Picture of Tim Hardy

Tim Hardy FCIArb

Consultant
Independent Arbitrator and Mediator

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

Tim Hardy is a consultant of CMS‘ Commercial Litigation Team in London and deals primarily with disputes concerning finance, commerce, professional negligence, product and corporate reputations.

He is a Solicitor-Advocate (Higher Courts Civil).  He is a member of CEDR Select and the ICAEW’s Mediation Panels and a fellow of the Chartered Institute of Arbitrators and Chair of the Institute’s Practice & Standards Committee.  He is a member of LexisNexis’ Dispute Resolution Editorial Board.

Tim’s experience as a litigator, mediator an arbitrator covers a wide range of complex commercial and contractual disputes.

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Relevant experience

  • A private equity fund in an ICSID arbitration against the State of Montenegro, seat in Paris
  • A group of investors in an UNCITRAL arbitration against a Middle Eastern state for the wrongful release of milestone payments from a security escrow account
  • Acting for a financial institution in an expert determination over the value of book debts and an earn out provision in an asset sale agreement involving parties in central and eastern Europe
  • An Eastern European manufacturer in an ICC arbitration with the seat in London concerning the acquisition of liabilities under a revolving credit facility used to finance the purchase of raw materials secured on finished product which had never been manufactured
  • A claim by a Private Equity Fund against a consortium of investors who acquired rights to shares in an acquisition target during a hostile take over bid that failed
  • A Private Equity Fund against claims by an Action Group of institutional investors of misrepresentation in a Private Placement Memorandum and breach of mandate in relation to the Investment Policy in a Limited Partnership Agreement
  • A Spanish purchaser of commodities from a French vendor in an LLMA arbitration concerning pricing
  • The world’s largest ship broker in claims brought by two Russian State owned shipping companies concerning allegations of a conspiracy to defraud through bribery, secret commissions and the sale of vessels at an undervalue
  • Five VCT's in a claim against an Investment Bank for breach of a discretionary mandate to invest in assets with a low-risk investment profile with the express objective of preserving capital and generating annual returns in excess of those available from short-term cash deposits
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Education

  • LLB, FCIArb
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Memberships

  • An Accredited Mediator, ADR group and CEDR
  • Solicitor-Advocate (Higher Courts Civil)
  • Non-Executive Director, CEDR
  • Member, CPR European sub-committee on arbitration
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13 January 2017
Ship­ping & Mari­time 2016
12/07/2018
Anti-suit in­junc­tion gran­ted to re­strain chal­lenge in Pakistan 
Dis­putes arising between Pakistani parties, out of a series of con­tracts gov­erned by the law of Pakistan, were re­ferred to ar­bit­ra­tion in Eng­land. The Gov­ern­ment of Pakistan ob­tained in­junc­tions in Lahore re­strain­ing the Re­spond­ents from par­ti­cip­at­ing in the.
11 January 2017
Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
05/04/2018
Can de­fect­ive ar­bit­ra­tion clauses be cured by im­ply­ing a cor­rec­ted...
The Com­mer­cial Court re­cently con­sidered a pe­cu­li­ar chal­lenge to two par­tial fi­nal awards un­der sec­tion 67 of the Ar­bit­ra­tion Act 1996 based on evid­ence that neither the Ap­plic­ant nor the Re­spond­ent were in fact the same en­tit­ies that had entered in­to the ar­bit­ra­tion.
07/07/2015
Africa - Nav­ig­at­ing risk
The chan­ging face of Africa - How in­vestors are de­ploy­ing...
01/03/2018
The new dis­clos­ure pi­lot is a once-in-a- gen­er­a­tion op­por­tun­ity to...
The con­sulta­tion on the pro­posed two-year pi­lot of a new dis­clos­ure prac­tice dir­ec­tion closed on Wed­nes­day 28 Feb­ru­ary. The pro­posed pi­lot is ex­tremely broad, ap­ply­ing to all claims in the Busi­ness and Prop­erty courts ex­cept com­pet­i­tion claims and those with­in.
07/07/2015
CMS Guide: Eurofit – man­aging the risks arising from...
01/12/2017
Send­ing no­tice of ar­bit­ra­tion by email to a ju­ni­or em­ploy­ee is not...
In the Com­mer­cial Court Popplewell J re­cently con­sidered an ap­plic­a­tion to set aside a fi­nal ar­bit­ra­tion award of a sole ar­bit­rat­or un­der sec­tion 72 of the Ar­bit­ra­tion Act 1996. The Ap­plic­ant did not take part in the ar­bit­ra­tion un­til they re­ceived the Award.
07/11/2017
Will there be an in­crease in chal­lenges to ar­bit­ral awards on grounds...
Al­though this re­port relates to a purely mari­time dis­pute, as to the cor­rect in­ter­pret­a­tion of a par­tic­u­lar clause used in a Charter Party Agree­ment, it is of gen­er­al in­terest as per­mis­sion to chal­lenge the ar­bit­rat­ors’ award had been al­lowed on the little.
03/11/2017
Ju­di­ciary pro­poses pi­lot to test a new ‘im­proved’ dis­clos­ure re­gime
A work­ing group chaired by Lady Justice Gloster has pub­lished a com­pletely re­writ­ten prac­tice dir­ec­tion on dis­clos­ure to be pi­loted over two years, be­gin­ning in the second quarter of 2018. The pro­posed pi­lot is ex­tremely broad, ap­ply­ing to all claims in the.
02/11/2017
Sting­ing ju­di­cial cri­ti­cism, loss of con­fid­ence and er­rors of law...
In 2002 a dis­pute star­ted when a part­ner left a firm of ac­count­ants to set up his own prac­tice. Nu­mer­ous dis­putes arose between the firm and the part­ner re­lat­ing to the bal­ance in the former part­ner’s cur­rent ac­count, pay­ment of his pen­sion and re­pur­chase of.
31/10/2017
Be­ware Con­flict­ing Gov­ern­ing law pro­vi­sions in Con­tracts and Guar­an­tees
Dis­putes between an em­ploy­er and a con­sor­ti­um of con­tract­ors in a con­tract for the ex­pan­sion of the Panama Canal be­came the sub­ject of sev­er­al ICC ar­bit­ra­tions seated in Miami. The con­tract was sub­ject to Panamani­an law.