Litigation & Dispute Resolution

It is no longer true that litigators are only called in when things go wrong. The traditional role of dispute resolution is changing. Businesses now need to identify potential areas for dispute at the earliest possible time, and put in place risk management strategies to protect their business and avoid conflict. So in addition to helping fight their corner, whether in court litigation, international arbitration, regulatory enforcement or mediation, we work at a strategic level with our clients to identify potential issues and manage their litigation risk. Our clients range from global financial institutions and major international corporates to governments, regulators and state bodies; part of our skill as litigators is carefully to match solutions to our client's particular situation.

Our dispute resolution practice has an impressive track record of resolving the most complex and high profile disputes in the market. As a trainee, you will have the opportunity to work on an incredibly broad range of matters. In addition to our overall Litigation practice groups of Banking & Finance, Arbitration, Commercial, Employment or Intellectual Property, we have specialist areas such as fraud, insolvency, insurance and real estate litigation. You will be researching points of law, drafting witness statements, attending trials at court or before arbitral tribunals and assisting in negotiating settlements between disputing parties. Trainees are encouraged to manage small matters themselves, with guidance when necessary and may conduct their own advocacy at hearings, if appropriate. Trainees can also become involved in pro bono work such as death row cases (namely working for Caribbean prisoners to try to get their sentences commuted), and working at the CAB and Battersea Legal Advice Centre.

Notable cases our dispute resolution lawyers have worked on recently include advising:

• BAE Systems Plc in the defence of the public investigation by the UK Serious Fraud Office of the company's involvement with the Al Yamamah defence contract with Saudi Arabia and its procurement of contracts in multiple jurisdictions around the world; culminating in final settlement at the end of 2010.
• Pfizer in obtaining an emergency preliminary injunction to stop the 'at risk' launch by Teva of generic Atorvastatin (Lipitor) in the UK and acting for Pfizer on the substantive paten infringement and validity proceddings that ensued.
• 14 strategic investors managing investments of over USD30bn on behalf of more than 70 workers' pension funds and other investors who collectively manage over USD3tn in capital for global investment.  These investors are seeking reparation for alterations to the investment framework for solar power energy installations introduced in 2010 by the previous Spanish government.  This is only the second time that the Energy Charter Treaty has been used against an EU15 member.  Allen & Overy has one of the leading Energy Charter Treaty arbitration practices and brought the first ever case under the Treaty.  This case has attracted significant press coverage.
• The principal defendants, certain members of the Kazakh Assaubayey family, in the USD500m claim brought against them in the Chancery Division of the High Court by Jenington International Ltd and others relating to the sale to Jenington of LSE listed company Kazakhgold and its subsidiary gold mining operation in Kazakhstan.
• Midland Resources Holding Limited in fast moving and highly contentious High Court Proceddings including an injunction concerning its sale of its USD850 million stake in a Ukrainian steelworks.
• Bank of Ireland in relation to two sets of proceedings brought by bondholders in the English courts challenging the Bank's liability management exercie.
• Frabrice Tourre, Vice President of Goldman Sachs, in defence of SEC charges and high profile testimony before the U.S. Senate committee, alleging fraud in marketing a CDO tied to subprime mortgages.
• Successfully defending the United Arab Emirates in the first ever investment treaty claim brought against it by a foreign investor.
• A Leading international bank on issues arising from sales worth over GBP 1billion of structured notes issued by Lehmans Brothers to retail customers following the bank's collapse in September 2008.  This has involved advice on dealing with regulators, court cases and customers claims and complaints in various EMEA countries, as well as investigating and advising on the documents and processes used in the distribution and sale of the notes.

You can find more information about the Litigation & Dispute Resolution practice area on the main Allen & Overy website.