Stuart
has mediated the following international disputes:
• Contractual claims and counterclaims under multi-territory international jewellery distribution agreement.
• Claims and cross-claims regarding territorial rights and termination in respect of an agreement for the distribution of engineering technology in the energy industry.
• Dispute between US investors and Uruguayan company over ownership of valuable domain name, involving issues of Uruguayan insolvency law and international domain name rules and regulators.
• Claim by Russian investors against UK property developers for fraud and against Russian and off-shore fellow investors/promoters for conspiracy.
• Claim for breaches of confidentiality in relation to poaching of senior employees between parties to an international domain name registrar and support contract.
• Claims and counterclaims in respect of a joint venture agreement relating to the supply of systems to the offshore wind energy industry.
• Claims by Danish pension fund investors against Spanish contractor and guarantor for non- and late completion of four solar EPC projects, including claims for liquidated damages, direct construction costs and for reduced tariffs and ROCs.
• Dispute between former co-investors regarding the duties of an investor regarding competition in the international payment services market.
• US$5m claim by group of investors against guarantor of a failed international mobile payments technology company.
• Dispute between Belgian growers and UK distributor of potato crops as to quality and grading of product.
• Claims between Russian and Chinese interests in the ownership and operation of digital advertising sites on UK motorways.
• Claim under UNCITRAL arbitration between Chinese manufacturer and Brazilian distributor of construction machinery in respect of sales commissions.
• Mediation of jurisdiction, insurance, costs and local ADR-process issues in respect of claims in New Zealand, South Africa, the Netherlands, France, India, Isle of Man, Spain, Belgium, Botswana, Poland, the Seychelles, Zambia and Mauritius following worldwide product recall of certain orthopaedic medical devices.
• Dispute (mediated in Istanbul) between Iranian purchasers of a Russian cargo of oil and two parties, Turkish and Turkmeni, in the supply chain between the supplier and purchaser, involving lawyers from Geneva, Tehran, Dubai, Istanbul and Moscow.
• Claim by Swiss medical devices manufacturer against supplier of precision alloy castings under contract, regarding tolerances in materials, involving international regulatory issues and issues of Swiss law and product liability.
• Dispute between a UK bank and a US technology company arising out of termination of a contract to provide security technology services to a worldwide card payment system.
• Dispute between Chinese introducers and UK drinks distributor regarding commissions flowing from a distribution agreement with a Chinese state brewery.
• Dispute between family shareholders regarding ownership of various properties in Bangladesh.
• Mediation conducted via Skype between parties in Wales and New Zealand regarding a sensitive and high-profile government environmental contract.
• Mediation in Jersey of an insurance claim in respect of a substantial residential property destroyed by fire.
• Dispute in respect of a contract to evaluate the effectiveness of international aid in India.
• Claims for property damage and business interruption by commercial end-user against dealer, distributor and Italian manufacturer of trucks following series of engine fires and worldwide product recall notices.
• Dispute in respect of a final account in relation to a residential building contract in Tuscany.
• Dispute between German insurer and UK insured for business interruption and property damage following suspicious fire.
• Multiple
professional negligence claims between UK bank and Irish
insurer.
• Commercial
agency dispute between US supplier and UK agent of plumbing
and bathroom products.
• International
supply contract between Italian manufacturer and UK
distributor, including jurisdictional issues.
• Dispute
between members of the Iranian community in relation
to various business interests and the terms of settlement
of prior disputes.
Stuart has experience of litigating
and advising on disputes involving international and
non-UK-based companies and institutions, as well as
jurisdictional disputes. Examples include:
• Proceedings at
the request of the Spanish court against UK medical
devices company to produce evidence.
• Dispute
between grower and competing purchasers over contract
price of beans grown in Ivory Coast.
• ICC
arbitration in Paris and The Hague between defence systems
supplier and Iranian Government over arms contract.
• Provision
of English legal opinion on material breach and repudiation
in proceedings in Munich by German bank against UK software
provider.
• Claim
against UK revenue-collection company on termination
of collection agreement with US encyclopaedia supplier.
• Dispute
between multi-national chemical distributor and US manufacturer
over European termination rights.
• Claim
against Serbian copper-supplier in dispute over pricing
agreement following volatility in market prices.
• Forfeiture proceedings by French oil company in respect
of petrol stations owned by UK distributor in dispute.
• Belgian
arbitration in respect of SPA warranty claim between
UK printing group and listed company following acquisition
of European division of printing businesses.
• Dispute
between UK listed multi-national supplier and German
listed multi-national telecoms company following termination
of a major mobile telecoms portal project.
• Claim
by UK engineering toolmaker against US supplier arising
from functionality issues with CAD-CAM software.
• Multi-jurisdictional
dispute between set-top box manufacturers and patent
owners in respect of MPEG technology.
• Claim
by NHS Trust for delay and defective software against
US-owned supplier of hospital management software.
• Dispute
between multi-national chemical distributor and Dutch
ERP supplier following delayed implementation and functionality
issues.
• Claims
brought by Spanish distributor in respect of defective
products against designer and manufacturer of vehicle-tracking
devices and related systems.
• Multi-jurisdictional
dispute between set-top box manufacturer and Dutch distributor
over product quality issues and contract terms.
• Claims
in the UK under Cayman Island tracing proceedings against
multiple defendants.
• Claims under guarantees by former Spanish subsidiary
against UK listed parent company.
• Claims
under guarantees by third party Spanish finance company
and Spanish bank against UK listed parent company.
• Advising
Dutch company on validity and enforceability of claims
against Dutch guarantor under Korean loan notes and
English law guarantee.
• Claims
by German company under UK guaranteed futures.
• Proceedings
against Jersey trustee company in guaranteed claims
by beneficiaries
• Advising
on potential claims against sub-prime lender on sale
of European loan book.
• Claims
by US companies under guarantees against individual
defendants.
• Dispute
between UK bank and joint venture counter-party arising
from property development in Portugal.
• Application
to set aside statutory demand by creditor against Spanish
bank.
• Dispute
between sub-ocean pipeline engineering company and Asian
customer arising out of specification and performance
of pipeline “pigs”.
• Claim
by Dutch customer against US-owned manufacturer of plastic
bearings in respect of performance and specification
of bearings used in manufacturing process.
• Dispute
between engineering contractor and Iranian customer
over contract terms and the specification and performance
of drilling equipment.
• Dispute
between multi-national supplier and French customer
over specification and performance of electrical components.
• Claim
by distributor against Italian manufacturer over specification
and performance of furniture.
• Arbitration
proceedings between multi-national engineering group
and Greek company over specification and performance
of liquid gas equipment to project in the middle-east.
• Claim
by Finnish manufacturer and supplier of pressure vessels
against sub-contractor over specification and performance
of high pressure system.
• Dispute
between Dutch supplier and main contractor over specification
and performance of filtration membranes.
• Claim
against distributor by Indian manufacturer of chemical
products over product specification.
• Claims
brought by Spanish distributor against designer and
manufacturer of vehicle-tracking devices and related
systems.
• Dispute
between UK textile manufacturer and Turkish supplier
of yarn over specification and technical performance
issues.
• Arbitration
proceedings between Swiss reinsurance company and Indonesian
counterparty over terms of retrocession treaty.
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