International Arbitration
Toby has particular interest and experience in international arbitration and international conflict of laws issues
- Business interruption insurance arbitration in relation to group action claim against insurers (led by Andrew Rigney KC)
- Acted on a $10 million LCIA arbitration in relation to a dredging contract between a Bahamian and American Company. English law and English seated arbitration. (led by Carlo Taczalski)
- Advice on potential international fraud claim arising out of misappropriation of funds from Dubai and BVI companies
- Advice on choice of law and jurisdiction in an international sale of goods contract
- Advice on the enforceability of an arbitration clause within a commercial construction contract
Selected Cases
International Disputes
Toby has significant experience in international disputes raising issues of jurisdiction, choice-of-law and enforcement of foreign judgments. For instance, he recently prepared advice on a potential international fraud claim arising out of misappropriation of funds from Dubai and BVI companies.
During pupillage he was involved in the following:
- Drafted a skeleton argument for a Cayman Islands appeal as to whether there was jurisdiction to grant Norwich Pharmacal relief in support of foreign proceedings
- Tugushev v Orlov: a £300 million fraud trial concerning the ownership of a substantial fisheries business. Supported on opposing an application for a s9 Arbitration Act stay; preparing documents for a disclosure review exercise of privileged correspondence going back over a 25-year period; providing advice on the nature of a Hunter v Moss trust arising out of extensive amendments to the pleaded case
- Drafted a summary judgment application in relation to a commercial guarantee issued by a Western African state and its central bank raising issues of state immunity and the construction of guarantees and on-demand performance bonds
- PJSC VTB Bank v Laptev [2020] EWHC 321 (Ch): Parallel bankruptcy proceedings where the proposed bankrupt was already subject to Russian insolvency proceedings, raising issues as to choice-of-law and jurisdiction
- Drafted initial advice and the Particulars of Claim in an international dispute arising out of the sale of a £125 million superyacht in Switzerland
- Prepared an advice on strike out and a list of issues on litigation in SIB v HSCB Bank relating to dishonesty and the Quincecare duty of care
- A claim relating to defective heart monitors relating to a Delaware company dissolved under the law of its incorporation
Selected Cases
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Qualifications
- City University, BPTC, 2019, Very Competent; Lincoln’s Inn Denning Scholar (2018)
- University of Bristol, LLB, 2015-2018, First Class
Memberships
- COMBAR
