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Portrait of Guy Pendell

Guy Pendell

Partner

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

Guy Pendell is a versatile commercial disputes partner based in London. He has been a partner since 2005 and has over 20 years’ experience handling corporate/commercial disputes arising all over the world.  His experience spans commercial litigation and arbitration where, as a solicitor advocate, he often undertakes all the advocacy.  His main areas of work include corporate/M&A disputes, technology, media and telecoms, international projects, aviation and finance disputes. He also has years of experience handling disputes in the hotels and consumer products sectors.

Guy is one of a few London practitioners with leading rankings in both litigation and arbitration in the major legal directories.  He has been credited as “giving clients the best chance of winning”.

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"Class Act."

Legal 500, 2022

Relevant experience

  • Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited [2021] EWCA Civ 440
  • CIS General Insurance Limited v IBM United Kingdom Limited [2021] EWHC 347 (TCC).
  • CEF Holdings Ltd v Mundey & Ors [2012] EWHC 1524 (QB).
  • Bouverie No. 1 v De Vere Hotels & Leisure Ltd [2006] EWHC 2242 (Ch).
  • Trident European Fund v Coats Holdings Ltd [2003] EWHC.
  • A technology transition and transformation dispute for one of the largest long-term savings and retirement business.
  • Multiple proceedings for a very well-known international IT/Outsourcing company, principally relating to disputes arising under application support and maintenance agreements.
  • Various disputes in the UK and beyond for a very well-known telecommunications company, principally relating to commercial disputes in relation to the provision of major projects but including disputes arising under long term outsourcing projects.
  • A series of connected disputes for the owners of a global electrical wholesale business 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.
  • Proceedings in Mauritius, Dubai and England for an international bank arising out of the wrongful settlement of a number of financial instruments. The dispute relates to a wider international fraud in excess of some USD 500m. 
  • A series of warranty and indemnity disputes for the former owners of a substantial international hotel group arising following the acquisition of the group from Compass plc.  The disputes included the resolution of 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.
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Memberships & Roles

  • Head of the CMS Cameron McKenna Nabarro Olswang disputes practice (2017 to date)
  • Former head and co-founder of the CMS International Arbitration Group
  • ICC UK’s Arbitration and ADR Subcommittee (Vice-Chair)
  • ICC Arbitration Commission
  • Bingham Development Board
  • Trustee, RCJ Advice
  • International Arbitration Charity Ball Committee (Founder and Honorary Vice-Chair)
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Publications

  • Facing the Future of International Arbitration, Podcast Series (2021)
  • Breathing Space, Concept Note 3, (2020) which was ultimately adopted as The BIICL Guidelines
  • 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

  • 2022 - Africa Arbitration Academy – ‘How (not) to Annoy the Tribunal’
  • 2021 - The Role of Law in Climate Action
  • 2019 - Witness Evidence and Human Memory, London International Disputes Week
    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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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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International Arbitration

Guy Pendell is a versatile commercial disputes partner based in London. He has been a partner since 2005 and has over 20 years’ experience handling corporate/commercial disputes.  His experience spans commercial arbitration where, as a solicitor advocate, he often undertakes all the advocacy, and litigation.  His main areas of work include corporate/M&A disputes, technology, media and telecoms, international projects, aviation and finance disputes. He also has years of experience handling disputes in the hotels and consumer products sectors.

Over the years, Guy has been involved in hundreds of arbitrations under the rules of most of the leading institutions across many jurisdictions and governing laws.  His experience is predominantly in international commercial arbitration, including emergency arbitration proceedings, as well as investment arbitration.  When his workload permits, he also sits as an arbitrator.

Guy is one of a few London practitioners with leading rankings in both arbitration and litigation in the major legal directories. He has been credited as “giving clients the best chance of winning”.  He is also ranked as a Thought Leader and recommended Global Leader in Who’s Who Legal.

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"He is outstanding and has a superb legal mind.” “He is good at assessing risk and has good judgement. He’s impressive."

Chambers, 2022

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

International Arbitration, Legal 500, 2014

Relevant experience

  • An emergency arbitration relating to the delays and allocation of COVID vaccines.
  • Regularly instructed by financial advisory firm for international arbitration.
  • A series of related arbitrations for a major telecommunications company in relation to the construction of a 30-year outsourcing transaction and the proper financial modelling in relation thereto.
  • A global satellite telecommunications company in relation to the termination of a SPA concerning the sale and purchase of strategy satellite telecommunications assets.
  • A dispute for a global engineering company over the alleged failures of gas turbines in a major middle east power plant.
  • A dispute for a large Russian energy company over the consequences of the termination of a SPA.
  • An arbitration for a European mining and silica manufacturing company in relation to the valuation and accounting treatment of various CEE assets under a SPA.
  • An arbitration for a European bank arising from the exercise of a put and call option in relation to the acquisition of a Serbian listed bank.
  • ABB AG v Hoctief Airport GmbH & Anor [2006] EWHC 388 (Comm).
  • X Limited v Y Limited [2005] EWHC 769 (QB).
  • Multiple arbitrator appointments, typically in the banking, finance, technology, construction, engineering or hospitality sectors.
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Memberships & Roles

