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Portrait of Richard Bamforth

Richard Bamforth

Partner
Head of Arbitration Group

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, French, German
Commercial Disputes

Richard is a highly experienced commercial disputes lawyer.

He has a pragmatic, commercial approach to the resolution of disputes and his clients benefit from his advice and experience in formulating creative strategies at all stages of their disputes. In his 25 year career, he has represented clients in disputes across a wide range of sectors and spanning all the major jurisdictions.

Richard advises clients in bringing and defending claims for breach of contract, shareholder and corporate disputes, debt claims and asset tracing. His primary focus is the resolution of complex cross border disputes in the media, finance, energy and telecommunications sectors. He is currently acting for clients in the TMC, Real Estate, Lifesciences and Infrastructure sectors.

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"gets to issues quickly and deals with them – he is pragmatic and definitive because he really understands the issues."

Chambers 2017

Richard is described as having "experience leading challenging commercial disputes" and being "reliable and good with clients".

Legal 500 2016 and Chambers 2017

Relevant experience

  • Saad Trading and Financial Services Company and Maan Al Sanea on a number of pieces of high value High Court litigation against financial institutions and business counterparties.
  • A Central European based shareholder on a joint venture dispute before the Courts of an offshore jurisdiction over rights of access to information.
  • A high net worth individual on High Court proceedings against a financial institution in respect of foreign exchange transactions.
  • High Court appointed receivers on proceedings regarding the assets over which they are appointed, following the making of an arbitration award.
  • A US based food and drink wholesaler on a shareholder dispute over ownership of subsidiaries and licensing rights.
  • Essar Steel India Limited on High Court proceedings arising out of Indian debt restructuring process.
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Memberships & Roles

  • London Court of International Arbitration.
  • International Bar Association Arbitration Committee.
  • International Council for Commercial Arbitration (“ICCA”).
  • Arbitration Ireland.
  • Kuala Lumpur Regional Centre for Arbitration - arbitration panel member.
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Publications

  • Contributor to Lexis-PSL Arbitration (The Award: TMT Disputes 2016)
  • Insolvency and Arbitration (Insolvency Intelligence 2016)
  • Dallah v Government of Pakistan (IBA Arbitration News)
  • A Reasonable Opportunity to Present One’s Case (ASA Bulletin)
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Lectures list

  • 2016 - Arbitration and insolvency (CPD Cast).
  • 2014 - “The general duty of the Tribunal - recent judicial thinking” (ICC Annual Arbitration Conference).
  • 2011 - Arbitrator independence (Lexis Nexis Conference).
  • 2011 - Conflict & bias (Fountain Court Chambers Seminar).
  • 2011 - Independence and impartiality in Selecting Arbitrators (CPD Cast).
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Education

  • 1988 - Law Society's Finals, Bristol Polytechnic
  • 1987 - LLB Law, King's College, London
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International Arbitration

Richard specialises in international commercial arbitration, commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors.

He has represented clients in arbitrations conducted under all the major institutional rules (ICC, LCIA, UNCITRAL) and other ad hoc arbitrations.  He also sits as an arbitrator (as sole arbitrator and as member of tribunals), appointed direct by parties and by the arbitral institutions, and is accredited as a mediator by the Centre for Effective Dispute Resolution (CEDR).  He regularly writes about and speaks on topics of current interest in the international arbitration world.

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"incredibly pragmatic" and someone "who gets to the issues very quickly and deals with them."

Chambers

"user friendly."

Legal 500

Relevant experience

  • A UK based provider of technical services on an ICC arbitration with a former CIS state arising out of a contract for the provision of digital television services in that state.
  • A European financial institution on a claim for breach of warranty arising out of the sale of a bank, referred to LCIA arbitration.
  • A leading UK media company on a licensing dispute conducted under the Rules of the European Court of Arbitration.
  • A commodities trading company on an ICC arbitration regarding the sale and delivery of minerals in Kazakhstan.
  • A Middle Eastern industrial group on an ICC arbitration in relation to default under derivatives trading contracts.
  • A major internet services supplier on an ICC arbitration regarding earn-outs due following an acquisition (including acting as advocate in a 7 day hearing).
  • An Internationally renowned supplier of technology goods and services on an ICC arbitration concerning the supply of a faulty product.
  • UK based media company on an LCIA arbitration regarding the termination of a contract for the supply of print services.
  • An investor in oil exploration ventures on an LCIA arbitration over drilling rights in the Middle East.
  • An Asian industrial conglomerate on an LCIA arbitration relating to exercise of pre-emption rights in shares in a telecoms company.
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Memberships & Roles

  • London Court of International Arbitration.
  • International Bar Association Arbitration Committee.
  • International Council for Commercial Arbitration (“ICCA”).
  • Arbitration Ireland.
  • Kuala Lumpur Regional Centre for Arbitration - arbitration panel member.
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Publications

