Tamara Kagan’s practice covers the broad spectrum of commercial and company work in international arbitration and litigation. She has extensive experience, both led and unled, in heavy, complex and high value claims before the High Court and before the Court of Appeal. She also has significant experience of international arbitrations under the LCIA, ICC and SIAC rules.
Tamara's areas of expertise include commercial fraud, freezing injunctions, arbitration, banking, jurisdiction and choice of law and company law.
Tamara is recommended in Chambers & Partners 2021 in Commercial Dispute Resolution "Astute and displays excellent attention to detail." "She is very intelligent, very technically capable and great at drafting."
Notable recent cases include: acting in SIAC Proceedings (one of the world’s largest energy arbitrations), for the defendant in a US$5.5 billion fraud and breach of warranty claim arising out of the claimant’s investment into certain oil assets; and for the claimant Dutch social housing association in Stichting Vestia Groep v Deutsche Bank AG in a claim for over €800 million in relation to complex derivative products sold under an ISDA Master Agreement on the basis of allegations of bribery and capacity in the widely publicised Commercial Court (Financial List) trial that took place over 10 weeks in 2019.
Historic involvements have included the well-known Blue v Ashley case, in which Tamara acted for Mike Ashley, successfully defending the very widely publicised claim brought by a consultant investment banker appointed by Sports Direct for a bonus of £14m which he claimed was payable pursuant to an oral agreement said to have been reached with Mr Ashley in a London pub; the high profile Russian oligarch dispute Berezovsky v Abramovich; appearing in month-long LCIA Proceedings in a claim for £350m concerning high profile allegations of fraud against an Indian real estate developer and in related proceedings in the Isle of Man involving a first instance jurisdiction challenge and subsequent appeal; First Subsea Limited v Balltec Limited, involving long and bitterly fought Chancery proceedings, including a largely successful five week trial defending claims of breaches of contract, unlawful means conspiracy and breaches of fiduciary duty, an appeal to the Court of Appeal and a subsequent appeal to the Supreme Court; and appearing for Galasys plc before the Commercial Court in a multi-jurisdictional dispute (Malaysia, Jersey and England) and obtaining (as sole counsel, against leader and junior opposition) an interim injunction concerning the composition of the company’s board pending the resolution of related, expedited proceedings in Jersey.
Prior to coming to the Bar, Tamara practiced commercial litigation at Sullivan & Cromwell LLP in New York. Her New York practice focused on complex and multi-jurisdictional disputes and her experience included representing Goldman Sachs in litigation arising out of the Delphi plan of reorganisation and Philips in its long-running contractual and IP disputes with Imation (formerly 3M). Tamara has a keen interest in multi-jurisdictional disputes, particularly those with US law elements to them, and she advises on issues of New York law.
Tamara is a member of the Bars of New York and Ontario (Canada).
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