  • Head of the CMS Cameron McKenna Nabarro Olswang disputes practice (2017 to date)
  • Former head and co-founder of the CMS International Arbitration Group
  • ICC UK’s Arbitration and ADR Subcommittee (Vice-Chair)
  • ICC Arbitration Commission
  • UK Rapporteur of Task Force on New York Convention, member of editorial committee for Guide to New York Convention - ICC, Court of Arbitration
  • Bingham Development Board
  • Trustee, RCJ Advice
  • International Arbitration Charity Ball Committee (Founder and Honorary Vice-Chair)
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Publications

  • Facing the Future of International Arbitration, Podcast Series (2021)
  • Breathing Space, Concept Note 3, (2020) which was ultimately adopted as The BIICL Guidelines
  • 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

  • 2022 - Africa Arbitration Academy – ‘How (not) to Annoy the Tribunal’
  • 2021 - The Role of Law in Climate Action
  • 2019 - Witness Evidence and Human Memory, London International Disputes Week
    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
more less

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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Feed

08/11/2022
Tech­no­logy Trans­form­a­tion – Me­dia
The me­dia sec­tor is known to be highly com­pet­it­ive, with that com­pet­i­tion driv­ing in­nov­a­tion. Older me­dia busi­nesses have had to grapple with dis­rupt­ive new entrants. And those new entrants are con­stantly work­ing to de­liv­er bet­ter and more en­ga­ging con­tent and user ex­per­i­ences to main­tain their ad­vant­age. Di­git­isa­tion has changed how me­dia com­pan­ies in­ter­act with their audi­ence in ways we could not have ima­gined just a few years ago, but this comes with risk.This re­port is a deep dive in­to the data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 cor­por­ate coun­sel and risk man­agers sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 75 re­spond­ents from the me­dia sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. What did we find? Me­dia is a dy­nam­ic sec­tor and can be an early ad­op­ter of many nov­el tech­no­lo­gies as com­pan­ies push for com­pet­it­ive ad­vant­ages to cre­ate and sat­is­fy cus­tom­er de­mand. As we look to the fu­ture, the sec­tor does seem un­der­prepared in some areas, which is a po­ten­tial cause for con­cern.Down­load the Tech­no­logy Trans­form­a­tion me­dia sec­tor re­port now to read aboutThe prin­cip­al drivers in the ad­op­tion of busi­ness-crit­ic­al tech­no­logy in the me­dia sec­tor­Con­fid­ence in man­aging tech-re­lated risks among seni­or me­dia ex­ec­ut­ivesFu­ture threats from new tech­no­lo­gies like AI and block­chain­Which plans and pro­cesses me­dia com­pan­ies are put­ting in place to pro­tect tech in­fra­struc­ture­Cul­tur­al bar­ri­ers to man­aging tech risks in the me­dia sec­tor­Preferred ap­proaches to dis­pute res­ol­u­tion in the me­dia sec­tor
18/10/2022
Tech­no­logy Trans­form­a­tion – Fin­an­cial Ser­vices
The Fin­an­cial Ser­vices (FS) sec­tor is a lead­er in pro­tect­ing its tech in­fra­struc­ture, re­flect­ing the high de­gree of scru­tiny from reg­u­lat­ors. FS firms are at a tip­ping point, with large in­cum­bents ey­ing smal­ler firms and fintechs for their IP and skills to re­main com­pet­it­ive while con­sid­er­ing up­grades to leg­acy sys­tems. Sim­ul­tan­eously, reg­u­la­tion is chan­ging to re­flect new and emer­ging tech­no­lo­gies and threats.This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 people sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 85 re­spond­ents from the FS sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. This sec­tor is more highly reg­u­lated than most of the oth­er sec­tors sur­veyed, with many his­tor­ic­al tech dis­putes re­lat­ing to reg­u­la­tion. But the fo­cus of reg­u­la­tion is shift­ing, and so are the risks af­fect­ing this sec­tor.Down­load the Tech­no­logy Trans­form­a­tion Fin­an­cial Ser­vices re­port now to read about:Drivers of tech­no­logy ad­op­tion in the fin­an­cial ser­vices sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the fin­an­cial ser­vices sec­tor­Fu­ture risks, in­clud­ing AI and crypto­cur­ren­cies, and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the fin­an­cial ser­vices sec­tor
