Arbitration

Members of Three Stone are regularly involved in high-value cases, where we act both as advocates and as arbitrators in arbitrations conducted under the rules of prominent arbitral bodies or institutions, or pursuant to ad hoc procedures agreed by the parties. In addition, members have experience of arbitration-related proceedings (enforcement, challenges to awards, and applications for stays and anti-arbitration/anti-suit injunctions) either under the Arbitration Act 1996 in England or under similar jurisdictions overseas.

Members have extensive experience of arbitrations under the UNCITRAL and arbitration rules of a wide range of bodies and institutions including:

  • the International Chamber of Commerce (ICC);
  • the London Court of International Arbitration (LCIA);
  • the International Centre for the Settlement of Investment Disputes (ICSID) (including annulment proceedings) and the ICSID Additional Facility;
  • the London Maritime Arbitrators Association (LMAA);
  • the Permanent Court of Arbitration (PCA);
  • the Institute of Chartered Accountants in England and Wales (ICAEW);
  • the Chartered Institute of Arbitrators (CIArb);
  • the World Intellectual Property Organisation (WIPO) and Nominet in domain name proceedings.

Our experience of arbitration covers a varied range of subject matters in the fields of aviation, banking, marine salvage, insurance and reinsurance, public international law (including both traditional inter-State and investment protection disputes), company and commercial law (including energy, oil & gas, pharmaceuticals, sales of armaments and product liability), partnership, intellectual property, competition law, IT and telecommunications disputes, and partnership disputes.

Members have been involved in arbitrations having their seat in many different jurisdictions including in Europe, the Caribbean, the Far East and Africa.

A number of members are Associates, Members or Fellows of the Chartered Institute of Arbitrators. Some are also members of the London Court of International Arbitration.

The following members of Three Stone are available to sit as arbitrators, adjudicators or in expert evaluations in disputes arising within their practice areas:

  • David Lord QC
  • Robert Hantusch
  • Jonathan Turner
  • Neil Cadwallader
  • Paul Burton
  • Simon Olleson

Art – cultural property

Members of Three Stone have been involved in many disputes arising from the ownership and sale of works of art, antiquities and cultural property.

The work of Chambers includes

  • disputes concerning the attribution of works of art
  • disputes concerning the conduct of auction sales of fine art, furniture, wines and other high value chattels
  • disputes concerning the valuation of antiques and antiquities
  • disputes relating to title to goods particularly having regard to conflict of laws
  • disputes relating to the recovery and payment of the price and commission

Banking and financial regulation litigation

Our work on all aspects of contentious and non-contentious banking and finance work (both international and domestic) includes:

  • Trade finance
  • Financial regulation & services
  • Capital markets & securitisation
  • Principal finance/private equity/hedge funds
  • Swaps/credit derivatives/credit default swaps/collateral debt obligations
  • Bonds/debt securities
  • Mergers & acquisitions/leveraged buy outs
  • Bills of Exchange and Promissory Notes
  • Finance leasing, factoring, invoice discounting and general receivables financing.

We have great experience in all types of loan agreements, performance bonds, bills of exchange, promissory notes, documentary credits, electronic payment systems and funds transfers, and currency transactions.

Members of Three Stone are often  involved act and advise in disputes surrounding retail banking operations and particularly in cases concerning undue influence and misrepresentation affecting the validity of security provided by domestic partners.

Our regulatory work includes

  • perimeter issues, regulated financial services activities, financial promotions and collective investment schemes
  • applications for authorisation and variations of permission, and “passporting” into and out of the UK
  • conduct of business, client money and assets, prudential and anti-money laundering requirements
  • FSA supervision and enforcement investigations
  • duties of financial advisers, liability of appointed representatives and their principals
  • Freedom of Information and Data Protection issues
  • UK and EU regulation of medical devices and cosmetics
  • regulation of estate agents
  • complaints to the Financial Ombudsman Service, Bar Standards Board, Legal Services Ombudsman, Information Commissioner and Parliamentary Ombudsman
  • applications for compensation to the Financial Services Compensation Scheme.

 


Charities

Members of Three Stone have extensive experience of charity-related matters.

We can provide advice and guidance on the creation of charities or the making of charitable gifts, the validity and effect of particular dispositions, and practical or legal matters arising in the administration of charities. These include dealing with the disposal of land or other assets, conflicts of interest and cy-pres schemes.

