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Domestic Arbitration & ADR
Tom has represented clients at mediations and forms of ADR both as sole counsel and as part of a wider team. These include mediations offshore, as well as in the UK. Recent successful mediations have included banking disputes, proceedings seeking financial support for a pension scheme, and actions for breach of directors’ duties.
Tom has also acted in domestic arbitrations, and has been instructed in applications to challenge arbitration awards under the Arbitration Act 1996.
Recent relevant experience includes:
- Acting on challenges under s.67, s.68 and s.69 of the Arbitration Act 1996 to a JAMS Arbitration Award concerning rights to collateral under $45m loan agreement.
- Acting for the Claimant in a $20m ICC arbitration arising out of the Madoff fraud (led by Alan Gourgey QC).
- Fieldfisher LLP v Pennyfeathers Limited  EWHC 566 (Ch). Successful resistance of administration application on basis that the alleged debt was subject to an arbitration agreement. Issues included the effect of a prior arbitration and of the arbitration agreement.
- Advising on an application to set aside an arbitration award of the London Beth Din.
- An arbitration of a dispute arising out of property surveying in the UK, under LCIA Rules.
Tom has also written and spoken on the interrelationship between arbitration and insolvency.