Mr. Egerton-Peters acts as counsel in international arbitrations; investment treaty disputes; litigation in the U.K., U.S., Ireland, Cyprus, the Caribbean and a range of other jurisdictions; tax controversies and disputes (including with Her Majesty’s Revenue and Customs (HMRC) and the European Commission); and competition/state aid investigations and related follow-on litigation. His experience is significant and extends across a range of industry sectors, including finance and banking, energy, shipping, retail, tobacco, pharmaceuticals and telecommunications.
The Legal 500 UK recommends Mr. Egerton-Peters for his work in both international arbitration and commercial litigation. Additionally, he is listed as a Rising Star for commercial litigation (The Legal 500) and ranked as a Future Leader in litigation (Who’s Who Legal).
Mr. Egerton-Peters is co-editor of Arbitration World (published by Sweet & Maxwell), one of the leading texts in international arbitration, and he writes and lectures frequently on a range of legal topics. He is a former tutor in contract law and the English legal system at King’s College, London and Queen Mary, University of London.
Recent representative matters as counsel include:
- acting for Dmitri Ananyev in successfully challenging the jurisdiction of the English High Court in proceedings brought by 112 customers of the formerly private Russian bank, Promsvyazbank, concerning allegations of misselling of loan notes. This matter also involved securing the release of significant funds paid into court by Mr. Ananyev and resisting applications for additional freezing order relief;
- acting for a global pharmaceutical company in the context of a preliminary European Commission state aid investigation and potential proceedings before the EU courts in relation to the company’s transfer pricing and tax arrangements;
- acting as lead counsel for the investment vehicle of a leading Russian entrepreneur in an LCIA arbitration concerning outstanding debts and allegations of fraudulent misrepresentation;
- representing Kingfisher Plc in its appeal against the European Commission’s decision that the U.K.’s Group Financing Exemption in Chapter 9 Part 9A of TIOPA 2010 for certain finance profits of controlled foreign companies partially constitutes illegal state aid;
- representing a consortium comprised of Crescent Petroleum, Dana Gas and Pearl Petroleum in an LCIA dispute with the Kurdistan Regional Government of Iraq. The dispute was one of the highest-value energy disputes in the Middle East and has produced three partial awards worth a total of US$2.2 billion in favour of the consortium;
- acting for Philip Morris International Inc. in coordinating challenges against the EU’s Tobacco Products Directive (2014/40/EU) and the proposed introduction of standardised packaging on tobacco products in several EU Member States. This matter involved legal proceedings in England, Ireland and before the Court of Justice of the EU;
- acting as lead counsel for one of Africa’s largest international energy and infrastructure companies in jurisdiction and merits challenges before the ICC Court of Arbitration arising out of the alleged contamination of petroleum imports;
- acting for a global hedge fund in appeals against HMRC closure notices and transfer pricing determinations and representing the fund in a related Mutual Agreement Procedure between the U.S. and U.K. tax authorities;
- assisting with the enforcement of a damages award of US$100 million made in favour of investors Ron Fuchs and Ioannis Kardassopoulos in ICSID arbitration proceedings against the Republic of Georgia under the Energy Charter Treaty and two bilateral investment treaties;
- advising a consultancy group in connection with its exposure to allegations of unlawful state aid arising out of its tax rulings/treatment in various EU Member States;
- acting for a leading international bank in legal proceedings before the English courts regarding a default by a high-net-worth individual under a loan agreement. This representation also involved successfully obtaining worldwide freezing orders in England, a further freezing order in Jersey and taking enforcement action in the British Virgin Islands, Delaware and Jersey;
- representing a leading hedge fund manager and investment firm in proceedings against HMRC concerning the tax effect of a capital allocation plan;
- acting for a beauty company in connection with an investigation into allegations of resale price maintenance;
- representing a U.S. energy company in connection with the global enforcement of arbitration awards made following an ICC arbitration. The dispute arose out of a supply contract for a power station in the Middle East and enforcement required an urgent ex parte anti-suit injunction, which was successfully obtained from the English courts;
- acting for one of India’s leading real estate developers in a series of interrelated LCIA arbitrations seated in London regarding disputes under Indian law arising out of a development project in India. The matter received a Highly Commended ranking in the Financial Times’ 2014 Innovative Lawyers report;
- acting for investors seeking the resolution of various disputes arising under the India-Mauritius Bilateral Investment Treaty and before the ICC in Paris;
- representing shareholders of a major online retail company in multiple LCIA arbitrations concerning allegations of unfair prejudice and breaches of a shareholders’ agreement;
- acting for a multinational food distributor in connection with allegations of contamination, a related investigation and import restrictions imposed by the EU;
- assisting the Crédit Agricole banking group in a structured finance dispute worth approximately US$1.675 billion. The dispute involved proceedings in London, Jersey and New York, and was ranked by The Lawyer as one of the top cases of 2011; and
- acting for a global pharmaceutical company and its affiliates in relation to ad hoc arbitrations, seated in London, concerning coverage disputes under Bermuda Form insurance contracts.
Mr. Egerton-Peters assists with numerous pro bono projects each year. He is currently providing ongoing legal assistance to victims of the 2017 Manchester Arena terrorist attack.