Picture of Guy Pendell

Guy Pendell

Partner
Head of Commercial, Regulatory and Disputes, Head of International Arbitration

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English
International Arbitration

Guy Pendell is a commercial disputes partner based in London. He has been a partner since 2005 and has around 18 years’ experience handling disputes for mainly corporate clients. He has been credited by the legal directories as “giving clients the best chance of winning”. His main areas of work include international arbitration involving complex commercial and corporate/M&A disputes, TMC, international projects and finance disputes. He also has years of experience handling disputes in the hotels sector.

Guy’s main objective is to represent clients in substantial disputes, seeking the best outcome for his clients, usually involving detailed negotiated settlements against the background of a well prepared legal position.
He is an experienced solicitor advocate in arbitration. He also sits as an arbitrator when his workload permits.

Guy is the head of the firm’s International Arbitration Group, he is the UK rapporteur for the ICC’s standing task force on the New York Convention and a member of its editorial committee. He is a founding member of the International Arbitration Charity Ball Committee.

Guy is individually ranked for International Arbitration in Chambers and has been included as a legal expert in Who's Who Legal - Arbitration since 2013.

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“brilliant for strategic and tactical considerations”. Guy is also a Leading Individual for international arbitration.

International Arbitration, Legal 500, 2014

Relevant experience

  • A global engineering company in relation to disputes over the alleged failures of gas turbines in a major middle east power plant.
  • A major telecommunications company on a series of related arbitrations in relation to the construction of a 30 year outsourcing transaction and the proper financial modelling in relation thereto.
  • A large Russian energy company in relation to a dispute over the consequences of the termination of a SPA.
  • A global satellite telecommunications company in relation to the termination of a SPA concerning the sale and purchase of strategy satellite telecommunications assets.
  • A European mining and silica manufacturing company in relation to the valuation and accounting treatment of various CEE assets under a SPA.
  • A financial advisory firm in a dispute over fees and performance.
  • A European bank in relation to a dispute arising from the exercise of a put and call option in relation to the acquisition of a Serbian listed bank.
  • As sole arbitrator in ICC proceedings in relation to a dispute over the validity and effect of an IT software supply contract.
  • As co-arbitrator in relation to a dispute relating to the sale and subsequent disposal of a Russian bank.
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Education

2007 - Solicitor Advocate

2005 - Diploma in Advocacy, College of Law,

1996 - Legal Practice Course, Commendation, Nottingham Law School, Nottingham

1994 - Law, LLB (Hons) 2(1), Coventry

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Memberships

UK Rapporteur of Task Force on New York Convention, member of editorial committee for Guide to New York Convention - ICC, Court of Arbitration

RCJ Advice, Service Delivery Committee

Board member, European Justice Forum

International Arbitration Charity Ball Committee (Founder and Committee member)

Law Society, International Division

International Bar Association

LCIA

Commercial Litigators’ Forum

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Publications

World Arbitration Reporter (England & Wales Chapter)

Interim Measures in International Arbitration, June 2014, Juris Publishing – England & Wales Chapter

Arbitration in England, 2013, Kluwer Law International – Rights and Duties of the Parties and Counsel

West Law, UK Insight – The Arbitration Act 1996

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Lectures list

2015 - Legal Week Litigation and Arbitration Forum 2015, Co-chair with Tim Parkes, Herbert Smith

2015 - International Arbitration Summit, Legal Business

2015 - Foundation for International Arbitration Advocacy, Faculty Member, Washington 

2015 - Practising Law Institute, New York – International Arbitration 2015 – Preparing Your Case: Experts

2014 - Legal Week Litigation and Arbitration Forum 2014 – Co-chair with Tim Parkes, Herbert Smith

2012 - International Dispute Resolution involving Russian and CIS companies, C5, February 2012

2011 - Taking of Evidence in International Arbitration, LSE

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Dispute Resolution

Guy Pendell is Head of Commercial, Regulatory and Disputes, based in London.

He has been a partner since 2005 and has around 18 years’ experience handling disputes for mainly corporate clients. He has been credited by the legal directories as “giving clients the best chance of winning”. His main areas of work involve resolving complex disputes in corporate/M&A, TMC, international projects and finance matters. He also has years of experience handling disputes in the hotels sector.

