Practice overview

Stephen began his advocacy career in 2001 while still an international law firm partner. He appeared in the High Court and the Court of Appeal and in institutional and ad hoc arbitrations. When Stephen moved to the Bar in 2014, he also brought with him a wealth of commercial awareness, tactical experience and a track record of sound judgment. Since then, Stephen has developed a broad-based commercial disputes practice at the Bar, appearing in complex cases, almost always with an international dimension. He appears regularly in the Commercial Court and Chancery Division, and often in international arbitrations, usually as sole counsel. Stephen is ranked as a Leading Junior in The Legal 500 2024.

Stephen’s experience extends to all types of contractual dispute, including joint venture and warranty claims, across sectors including asset management, automotive, aviation, banking, chemicals, hospitality, oil and gas, pharmaceuticals, technology, and telecoms. Stephen regularly advises in relation to shareholders’ rights, directors’ duties, and other company law issues. He also advises in relation to professional negligence.

Stephen has been instructed in a number of complex, high-value fraud cases, many valued in excess of US$100 million.

Stephen has been instructed in numerous arbitrations both ad hoc and under the rules of various institutions including the AAA, ICC, LCIA and LMAA. Stephen sits as an arbitrator and is a Fellow of the Chartered Institute of Arbitrators and a member of the LCIA.

Stephen is a CEDR Accredited Mediator and has extensive experience of mediation having acted as mediator and appeared for clients in dozens of mediations.

Commercial disputes

Stephen has extensive experience of advising major corporates across the wide range of issues they experience operating in a global economy. These include contractual disputes arising out of complex transactional documents, fraud, shareholder and joint venture disputes, and warranty claims. Often these matters raise questions of jurisdiction and governing law and involve interim injunctive relief from the Courts.

Stephen has advised corporates operating in a number of sectors including asset management, automotive, aviation, chemicals, hospitality, oil and gas, pharmaceuticals, technology and telecoms.

Recent work

  • Advising senior employees of a bank in relation to claims for bonus and carry payments.
  • Advising a company executive in relation to claims against a bank arising out of an oral contract.
  • Advising a joint venturer on whether the joint venture could be terminated on reasonable notice in the absence of an express right of termination.
  • Advising the supplier of machinery on whether the communications between it and its customer amounted to an enforceable contract.
  • Defending a guarantor in relation to loans made to a high-end property development.

Significant work

  • Whitacre Management Limited v Sainsbury’s Supermarkets Ltd – a claim arising out of the alleged breach of a conditional contract to purchase land.
  • Panasonic v Core Communications and Others – representing the sellers of a company in the defence of warranty claims and claims for unpaid earn-out consideration.
  • Chilcott UK Limited & Another v Amit Patel and Another – acting for a seller in defence of claims for breach of competition and tax warranties and breach of fiduciary duties in excess of £250 million.
  • Sopra Steria Limited v Working Links Employment Limited – appearing for a provider of services to the government in proceedings against a software provider arising out of the failure of a project.
  • Thetis v MPTSOL – defending a national bus service franchisee against allegations of breach of an IT support contract.
  • Peak Hotels and Resorts Limited v Tarek Investments Limited and Others – appearing for a shareholder in a dispute concerning the Aman Group, a global luxury resort hotel chain, including bringing and resisting claims for injunctive relief and the compulsory acquisition of shares (led by Michael Brindle KC).
  • Procter & Gamble v Svenska Cellulosa Aktiebolaget SCA & Others – appearing for Procter & Gamble in the leading case concerning TUPE and occupational pension schemes (led by Christopher Nugee KC).
  • Procter & Gamble v Svenska Cellulosa Aktiebolaget SCA & Others – appearing for Procter & Gamble in the High Court and Court of Appeal claiming damages in a dispute concerning the exchange rate applicable under a supply contract (led by Christopher Nugee KC).
  • Powell and Others v General Electric Company – appearing for GE Oil & Gas in a dispute concerning the meaning of retention clauses in relation to warranty claims on the sale of a business (led by Timothy Dutton KC).
  • Hardy & Another v Griffiths & Another – appearing for the defendant in a dispute concerning the construction of the terms governing deposits payable on the purchase of a property.
  • Inquam Telecon (Holdings) ltd v Primus Telecommunications Ltd – appearing for the Defendant in the High Court and the Court of Appeal in relation to a telecoms contract dispute (led by Timothy Dutton KC)
  • Devenish Nutrition Ltd v Sanofi-Avantis & Others – appearing in the High Court and the Court of Appeal for BASF AG and BASF plc in damages claims arising out of the worldwide vitamins cartel (led by Mark Brealey KC).
  • Acting for Ineos in claims concerning the interpretation of long-term supply contracts.
  • Advising C&W in a £100 million outsourcing dispute concerning benchmarking.
  • Advising a bank in relation to fiduciary duties allegedly owed to high-net-worth customers claiming over US$120 million.

