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Practice Summary

David undertakes a broad range of commercial work and has extensive experience of working in various forums, including the High Court (both led and unled), the Court of Appeal (again, both led and unled), the Privy Council, the Eastern Caribbean Supreme Court, and arbitrations. He is admitted as a member of the bar of the British Virgin Islands.

In the past year, David has acted on, amongst other things, the landmark Cukurova litigation, the Peak Hotels dispute (over the ownership and control of the Aman Resorts hotel group), Novatrust v Kea (a dispute over a private equity investment vehicle and the first derivative action on behalf of a foreign company that has been permitted to proceed before the English courts), and Goldman Sachs v Novo Banco (an $800m+ claim which raises issues under the European Banking Resolution and Recovery and Credit Institutions Winding Up Directives). David also maintains a busy advisory practice, and regularly advises on matters relating to banking, energy, the financial markets, civil fraud, arbitration enforcement and more. 

Key Recent Cases

  • Alfa v Cukurova
    A billion-dollar battle over control of Turkey’s largest network phone operator, Turkcell. This landmark litigation has generated (so far) two trials in the BVI, multiple hearings in the Privy Council, and an LCIA arbitration. The dispute is multifaceted, hard-fought and complex. The case, amongst other things, (1) has confirmed the availability in principle of relief from forfeiture in relation to financial collateral which has been appropriated pursuant to the Financial Collateral Arrangements (No 2) Regulations 2003, (2) is an extremely rare, if not unique, example of relief from forfeiture actually being granted in a wholesale commercial transaction of this magnitude, and (3) involved the most detailed analysis of the principles underlying the jurisdiction to grant relief from forfeiture and the terms upon which such relief should be granted since at least the leading House of Lords decision of Shiloh Spinners v Harding in 1973  (see [2015] 2 WLR 875).
     
  • Sonera v Cukurova
    An ongoing multi-jurisdictional battle over the enforceability of a billion-dollar arbitration award. So far, the jurisdictions involved include the BVI, New York, England, Switzerland and the Netherlands. David is primarily involved in the BVI and English litigation, which so far has generated a trial, a charging order application, anti-suit (and anti-anti-suit) injunctions, and multiple appeals (including at Privy Council level).
     
  • Peak Hotels v Tarek Investments
    Extremely hard-fought proceedings over the ownership and control of the super-luxury Aman Resorts hotel group. The main proceedings took place in England, but related proceedings took place in New York and the BVI. They have all been resolved resoundingly in David’s clients’ favour.
     
  • Novatrust v Kea
    A hard-fought and muti-jurisdictional (England and BVI) set of proceedings relating to a private equity investment vehicle. The proceedings involve contested winding up petitions, claims in fraud, and the first derivative claim on behalf of a foreign company that has been permitted to proceed before the English courts.
     
  • Goldman Sachs v Novo Banco
    $800m+ claim which raises complex issues of jurisdictional and European law (currently before the Court of Appeal). The case concerns the effect on English law obligations of various decisions of the Bank of Portugal, and raises issues as to the proper interpretation and application of the European Banking Resolution and Recovery and Credit Institutions Winding Up Directives.