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Dispute Resolution-2011

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Firm
Award level
Innovation
Originality
Rationale
Impact
Total
Description
Simmons & SimmonsStand-outWorldwide receivership orders in Masri litigation87823To combat debtors determined to avoid payment, a strategy was devised to enforce English court judgments on companies whose registered directors and assets were in Lebanon. The receivership orders obtained set a precedent for cross-border disputes.
Berwin Leighton PaisnerStand-outThe first test case on what constitutes balance-sheet insolvency77822Defended a special-purpose vehicle, Eurosail, against noteholder claims that it was insolvent following the collapse of Lehman Brothers. The judgment will have far-reaching implications for the structured-finance market.
Peters & PetersStand-outDefence of British Airways executives in a criminal cartel case78722A strategy to negotiate with the UK Office of Fair Trading and the US Department of Justice ensured clients faced prosecution in the UK. Both clients were acquitted before a jury and, as a result, could not be extradited to face the same charges in the U
Allen & OveryStand-outProtecting clients from Belize’s anti-arbitration legislation78621To overcome measures taken by the government of Belize to prevent investors enforcing contractual rights, lawyers developed a series of successful strategies in the English and Belizean courts. Set a pro-arbitration precedent in Belize.
Slaughter and MayStand-outLeading the litigation strategy for the sale of Liverpool Football Club58821As advisers to LFC, lawyers co-ordinated a response when the club’s owners adopted an unusual tactic to try to scupper the sale. Obtaining three injunctions within a nine-day deadline, the lawyers’ judgment and quick decisions were crucial to the successf
Uría MenéndezStand-outOpening the path for accelerated liquidations in Spain67821Representing a creditor to an insolvent hotel, Uría developed a proposal that expedited proceedings to allow the sale of the hotel to a potential investor. A court decision based on the firm’s analysis will provide a future option for Spanish companies in
LinklatersHighly CommendedDispute over £1.bn ($1.6bn) of Lehman Brothers securities traded through “Rascals” loan trading system58720Helped to simplify complex securities matters and steer the case through to a rapid judgment. The case was unusual for its complexity and number of respondents.
OlswangHighly CommendedChanging the treatment of rent in administrations67720Representing a landlord client, lawyers argued that administrators of an insolvent company have a mandatory obligation to pay rent on a property that continues to be used, resulting in a change in the law.
De Brauw Blackstone WestbroekHighly CommendedFirst restructuring of a Dutch company through US Chapter 11 bankruptcy67619In the face of opposition by the majority shareholder, lawyers advised on an approach that allowed the management of Almatis to file for Chapter 11.
Latham & WatkinsHighly CommendedReversal of European Commission policy in Arcelor Mittal cartel investigation57719A multi-strand strategy convinced the commission it had made a mistake in how it had increased cartel sanctions where other companies had failed.
Skadden, Arps, Slate, Meagher & FlomHighly CommendedPre-tribunal injunction to protect Alfa-Access-Renova’s joint venture arrangement with BP58619Obtained an unusual pre-tribunal injunction from the English courts to freeze BP’s Arctic Circle oil exploration deal with Rosneft within two weeks of its announcement.
Baker & McKenzieHighly CommendedUNHCR intervention to protect the refugee status of gay, lesbian and bisexual asylum-seekers56718Overturning UK government decision to return asylum-seekers to countries where they would face persecution because of their sexuality. The pivotal formulation that “people should be free to live openly as who they are” is now applied to political and reli
Lawrence GrahamHighly CommendedDispute with Lehman Brothers to uphold collateralised debt obligations / swap priorities66618Represented a group of noteholders who argued that the clauses triggered by Lehman’s bankruptcy to flip payment priorities should be upheld. A Supreme Court ruling in their favour sets up a conflict between UK and US insolvency regimes.
Wragge & CoHighly CommendedStandstill agreement for a €22bn ($32bn) contract between Occar and Airbus56718A contractual tool adapted to be used for the first time in the defence sector. The agreement allowed Occar time to renegotiate a deal at risk of collapse without losing its rights to terminate.
Bird & BirdCommendedNew approach to working with the competition commission56617Involving the commission before the notification was given led to a successful outcome for client Trend Micro. It will contribute to how competition issues are handled in the information technology sector.
Cuatrecasas, Gonçalves PereiraCommendedGuarantee to suspend payment of a tax debt66517Used the client’s credit balance with its main customer, the Spanish government, to guarantee a €20m tax debt with regional authorities. The first time the tax administration has accepted this kind of security.
Hogan LovellsCommendedChallenge to the UK Competition Appeal Tribunal’s jurisdiction to hear a follow-on claim56617Following a European Commission cartel decision, claimants sought damages from a subsidiary, Mersen UK. Hogan Lovells led a successful challenge that has implications for defining the tribunal’s jurisdiction.
Jones DayCommendedSibir Energy litigation to recover part of $400m misappropriated by former directors56617After the client company was stripped of its entire cash reserve, lawyers helped plan rapid recoveries and developed a fast and aggressive litigation strategy to ensure its survival.
Latham & WatkinsCommendedArgument to eliminate weak challenges to arbitration awards56617Successfully argued that a challenge to an arbitration decision “did not disclose a case with a realistic prospect of success”, avoiding a long and expensive rehearing and setting a path for future cases.
LinklatersCommendedRelease of assets seized by the French public prosecutor’s office56617Expedited the hearing for a French industrial group client in a criminal investigation, and secured an overruling of the decision to seize company assets in the face of intense government interest.
Paul HastingsCommendedDefeated a $400m claim in TSI shareholder dispute56617The defeat rested on a successful challenge of special treatment to allow claimant to secure a complex litigation funding package. Case has broader implications for litigation funding.
Hergüner Bilgen OzekeCommendedRepresenting Amsterdam municipality in debt recovery lawsuits in Turkey55616To bring claims under Dutch law in Turkey, lawyers proposed new approaches to levy a seizure, and worked to interpret the foreign law for courts in Anatolia. Sets a precedent in the absence of a treaty.
Vieira de Almeida & AssociadosCommendedRecovery of Portuguese Qimonda55616Lawyers advised on the successful recovery of the technology company when it went into insolvency, saving hundreds of jobs.
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