Private International Law

Stephen’s cases are usually international, that is to say, they may raise questions of jurisdiction, be subject to foreign law, and/or involve parties from third countries. As such, Stephen is conversant with private international law, has to consider expert evidence of foreign law and address questions of enforcement in England of foreign judgments and awards.

Recent work

  • Advising regarding the jurisdiction of the English court to hear claims arising out of the sale of a valuable artwork.
  • Public School Teachers’ Pension and Retirement Fund of Chicago and Los Angeles County Employees Retirement Association v Danie Marcus – Challenging the scope of the subjects for cross-examination as set out in an English Court Order made pursuant to a letter of request from the New York courts.
  • Park Plaza Hotels Europe BV & Anor v Micha Polak – successfully challenging the jurisdiction of the English Court and obtaining a costs order in Euros to avoid exchange rate losses to the Defendant in the Netherlands.
  • JF-K Company Limited v Volvo Truck Corporation – successfully challenging the enforcement of a Ghanaian Appeal Court judgment in England owing to ambiguity.
  • Advising an engineering company on the doctrine of res judicata as it applies in England to foreign judgments.
  • Advising a number of lenders on the enforceability of governing law and jurisdiction clauses in various suites of lending transaction documents.
  • Defending an application to challenge the jurisdiction of the English courts in relation to claims brought against insurers of a marine cargo.

Appellate work

  • Stephen has appeared in the Court of Appeal, the DIFC Court of Appeal and the Isle of Man Court of Appeal. He appears for both appellants and respondents.
  • Recent appeals have concerned the test for rectification of a contract, the proper basis for the award of costs and the interpretation of legislation regarding the rectification of the register of charges held by the Isle of Man companies registry.

Aviation

  • Acted in disputes arising out of aircraft engine leasing and emissions trading.
  • Advising a corporate client in relation to a dispute with NetJets.

Download Commercial disputes CV

  • Quote symbolStephen is a very measured barrister and is able to cut through the complexities of a matter.

    The Legal 500 2024

  • Quote symbolStephen Brown is a “tactically astute” practitioner who “has an unusual mix of a sharp legal brain, an easy client manner and a commercial approach to litigation strategy”.

    Who's Who Legal 2022

Commercial disputes insights & events View all thought leadership View all events

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    Events / Webinars

    Wilberforce Commercial Litigation Conference 2023

    Thursday 12th October 2023 | 12.30pm - 6pm, followed by drinks
    The Langham, London

    £130 + VAT | 4.0 CPD

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    Events / Webinars

    Civil Fraud Conference 2023

    Thursday 8th June 2023 | 12.15pm - 5.55pm followed by drinks & canapés
    The View at The Royal College of Surgeons, Lincoln's Inn Fields, WC2A 3PE

    £130 + VAT | 4.0 CPD

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    External Conferences

    ThoughtLeaders4 Courtcraft Webinar: Trial to hand down of judgment

    Friday 11th November 2022
    Online

    Speakers:
    Stephen Brown

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    Events / Webinars

    Wilberforce Commercial Conference 2022

    Thursday 24 March 2022 | 9am - 5.20pm followed by drinks
    Kimpton Fitzroy Russell Square (and online via Zoom), London

    £195 + VAT | 5.0 CPD

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Civil fraud and asset recovery

Stephen has dealt with fraud and asset tracing claims throughout his career as a lawyer. His experience covers all manner of business-related frauds, from investment funds to shareholder claims.

