitrations in London, and multiple related court litigation proceedings, concerning a shareholder dispute arising out of a global trading joint venture (LCIA Rules).

• Breach of shareholder and financing obligations: Representing Russian interests in parallel US$2 billion-dollar LCIA arbitration claims in London and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

• Breach of shareholder and joint venture obligations: Representing a global forex and derivatives trading house in a multi-billion-dollar LCIA arbitration proceedings, and multiple related court litigation proceedings in the High Court, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East.

• Put option exercise, breach of shareholder and project obligations: Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development company, including claims of breach of shareholder and project management obligations. Our lawyers have acted in numerous disputes and situations relating to put and call options and have successfully defended numerous attempted invalid exercises of such rights.

• Technology Joint Venture Dispute: Acted for a technology joint venture (between various international airlines) in a dispute with a computer reservation software supplier.

• Shareholder fraud: Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

• Minority shareholder buy-out rights: Representing the company in arbitration proceedings brought by minority shareholders following the triggering of buy-out rights.

Shareholder & Joint Venture Disputes

We are routinely engaged in shareholder and joint venture disputes and have been involved in some of the most significant cases in court and before arbitration tribunals:

• Pharma joint venture litigation: Representing a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

• Waste management project: Representing a leading national waste management company in proceedings alleging a joint venture and fiduciary duties in relation to the development and operation of a long-term organic waste processing facility.

• Microsoft v Samsung: Representing Microsoft in a multi-billion US$ ICC arbitration against Samsung, concerning patent licenses and business collaboration disputes (ICC Rules).

• Control rights dispute: Representing a New York-based hedge fund in LCIA arbitration proceedings arising out of a high-profile and high-value distressed asset investment in Russia. The shareholder dispute arose from changes to the company’s constitution and subsequent exercise of shareholder voting and control rights in advance of a potentially significant value event.

• Sub-sea internet cable consortium dispute: Representing a state owned entity of a pacific island nation in an international arbitration concerning interconnection rights to sub-sea internet cable infrastructure arising out of a long-term consortium agreement (AMINZ Rules).

• Infrastructure – Port Concession: Representing an Emirati Government in a multi-hundred million US$ infrastructure dispute under the ICC Rules relating to the development and operation of a significant national port (ICC Rules).

• Multi-Billion Euro Telco Battle: Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets (ICC Rules).

• Emerging Markets Telco: Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million US$, concerning a complex post-acquisition dispute over emerging market telecommunications assets (LCIA Rules).

• Telco Shareholder Arbitration: Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court (LCIA Rules).

• Global Forex Company Shareholder Dispute: Representing a global forex and derivatives trading house in parallel multi-billion US$ LCIA arbitrations in London, and multiple related court litigation proceedings, concerning a shareholder dispute arising out of a global trading joint venture (LCIA Rules).

• Breach of shareholder and financing obligations: Representing Russian interests in parallel US$2 billion-dollar LCIA arbitration claims in London and related asset freezing and litigation proceedings in Cyrpus, concerning a substantial shareholder and financing dispute arising out of a major real estate and investment project on the Red Square in Moscow.

• Breach of shareholder and joint venture obligations: Representing a global forex and derivatives trading house in a multi-billion-dollar LCIA arbitration proceedings, and multiple related court litigation proceedings in the High Court, concerning a shareholder dispute arising out of a global forex and derivatives trading joint venture in Hong Kong, London and the Middle East.

• Put option exercise, breach of shareholder and project obligations: Representing the majority shareholders in a $400m Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares under a shareholder agreement relating to a substantial real estate development company, including claims of breach of shareholder and project management obligations. Our lawyers have acted in numerous disputes and situations relating to put and call options and have successfully defended numerous attempted invalid exercises of such rights.

• Technology Joint Venture Dispute: Acted for a technology joint venture (between various international airlines) in a dispute with a computer reservation software supplier.

• Shareholder fraud: Representing minority shareholders and directors in a $30m shareholder dispute concerning a consumer finance company, including allegations of breach of contract and fraud.

• Minority shareholder buy-out rights: Representing the company in arbitration proceedings brought by minority shareholders following the triggering of buy-out rights.

Telecommunications, Technology & IP

From patent and copyright litigation, to disputes over technology joint ventures and wholesale telecommunications services, our lawyers have acted for multinationals and start-ups:

• Sub-sea internet cable infrastructure - interconnection rights: Representing a state owned entity of a Pacific Island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure.

• Smartphones – patent licensing and technology development: Representing one of the world's leading technology companies in a high-value and high-profile ICC arbitration against another leading global technology company, concerning disputes arising from patent licenses and a significant business collaboration agreement in relation to smartphone development and technologies.

• Cloud computing: Defending a leading international cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations and post-completion breaches of warranty.

• Telco post-acquisition warranty claims: US$1 billion ICC arbitration concerning a warranty claim arising under a US$5.5 billion deal for the acquisition of a telecommunications group.

• Copyright litigation: Timothy Lindsay has previously served as the solicitor for New Zealand’s reprographic rights organisation, Copyright Licensing Limited, and has acted for parties in numerous copyright litigation cases. These including claims for CLL against infringing educational institutions, defending a leading multinational large format retailer in copyright litigation in relation to a menswear clothing item and acting for the rightsholders in the high-profile Eight Mile proceedings against the National Party in relation to its use of the Eminem song ‘Lose Yourself.’

• Wholesale telco services: Represented a leading telecommunications company in arbitral proceedings against competitor telco relating to the supply of wholesale telecommunications services.

• Acquisition of telco assets: Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million dollars, concerning a complex post-acquisition dispute over emerging market telecommunications assets

• Telco M&A dispute: Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets.

• Telco shareholder dispute: Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court.

• Airline ticketing and booking system: Acted for technology joint venture (between various international airlines) in litigation proceedings relating to a well-known airline computer reservation software system.

• Lithium battery technology company: Acted for plaintiff lithium battery technology company is a successful action against former CEO and director for breach of fiduciary duties, and associated parties for knowing receipt, arising out of various capital raising exercises.

• Point of sale technology: Acted for plaintiff POS technology company in negligence claim against German liquidator, involving complex cross-border insolvency and private international law issues.

White Collar & Regulatory Defence

Our lawyers have acted in a number of significant enforcement proceedings and investigations brought by regulatory authorities:

• Fair trading and consumer protection: Successfully defending Bunnings in a significant and high profile Commerce Commission criminal prosecution under the Fair Trading Act 1986, alleging false and misleading conduct in relation to Bunnings’ “lowest prices” advertising.

• Commerce Commission consumer credit law proceedings: Successfully representing the Commerce Commission in a test case concerning consumer credit fees in the High Court, Court of Appeal and Supreme Court (Sportzone Motorcycles v Commerce Commission [2016] 1 NZLR 1024).

• Regulatory Investigation - NZX Company: Acting for a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading

• Air cargo: Representing the Commerce Commission in proceedings alleging price fixing in the air cargo market.

• Insider trading: Assisting as a junior team member in representing defendants in insider trading proceedings brought by New Zealand’s securities regulator.

• Advisory: Advising New Zealand and international corporates on competition/anti-trust, consumer protection, securities and financial markets issues, including in response to regulatory investigations in respect of alleged price fixing, anti-competitive behaviour, breaches of the Fair Trading Act 1986, breaches of the Takeovers Code, and NZX’s continuous disclosure rules.

• Judicial review: Acting for New Zealand government departments and agencies in high profile judicial review proceedings before the High Court and Court of Appeal.