  • Contributor to Lexis-PSL Arbitration (The Award: TMT Disputes 2016)
  • Insolvency and Arbitration (Insolvency Intelligence 2016)
  • Dallah v Government of Pakistan (IBA Arbitration News)
  • A Reasonable Opportunity to Present One’s Case (ASA Bulletin)
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Lectures list

  • 2016 - Arbitration and insolvency (CPD Cast).
  • 2014 - “The general duty of the Tribunal - recent judicial thinking” (ICC Annual Arbitration Conference).
  • 2011 - Arbitrator independence (Lexis Nexis Conference).
  • 2011 - Conflict & bias (Fountain Court Chambers Seminar).
  • 2011 - Independence and impartiality in Selecting Arbitrators (CPD Cast).
more less

Education

  • 1988 - Law Society's Finals, Bristol Polytechnic
  • 1987 - LLB Law, King's College, London
more less

Feed

04/11/2021
No coun­ter­claim or Part 20 claim avail­able in pro­ceed­ings to en­force an...
The Com­mer­cial Court in Lon­don has ruled that a re­spond­ent in pro­ceed­ings to en­force an ar­bit­ra­tion award can­not bring a coun­ter­claim against the ap­plic­ant in the same pro­ceed­ings. The re­spond­ent’s...
03/11/2021
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...
29/10/2021
UK Su­preme Court judg­ment provides fur­ther guid­ance on the gov­ern­ing law...
On 27 Oc­to­ber 2021, the UK Su­preme Court handed down judg­ment in Kabab-Ji Sal (Le­ban­on) v Kout Food Group (Kuwait) [2021] UK­SC 48, de­liv­er­ing fur­ther guid­ance to com­mer­cial parties and ar­bit­ra­tion prac­ti­tion­ers...
27/10/2021
Ad­miss­ib­il­ity versus jur­is­dic­tion: pre-con­di­tions in ar­bit­ra­tion agree­ments
In NWA and oth­ers v NVF and oth­ers [2021] EWHC 2666 (Comm), the Com­mer­cial Court dis­missed an ap­plic­a­tion un­der sec­tion 67(1)(a) of the Ar­bit­ra­tion Act 1996 to set aside an award on the basis that non-com­pli­ance...
28/07/2021
All’s fair in foot­ball and ar­bit­ra­tion: Court of Ap­peal or­ders pub­lic­a­tion...
The re­cent judg­ment handed down by the Court of Ap­peal (the “CoA”) in Manchester City Foot­ball Club Ltd v The Foot­ball As­so­ci­ation Premi­er League Ltd & Oth­ers [2021] EW­CA Civ 1110 saw the Court of...
04/06/2021
Anti-suit In­junc­tions – The Eng­lish court con­tin­ues to ad­opt a pro-ar­bit­ra­tion...
Two re­cent de­cisions have un­der­scored the Eng­lish court’s read­i­ness to grant anti-suit in­junc­tions to en­force agree­ments for Lon­don-seated ar­bit­ra­tion. In VTB Bank PJSC v Me­jlumy­an [2021] EWHC 1386...
12/03/2021
ICC re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion
In Novem­ber 2020, the ICC’s Task Force on Max­im­ising the Pro­bat­ive Value of Wit­ness Evid­ence (the “Task Force”) pub­lished a re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion...
07/01/2021
[M]is­takes will oc­cur even in the prac­tices of the best of ar­bit­rat­ors
In a rare ex­ample of a suc­cess­ful chal­lenge un­der sec­tion 68 of the Ar­bit­ra­tion Act 1996, in Doglemor Trade Lim­ited and Oth­ers v Caledor Con­sult­ing Lim­ited and Oth­ers [2020] EWHC 3342 (Comm) the Eng­lish...
30/11/2020
UK Su­preme Court gives judg­ment in Hal­libur­ton v Chubb: crit­ic­al guid­ance...
On 27 Novem­ber 2020, the UK Su­preme Court handed down judg­ment in the land­mark case of Hal­libur­ton v Chubb [2020] UK­SC 48, which has been keenly awaited by the in­ter­na­tion­al ar­bit­ra­tion com­munity. The...
26/10/2020
Ar­bit­ra­tion and for­eign bank­ruptcy pro­ceed­ings: the Eng­lish court’s pro-ar­bit­ra­tion...
The Eng­lish courts are known for be­ing pro-ar­bit­ra­tion. In the re­cent case of River­rock Se­cur­it­ies Lim­ited v In­ter­na­tion­al Bank of St Peters­burg (Joint Stock Com­pany) [2020] EWHC 2483 (Comm) the Eng­lish...
12/10/2020
UK Su­preme Court con­firms the Eng­lish law ap­proach to identi­fy­ing the gov­ern­ing...
On 9 Oc­to­ber 2020, the UK Su­preme Court handed down judg­ment in a sig­ni­fic­ant ar­bit­ra­tion case con­cern­ing the gov­ern­ing law of ar­bit­ra­tion agree­ments and the Eng­lish courts’ abil­ity to grant anti-suit...
13/08/2020
Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...