Significant work

  • Acting in Vneshprombank LLC v G Bedzhamov & Others, for the claimant bank in its US$1.3 billion fraud claim against Mr Bedzhamov alleging theft of the bank’s cash, procuring fraudulent loans to shell companies, creating false loans to clients with the proceeds being applied for his benefit and making fraudulent withdrawals from customers’ accounts.
  • Appearing for a bank accused of fraudulently misappropriating over US$250 million of the operating assets of one of its customers.
  • Acting for a group of companies in proceedings brought in the Isle of Man in respect of the alleged misappropriation of US$15 million, including claims for unlawful means conspiracy against a bank and others.
  • Acting for the majority shareholder in a business against a minority shareholder who obtained his interest by fraud.
  • £120 million fraud claim against a Cayman Island fund involving worldwide freezing injunctions.
  • Proceedings to recover cash fraudulently withdrawn from bank accounts immediately prior to acquisition. Stephen obtained a freezing order.
  • Acting for the owner of property misappropriated by a fraudster, including obtaining a freezing order.
  • Defending claims by a shareholder who had obtained his shares by fraudulent misrepresentation against the majority shareholder in a company.
  • Claims against an Australian mining company in relation to a fraudulent rights issue. Stephen was acting for an investment fund.

Download Civil fraud and asset recovery CV

  • Quote symbolStephen is a very measured barrister and is able to cut through the complexities of a matter.

    The Legal 500 2024

  • Quote symbolStephen Brown is a “tactically astute” practitioner who “has an unusual mix of a sharp legal brain, an easy client manner and a commercial approach to litigation strategy”.

    Who's Who Legal 2022

Civil fraud and asset recovery insights & events View all thought leadership View all events

  1. Placeholder

    Events / Webinars

    Civil Fraud Conference 2023

    Thursday 8th June 2023 | 12.15pm - 5.55pm followed by drinks & canapés
    The View at The Royal College of Surgeons, Lincoln's Inn Fields, WC2A 3PE

    £130 + VAT | 4.0 CPD

    View more
  2. Placeholder

    Events / Webinars

    Wilberforce Commercial Conference 2022

    Thursday 24 March 2022 | 9am - 5.20pm followed by drinks
    Kimpton Fitzroy Russell Square (and online via Zoom), London

    £195 + VAT | 5.0 CPD

    View more

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Stephen's expertise

Download Company law CV

Company law

Stephen regularly advises in relation to corporate governance and shareholders’ rights, including in relation to derivative actions and unfair prejudice claims.

Recent work

  • Acting for the Petitioner in a Petition to wind up a property development company on the just and equitable ground.
  • Advising a fund on the treatment of cash injections into a corporate structure in the absence of a corresponding issue of shares.
  • Acting for the Respondents in the defence of an unfair prejudice petition concerning the affairs of a substantial property development company.
  • Successfully resisting an application for an injunction to restrain the filing of a company’s financial statement.
  • Acting for the board of a US oil company in relation to claims of breach of fiduciary duty.
  • Acting for a Middle Eastern client in relation to its rights in a US$1 billion joint venture including in relation to potential claims in the DIFC courts and in an LCIA arbitration.
  • Advising a board as to its ability to issue further shares where it was disputed that this was permitted under the company’s articles.
  • Acting for a shareholder in a quasi-partnership as to his ability to remove a co-director/ shareholder.
  • Acting for an investor regarding rectification of a company’s share register.

Download Company law CV

  • Quote symbolStephen is a very measured barrister and is able to cut through the complexities of a matter.

