Philippe Kuhn

Commercial disputes

Philippe’s commercial practice covers a wide range of areas, principally civil fraud and asset recovery, banking and financial services, cryptocurrency and digital assets, offshore trusts, shareholder, company and insolvency disputes.

He is ranked as a Leading Junior in Commercial Chancery by Chambers & Partners and Banking & Finance by Legal 500.

Philippe’s experience spans complex litigation in England and offshore jurisdictions (including the BVI, Gibraltar and Jersey) and international arbitration under major institutional rules and ad hoc arbitrations.

He has particular experience in:

• complex cross-border civil fraud proceedings involving economic tort claims (fraudulent misrepresentation, unlawful means conspiracy, unlawful interference) and specialist insolvency legislation (including s423 of the Insolvency Act 1986);
• related jurisdictional, insolvency and interim applications, principally freezing injunction, proprietary injunction and contempt of court applications;
• cryptocurrency and digital assets disputes, including in relation to digital token issuance, crypto-denominated lending and exchange insolvency;
• ICC, LCIA, SCC and HKIAC arbitration and enforcement proceedings, both in commercial and investor-State arbitrations (including issues of State immunity);
• registration and enforcement of foreign judgments in England, the BVI and Gibraltar;
• banking guarantee and indemnity enforcement claims;
• banking fraud claims;
• financial spread betting / contracts for difference (CFD) claims;
• wealth management / private banking claims;
• shareholder claims involving unfair prejudice petitions and removal of company directors, including in relation to Tech start-up companies;
• offshore trusts claims, including removal of trustees and trustee indemnification.

Cases of note:

• Stati & Ors v Republic of Kazakhstan & related proceedings (US$500m) – Acting as junior counsel in cross-border proceedings concerning the enforcement of a US$500m SCC arbitration award in the oil and gas sector in multiple jurisdictions (including the United States, Netherlands, Belgium, Luxembourg and Sweden). Philippe’s involvement included acting as counsel in:
  (1) related offshore civil fraud proceedings in the Supreme Court of Gibraltar (7-day jurisdiction, abuse of process and strike-out hearing in May 2022: reported decision 2023/GSC/003; and appeal to the Court of Appeal for Gibraltar);
  (2)  foreign judgment registration proceedings in the Court of Appeal for Gibraltar and Privy Council (reported decision 2022/GCA/07; and Privy Council appeal hearing in October 2023); and
  (3)  foreign judgment registration proceedings in the BVI Commercial Court (2-day hearing in March 2024).
• Investohills Vesta v Petergrow Ltd & Ors (Ch D, €230m) – Acting as junior counsel in €230m civil fraud claim in the Chancery Division arising out of multiple banking facility agreements. Obtained a €110m worldwide freezing injunction against 28 respondents in Ukraine, Cyprus, Poland, Moldova and England. Successfully settled. Reported decision: [2021] EWHC 124 (Ch).
• Ready Makers Inc v Macedo & Ors (US$100m) – Acting as junior counsel in a claim concerning the ownership of a token issuer in respect of crypto tokens valued at US$100 million, including discharge of trust preservation and worldwide freezing order before the Supreme Court of Gibraltar and the Court of Appeal for Gibraltar. Reported decisions: 2025/GSC/017 and 2025/GCA/008.
• Robert Tchenguiz v Alvar Financial Services Limited & Entain (£25m) – Acting as junior counsel in a £25m financial spread betting dispute in the Supreme Court of Gibraltar (led by Stuart Isaacs KC and Terence Mowschenson KC respectively). Appeared in multiple heavy applications for specific disclosure, amendment of statements of case and security for costs. Successfully settled shortly before 2-week trial. Reported decision: [2023] Gib LR 670.
• Banking arbitration (£20m) – Acting as junior counsel in a £20m London-seated ad hoc arbitration in the wealth management / private banking sector (led by Terence Mowschenson KC). Successfully settled.
• LCIA arbitration (US$4m) – Acting as sole counsel for the successful claimant in an LCIA arbitration in the oil & gas sector.
• Singapore banking guarantee dispute (Ch D, US$10m) – Acting as junior counsel in a US$10m cross-border banking guarantee dispute in the Chancery Division against Credit Suisse. Successfully settled shortly before 2-week trial.
• Russian banking guarantee dispute (Comm Ct, US$6m) – Acting as junior counsel in a US$6m banking guarantee enforcement dispute in the Commercial Court against a Russian state-owned bank.
• Property finance fraud claim (Ch D, £4m) – Acting as junior counsel in a complex £4m property finance civil fraud claim in the Chancery Division involving s423 of the Insolvency Act 1986, common law conspiracy and fraudulent misrepresentation claims. Successfully settled.
• Loan assignment expert opinion – Acting as an English law expert in relation to the validity of a loan assignment in foreign insolvency proceedings.
• Contempt of court proceedings (Ch D, US$4m) – Advising as sole counsel in the Chancery Division on discharge of custodial sentences for contempt of court as part of a long-running cross-border commercial contract dispute.
• Award challenge under s.67/s.68 of Arbitration Act 1996 (Comm Ct) – Acting as sole counsel in a challenge to an LCIA award arising out of a Middle Eastern arbitration under s.67 (jurisdiction) and s.68 (procedural irregularity) of the Arbitration Act 1996.
• Arbitration enforcement proceedings (Comm Ct, US$100m) – Assisting as junior counsel in potential Commercial Court enforcement proceedings concerning multiple LCIA awards valued at over US$100m.
• Arbitration enforcement proceedings (Comm Ct, US$2.5m) – Assisting in contested arbitration enforcement proceedings in the Commercial Court concerning ICC awards in a Swiss-seated arbitration between Chinese and German parties.
• Quincecare duty banking claim – Advising as sole counsel in potential proceedings under the Quincecare duty against a UK bank arising out of a sophisticated fraud.
• Unfair prejudice and director removal proceedings – Regularly acting for and advising shareholders and directors as sole counsel in relation to unfair prejudice petitions under s.994 of the Companies Act 2006 and director removal disputes under s.168 of the Companies Act 2006, including in relation to tech start-up companies.

Download Commercial disputes CV