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Guy Pendell

Partner

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 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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31 January 2020
The With­draw­al Agree­ment: What does it mean for dis­pute res­ol­u­tion clauses?
The With­draw­al Agree­ment: What does it mean for dis­pute res­ol­u­tion clauses? Pub­lic­a­tion from CMS. Find out more.
06 October 2020
Dis­putes 101: Jur­is­dic­tion and Choice of Law
It is be­com­ing in­creas­ingly es­sen­tial for in-house law­yers and non-law­yers at all levels to have an un­der­stand­ing of the dis­putes pro­cess.  Our new Dis­putes 101 we­bin­ar series will cov­er fun­da­ment­al as­pects of the dis­putes pro­cess and aims to help im­prove
10 August 2020
Are good faith ar­gu­ments in the avi­ation in­dustry really tak­ing off?
The avi­ation in­dustry is in a peri­od of great un­cer­tainty at present. The ef­fects of glob­al “lock­down” meas­ures in re­sponse to the COV­ID-19 pan­dem­ic have had dire fin­an­cial im­plic­a­tions for the in­dustry,...
21 March 2019
CMS Fin­an­cial In­sti­tu­tions Op­er­a­tion­al Re­si­li­ence Re­port
Down­load the full re­port to read about the key is­sues that were dis­cussed dur­ing the pan­el ses­sions and that are likely to arise for fin­an­cial in­sti­tu­tions.
15 July 2020
Risk Es­sen­tials: Con­trac­tu­al ob­lig­a­tions: de­vel­op­ing the New Nor­mal
In this we­bin­ar we will be look­ing ahead to what the New Nor­mal for con­tract ob­lig­a­tions may look like after the COV­ID19 crisis, with a par­tic­u­lar fo­cus on good faith con­cepts emer­ging un­der Eng­lish con­tract law. 
21 July 2020
Ground­ing the flight of good faith in com­mer­cial con­tracts?
In­tro­duc­tion On 10 Ju­ly 2020, the High Court de­livered its judg­ment in the case of Cathay Pa­cific Air­ways Lim­ited v Lufthansa Tech­nik AG [2020] EWHC 1789 (Ch), which con­cerned a dis­pute between two com­mer­cial...
21 March 2019
CMS In­ter­na­tion­al Dis­putes Con­fer­ence 2018 Re­port
CMS held its In­ter­na­tion­al Dis­putes Con­fer­ence, with a range of cli­ent pan­els from high pro­file in­dustry-lead­ing com­pan­ies dis­cuss­ing top­ics around the theme of ‘Risk, Re­si­li­ence and Repu­ta­tion’. Down­load our re­port to read our sum­mary and the key themes
20 July 2020
ICC 2019 Stat­ist­ics Re­port: trends and growth areas
In­tro­duc­tion On 15 Ju­ly 2020, the In­ter­na­tion­al Cham­ber of Com­merce (the “ICC”) pub­lished its an­nu­al Dis­pute Res­ol­u­tion Stat­ist­ics Re­port for 2019 (the “Re­port”), set­ting out de­tailed fig­ures...
11 January 2017
Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
14 July 2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
05/02/2015
CMS strengthens In­ter­na­tion­al Ar­bit­ra­tion and En­ergy of­fer­ing with key...
CMS is pleased to an­nounce the ad­di­tion of part­ner Pieter Bek­ker to the firm­'s In­ter­na­tion­al Ar­bit­ra­tion prac­tice. He also has sig­ni­fic­ant ex­pert­ise in the en­ergy sec­tor and brings with him a num­ber of strong cli­ent re­la­tion­ships.
17 April 2020
Vir­tu­al hear­ings: are they really the an­swer?
This is the second in a series of art­icles ex­plor­ing non-tra­di­tion­al ap­proaches that parties and tribunals may ad­opt in or­der to al­low ar­bit­ra­tions to pro­ceed, both in the short-term, in a world where...