In addition members of Three Stone have wide experience of contentious litigation concerning the validity and effect of particular dispositions or claims made by or against charities.

 


Civil fraud – asset tracing and recovery

Civil fraud cases constitutes a substantial portion of the work undertaken by Chambers. Members of Three Stone also provide advice and advocacy in relation to statutory remedies and offences in insolvency fraud.

We have particular expertise in urgent applications for interim relief including freezing orders search orders, anti-suit injunctions, delivery-up orders and inspection orders.

Our in-depth knowledge of trust law is invaluable in unwinding the opaque and complex structures that enable assets to be hidden.

Chambers has particularly strong links to the Caribbean and  Channel Islands and Far East. Members of Chambers regularly appear in civil fraud cases in courts at all levels in the BVI and the Cayman Islands and in the Privy Council and have been involved in similar litigation in the courts of the Isle of Man, Bahamas, Bermuda, Trinidad and Tobago, Hong Kong and Brunei.


Commercial disputes and litigation

Commercial litigation in the Chancery Division or Commercial Court is the backbone of much of the work and experience of Three Stone and we are as familiar with interim applications as with trials. Members  are equally frequently asked to advise and represent clients in commercial disputes resolved by way of arbitration or mediation.

Our work covers the widest range of commercial disputes including those concerning insurance and reinsurance, international and national contracts for the sale or supply of goods, distribution agreements.

 

 


Company law

We have a wealth of experience in all areas of company law.

We offer specialist advice and representation in the following areas of company law:

  • The formation, structure and dissolution of companies
  • Mergers, acquisitions and market listing
  • Shareholder agreements and disputes between shareholders
  • Petitions to the court under the Companies Act 2006 and Insolvency Act 1986
  • corporate reconstructions (including reductions, retention and restructuring of capital),
  • schemes of arrangement
  • Directors’ duties and the personal liability and disqualification of directors
  • Compliance with statutory and regulatory provisions
  • Director’s and Officer’s liability insurance
  • Hedge Funds and offshore corporations
  • Inter-jurisdictional issues and multi-national corporate groups

Competition law

Members of Three Stone have substantial expertise in UK and EU competition (antitrust) law, spanning abuse of dominance, cartels, restrictive commercial practices, mergers, public procurement, and State Aid, as well as related areas of EU, public, and regulatory law.

Members have particular expertise as regards the application of competition law to intellectual property, research and development, IT, telecommunications, sport, media, entertainment, and vertical agreements. Members also have considerable experience advising on EU and international free trade law, particularly in relation to intellectual property, parallel imports and cross-border services.

Members of Three Stone handle both litigation and advisory aspects of competition law, including damages claims, advice on drafting agreements and compliance. We represent parties before the main UK and EU competition authorities and courts, as well as licensing tribunals and arbitration forums.

Jonathan D. C. Turner’s textbook, “Intellectual Property and EU Competition Law (2nd Edn, OUP, 2015) has been cited with approval in the Court of Appeal (Jacob LJ in L’Oréal v Bellure) and has been described as “authoritative, succinct and precise” (John Townsend, Modern Law Review), “full both of clear descriptions of the law but also thorough well-researched footnoted text of the kind any proper examination of the law and clients’ problems requires” (Susan Singleton, European Intellectual Property Review) and “set to become the leading work of reference on this difficult, but very important, subject” (David Vaughan CBE QC, in the Foreword to the first edition)


Conflict of laws

Members of Three Stone, in all practice areas and whether acting in England or overseas regularly advise and appear in multi-jurisdictional disputes and accordingly deal with conflict of laws and private international and public international law issues as a matter of course.

Issues which fall for consideration under the ‘conflicts’ umbrella include:

  • Governing law of agreements and documents
  • Jurisdiction disputes and clauses
  • Asset tracing and recovery
  • Recognition and enforcement of judgments
  • Arbitration clauses and their scope and effect
  • Arbitration in the context of cross-border fraud
  • International trusts and estates
  • Cross-border insolvency
  • EU domiciled parties
  • Anti-suit injunctions
  • State immunity

Construction

Members of Three Stone have experience in construction related litigation, including claims for defective building works and related interference with other property rights as a result.


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