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Portrait ofGuy 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

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Technology Transformation - Life Sciences & Healthcare
The Life Sciences and Healthcare Sector is highly tech­no­logy-driv­en and an increasingly dynamic approach is taken when adopting busi­ness-crit­ic­al technologies. This sector’s above-average uptake in technology is reflected in its prioritisation of measures against IT failure. However, the sector is often underprepared for technology risks, with many businesses still not having processes in place to manage key risks despite current and future concerns around disputes arising from this area. 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 75 respondents from the Life Sciences and Healthcare sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. Download the Technology Transformation Life Sciences and Healthcare report now to read about:Drivers of technology adoption in the Life Sciences and Healthcare sectorNew risks emerging and traditional barriers to risk man­age­ment­Cur­rent technology risks in the Life Sciences and Healthcare sectorFuture risks, including IP concerns and AIPreferred approaches to technology dispute resolution for the Life Sciences and Healthcare sector
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Law Commission Releases Second Consultation Paper in Relation to the Arbitration...
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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
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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...
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...
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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