Philippe Kuhn

Banking and financial services

Philippe has a substantial practice in banking and financial services litigation in the English High Court and offshore jurisdictions (including the BVI and Gibraltar) as well as in arbitration. He has been consistently ranked as a Leading Junior in Banking & Finance by Legal 500.

Relevant experience includes acting in:

• banking guarantee and indemnity enforcement claims;
• banking fraud claims (including freezing injunctions);
• claims in respect of secured and unsecured loans and related instruments;
• financial spread betting / contracts for difference (CFD) claims;
• wealth management / private banking claims.

Cases of note:

• 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).
• 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).
• 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.
• Loan assignment expert opinion – Acting as an English law expert in relation to the validity of a loan assignment in foreign insolvency proceedings.
• 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.

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International arbitration

Philippe has a busy international arbitration practice, principally as counsel.

Philippe has substantial experience in arbitrations under the ICC, LCIA, HKIAC, Abu Dhabi and SCC Rules as well as ad hoc arbitrations and cross-border enforcement proceedings.

His international arbitration practice spans multiple sectors from commercial disputes to heavy construction & energy arbitrations. His experience of contested award enforcement actions in the Commercial Court in London and in other jurisdictions, including the United States, the Netherlands, Belgium, Luxembourg and Sweden, is particularly notable. He acted as junior counsel in the long-running global enforcement proceedings in Stati & Ors v Republic of Kazakhstan from 2021-24.

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, the 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).
• Abu Dhabi infrastructure arbitration (US$1.5 billion) – Acting as junior counsel in a US$1.5 billion construction arbitration concerning termination, delay and consequential losses arising out a major infrastructure project in Abu Dhabi.
• 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).
• LCIA arbitration (US$4m) – Acting as sole counsel for the successful claimant in an LCIA arbitration in the oil & gas sector.
• ICC arbitration (US$65m) – Acting as junior counsel in a US$65m arbitration concerning prolongation, disruption and delay in a construction project in Kuwait.
• ICC arbitration (US$300m) – Acting as tribunal secretary to a three-member ICC Tribunal in a US$300m international commercial arbitration.
• Award challenge under s.67/s.68 of Arbitration Act 1996 (Comm Ct) – Acting as sole counsel in the Commercial Court 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.

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Trusts, probate and estates: contentious

Philippe has substantial experience of acting in and advising on contentious trusts disputes in offshore jurisdictions, in particular the BVI, Jersey and Guernsey, both at first instance and on appeal.

His cases are predominantly private and confidential in nature. Areas of expertise include:

• Trustee removal applications
• Trustee indemnification
• Assessment of trustee fees and expenses
• The role of protectors
• Trustee and protector incapacity
• The appointment and removal of beneficiaries
• A retired trustee’s lien over trust property

Published (non-confidential) judgments include multiple decisions in relation to trustee indemnification in the Royal Court of Jersey and the Jersey Court of Appeal in the matter of Geneva Trust Company (GTC) SA v Robert Tchenguiz.

[2025]JRC046 – decision on preliminary issue by Commissioner Birt

[2025]JRC197 – trial judgment by Commissioner Birt

[2026]JCA074 – appeal judgment (allowing Mr Tchenguiz’s appeal)

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