    The Legal 500 2024

  • Quote symbolStephen Brown is a “tactically astute” practitioner who “has an unusual mix of a sharp legal brain, an easy client manner and a commercial approach to litigation strategy”.

    Who's Who Legal 2022

International arbitration

Stephen has appeared in arbitrations both ad hoc and under the rules of various institutions including the AAA, ICC, LCIA and LMAA. He is a Fellow of the Chartered Institute of Arbitrators and a member of the LCIA.

Stephen has been appointed as sole arbitrator in international arbitrations and also accepts appointments as a panel member.

Stephen was appointed to the DIAC Arbitrator list from January 2024.

Stephen is on the Chartered Institute of Arbitrators’ Business Arbitration Scheme panel.

Significant work

  • Successfully defending an oil company in an LCIA arbitration brought by its co-joint venturer for the recovery of US$55 million invested in an oil field project.
  • Advising two of the partners in a foreign partnership regarding losses arising out of fraudulent misrepresentation.
  • Advising a bank in relation to the defence of an application to the High Court to set aside an arbitration award on the ground of serious irregularity.
  • Advising in relation to a partnership dispute in the Bahamas.
  • Appearing in an LCIA arbitration acting for the claimant bank seeking to recover US$400 million from a defaulting debtor and its guarantors.
  • Appearing in DIFC-LCIA arbitral proceedings in Dubai, and DIFC court proceedings in aid of the arbitration, in a dispute between joint venturers, with an alleged value of US$180 million.
  • Advising a state oil producer on its prospects of challenging an arbitral award in the English High Court.
  • Representing a yacht distributor in an LMAA arbitration in relation to termination of an exclusive distribution agreement.
  • Representing an English IT provider in a AAA arbitration with a leading Japanese hardware manufacturer.
  • Representing an Indian power company in an ICC arbitration concerning the construction of two power stations, including a challenge to jurisdiction.
  • Acting for a Japanese car manufacturer in a motor racing dispute subject to ICC Arbitration Rules.
  • Ad hoc arbitration for a broker in a dispute with its telecoms provider.
  • Acting for the US manufacturer of turbines in an arbitral dispute with its customer in Turkey.
  • Representing an arbitrator accused of bias.

Download International arbitration CV

  • Quote symbolStephen is a very measured barrister and is able to cut through the complexities of a matter.

    The Legal 500 2024

  • Quote symbolStephen Brown is a “tactically astute” practitioner who “has an unusual mix of a sharp legal brain, an easy client manner and a commercial approach to litigation strategy”.

    Who's Who Legal 2022

International arbitration insights & events View all thought leadership View all events

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    News

    Stephen Brown has been appointed to the List of Arbitrators for the Dubai International Arbitration Centre

    Wilberforce Chambers is delighted to announce that Stephen Brown has been appointed to the List of Arbitrators for the Dubai International Arbitration Centre. Stephen has been appointed with immediate effect, for an initial period of two years.  

    Wednesday 10 January 2024

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    Events / Webinars

    WATCH: Arbitration Breakfast Briefing: London arbitration in the post-Brexit world

    Tuesday 25 May 2021 | 9am - 10am UK time
    Online, Zoom

    1.0 CPD

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    Events / Webinars

    WATCH: Arbitration Breakfast Briefing: Multi-party arbitrations, the joinder of non-parties to an arbitration agreement and disputes under multiple contracts

    Thursday 11 February 2021 | 9am - 10am UK time
    Online,

    1.0 CPD

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Stephen's Details

BSB/VAT information

Registered name: Mr Stephen Barnett Brown
VAT number: 178617174

Privacy Notice pdf

Qualifications and Appointments

  • FCIArb
  • CEDR accredited mediator
  • DIFC registered practitioner (Part 2)
  • DIAC Arbitrator

Memberships

  • CIArb
  • COMBAR
  • LCIA

Languages spoken

  • Italian – basic

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