Guy’s main objective is to represent clients effectively in significant commercial disputes, seeking the best outcome in the specific circumstances of the client. That usually involves careful negotiated settlements against the background of a well prepared legal position. He is an experienced solicitor advocate.

Guy is a board member of the European Justice Forum and member of the RJC Advice Bureau services delivery committee. He is also a member of the Commercial Litigators’ Forum.

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Relevant experience

  • A very well-known international IT/Outsourcing company in various litigation proceedings, principally relating to disputes arising under application support and maintenance agreements.
  • A very well-known telecommunications company in various disputes in the UK and beyond, principally relating to commercial disputes in relation to the provision of major projects but including disputes arising under long term outsourcing projects.
  • The owners of an electrical wholesale business in relation to a broad range of disputes with other family members in relation to the separation of their business interests, direct competition between businesses and related disputes in Switzerland, Canada, the UK and elsewhere. 
  • A well-known energy company in group actions of claims brought on behalf of communities in sub-saharan Africa for alleged pollution incidents alleged to have been caused by the energy company. 
  • An international bank in relation to disputes arising out of the wrongful settlement of a number of financial instruments. The dispute also relates to a wider international fraud in excess of some USD 500m. Proceedings in Mauritius, Dubai and England. 
  • The former owners of a substantial international hotel group in relation to all its warranty and indemnity claims arising following the acquisition of the group from Compass plc, these claims have included three long tail liabilities arising from historic UK leasehold interests; a claim under a liability on an evergreen letter of credit; multiple claims in relation to several hundred employment disputes in South America.
  • The owner of a well-known hotel and golfing complex in High Court proceedings with the operator over alleged breaches of a management agreement. The case involved two injunction proceedings and an expedited trial.
  • A provider of messaging services and mobile enterprise software in relation to a dispute with a service provider for unpaid invoices and a separate dispute over the termination of a contract with customer for SMS and WAP push services for the customer’s failure to comply with local regulations for such services.
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Education

2007 - Solicitor Advocate

2005 - Diploma in Advocacy, College of Law,

1996 - Legal Practice Course, Commendation, Nottingham Law School, Nottingham

1994 - LLB (Hons), Coventry

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Memberships

UK Rapporteur of Task Force on New York Convention, member of editorial committee for Guide to New York Convention, ICC, Court of Arbitration

Member, RCJ Advice Bureau, Service Delivery Committee

Board member, European Justice Forum

Founder and committee member, International Arbitration Charity Ball Committee 

Member, Law Society, International Division

Member, International Bar Association

Member, LCIA

Commercial Litigators’ Forum

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Publications

World Arbitration Reporter (England & Wales Chapter)

Interim Measures in International Arbitration, June 2014, Juris Publishing – England & Wales Chapter

Arbitration in England, 2013, Kluwer Law International – Rights and Duties of the Parties and Counsel

West Law, UK Insight – The Arbitration Act 1996

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Lectures list

2015 - Legal Week Litigation and Arbitration Forum 2015, Co-chair with Tim Parkes, Herbert Smith

2015 - International Arbitration Summit, Legal Business

2015 - Foundation for International Arbitration Advocacy, Faculty Member, Washington 

2015 - Practising Law Institute, New York – International Arbitration 2015 – Preparing Your Case: Experts

2014 - Legal Week Litigation and Arbitration Forum 2014 – Co-chair with Tim Parkes, Herbert Smith

2012 - International Dispute Resolution involving Russian and CIS companies, C5, February 2012