22/09/2022
Law Com­mis­sion re­leases pro­posed re­forms to Eng­lish Ar­bit­ra­tion Act
For a quarter of a cen­tury, the Ar­bit­ra­tion Act 1996 has been a ma­jor factor in the UK’s status as a lead­ing hub for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion. Today, the Law Com­mis­sion of Eng­land and Wales...
08/09/2022
Tech­no­logy Trans­form­a­tion - Con­sumer Products & Re­tail
Di­git­al­isa­tion has trans­formed how con­sumer products are man­u­fac­tured, dis­trib­uted and sold.The push to main­tain a com­pet­it­ive ad­vant­age, drives in­creased in­vest­ment in new tech­no­lo­gies. This in­vest­ment may re­duce op­er­a­tion­al cost and ease the re­ten­tion of leg­acy sys­tems, but what chal­lenges arise and how do busi­nesses ap­proach the chan­ging risk pro­file?This re­port is a deep dive in­to data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. In the ori­gin­al re­port we sur­veyed over 500 cor­por­ate coun­sel and risk man­agers from mul­tiple in­dus­tries across the world.Here, we look in de­tail at the 75 re­spond­ents sur­veyed in the con­sumer and re­tail sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. Our sur­vey shows that busi­nesses across the sec­tor, wheth­er re­tail­ers or man­u­fac­tur­ers, have the same con­cerns but the in­flu­ences on the ad­op­tion of tech­no­logy, the res­ult­ing risks, and the ap­proaches taken to mit­ig­ate or re­solve those risks vary de­pend­ing on wheth­er or not the busi­ness in­volves a dir­ect sales re­la­tion­ship with the con­sumer.Down­load the con­sumer and re­tail sec­tor re­port now to read about: Drivers of tech­no­logy ad­op­tion in the con­sumer and re­tail sec­torNew risks emer­ging and tra­di­tion­al bar­ri­ers to risk man­age­ment­Cur­rent tech­no­logy risks in the con­sumer and re­tail sec­tor­Fu­ture risks and meas­ures to deal with themPre­ferred ap­proaches to tech­no­logy dis­pute res­ol­u­tion for the con­sumer and re­tail sec­tor
22/08/2022
ICCA 2022
The ICCA 2022 Con­gress, the largest ar­bit­ra­tion con­fer­ence in the world will take place in Ed­in­burgh on 18-21 Septem­ber 2022. CMS Scot­land is de­lighted to sup­port the con­fer­ence as plat­in­um spon­sors. 
04/10/2022
Dis­putes 101: Jur­is­dic­tion and Choice of Law
Wel­come to the Dis­putes 101: CMS Au­tumn We­bin­ar Series for 2022 This series will take place on most Tues­days from 6 Septem­ber – 29 Novem­ber at 2pm - 3pm, tak­ing a short break only for Oc­to­ber half...
04/08/2022
In­ter­na­tion­al ar­bit­ra­tion law and rules in Eng­land and Wales
There is a no­tori­ously high hurdle to over­come in or­der suc­cess­fully to chal­lenge an ar­bit­ra­tion award un­der Eng­lish law. In fig­ures pub­lished by the Com­mer­cial Court in 2018, 112 chal­lenges were brought...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
AI is a key area of growth for cor­por­ates but will bring an in­creased risk of dis­putes The types of dis­putes ex­pec­ted over the next three years are dif­fer­ent to the past three and re­flect de­vel­op­ments...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
27/04/2022
Risk Es­sen­tials We­bin­ar - Lit­ig­a­tion Risk: Key is­sues when ad­vising your...
When ad­vising the board on how to ap­proach lit­ig­a­tion risk, you have to guide them to bal­ance leg­al and com­mer­cial con­sid­er­a­tions. The mer­its of your case need to be weighed against wider com­mer­cial factors...
14/02/2022
Non-party bound by an ar­bit­ra­tion agree­ment and court pro­ceed­ings stayed
In Janu­ary 2022, the Court of Ap­peal in Life­style Equit­ies CV & An­or v Hornby Street (MCR) Ltd & Ors dis­missed an ap­peal against a stay of pro­ceed­ings, made un­der sec­tion 9 of the Ar­bit­ra­tion Act 1996...
25/10/2021
Fa­cing the fu­ture of in­ter­na­tion­al ar­bit­ra­tion
New pod­cast series ex­plor­ing the evolving chal­lenges and in­nov­a­tions of in­ter­na­tion­al ar­bit­ra­tion by the mem­bers of the CMS In­ter­na­tion­al Ar­bit­ra­tion Group