2011 - Taking of Evidence in International Arbitration, LSE

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11 January 2017
Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
15/05/2017
Oil and Gas: In de­fence of cor­por­ate struc­ture
In His Roy­al High­ness Emere God­win Bebe Ok­p­abi and Oth­ers v Roy­al Dutch Shell PLC (“RDS”) and Shell Pet­ro­leum De­vel­op­ment Com­pany of Ni­ger­ia (“SP­DC”) [2017] EWHC 89 (TCC), the Tech­no­logy and Con­struc­tion Court con­firmed that the Eng­lish Courts will not per­mit.
05/02/2015
CMS strengthens In­ter­na­tion­al Ar­bit­ra­tion and En­ergy...
11/04/2017
Su­preme Court rules again on in­ter­pret­a­tion of con­tracts: busi­ness...
In Wood v Cap­ita In­sur­ance Ser­vices Lim­ited [2017] UK­SC 24, the Su­preme Court has sought to re­con­cile the ap­proaches to con­trac­tu­al con­struc­tion and in­ter­pret­a­tion ad­op­ted by the Su­preme Court in in Rainy Sky v Kook­min Bank [2011] UK­SC 50 and Arnold v Brit­ton.
16/03/2017
Su­preme Court rules no se­cur­ity needed to chal­lenge en­force­ment un­der...
In IPCO (Ni­ger­ia) Lim­ited (“IPCO”) v Ni­geri­an Na­tion­al Pet­ro­leum Cor­por­a­tion (“NNPC”) [2017] UK­SC 16, the UK Su­preme Court over­turned a rul­ing re­quir­ing NNPC to provide se­cur­ity as a con­di­tion to chal­len­ging the en­force­ment of an ar­bit­ra­tion award.
01/02/2017
Choice of Eng­lish law presides in ISDA Mas­ter Agree­ments – Court of...
The Court of Ap­peal has up­held an earli­er de­cision of the High Court that the law ap­plic­able to in­terest rate swaps entered in­to between a Por­tuguese bank and a num­ber of Por­tuguese trans­port op­er­at­ors is Eng­lish law.
08/11/2016
ICC mod­i­fies rules to try to save time and costs in ar­bit­ra­tions
The In­ter­na­tion­al Cham­ber of Com­merce (“ICC”) has been at the fore­front of the de­vel­op­ment of in­ter­na­tion­al ar­bit­ra­tion since the early 1900s. Fol­low­ing a pro­posed re­form earli­er this year, the ICC has an­nounced im­port­ant amend­ments to the ICC Rules of Ar­bit­ra­tion.
01/11/2016
Per­ils of the sea: Court of Ap­peal cla­ri­fies the rem­ed­ies for ter­min­a­tion...
For some time there has been a lack of clar­ity as to the con­sequences of ter­min­a­tion for a char­ter­er’s fail­ure to pay hire punc­tu­ally un­der a time charter­party. However, the re­cent un­an­im­ous Court of Ap­peal de­cision in Spar Ship­ping AS v Grand China Lo­gist­ics.
09/08/2016
The Fu­ture Struc­ture of the Civil Courts?
Sum­mary On 27 Ju­ly 2016 Lord Justice Briggs pub­lished his fi­nal re­port on the struc­ture and func­tion­ing of the civil courts in Eng­land and Wales (the Fi­nal Re­port). The Fi­nal Re­port is the res­ult of a year-long re­view and makes a num­ber of bold and wide-ran­ging.
22/07/2016
Privy Coun­cil de­cisions can have "true" pre­ced­en­tial value
Sum­mary Earli­er last week (20 Ju­ly 2016), the Su­preme Court handed down the judg­ment in Willers v Joyce [2016] UK­SC 44 which con­tains an im­port­ant de­vel­op­ment in the pre­ced­en­tial value of Privy Coun­cil de­cisions.
21/07/2016
Brexit: Im­plic­a­tions for con­tract­ing parties
In our re­cent Law-Now art­icle Brexit: What does it mean for cross-bor­der dis­putes, we re­com­men­ded that parties re­view ex­ist­ing con­tracts to identi­fy clauses which might be af­fected by the out­come of the re­cent ref­er­en­dum on wheth­er the United King­dom (UK) should.
19/07/2016
Pro­posed re­form of the ICC Rules to in­tro­duce ex­ped­ited pro­ced­ures...
The In­ter­na­tion­al Cham­ber of Com­merce (ICC) has an­nounced that it will in­tro­duce ex­ped­ited rules for the de­term­in­a­tion of small ar­bit­ra­tion claims. The ex­ped­ited rules are aimed at re­du­cing both the time and cost of ICC ar­bit­ra­tions where the dis­pute con­cerns.
06/07/2016
Brexit: What does it mean for cross-bor­der dis­putes?
On 23 June 2016, the Brit­ish pub­lic voted to leave the European Uni­on. The BREXIT pro­cess first re­quires no­tice to be giv­en un­der Art­icle 50 of the Treaty of Lis­bon, fol­low­ing which the UK has at least two years to ne­go­ti­ate its with­draw­al from the EU.