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Portrait of Richard Bamforth

Richard Bamforth

Partner
Head of the CMS International Arbitration Group

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Place - 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
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Feed

31/10/2023
CMS at the Seoul ADR Festival
Emergency arbitration: No longer a novelty but is it effective?
07/09/2023
Law Commission issues final report on Reforms to Arbitration Act 1996
On 6 September, the Law Commission of England and Wales released its final report on the Arbitration Act 1996 (the “Act”). The report is the culmination of over two years of review, including two...
05/09/2023
CMS Disputes 101 - Autumn Webinar Series 2023
CMS’ popular Disputes 101 annual webinar series returns in Autumn 2023. This series will take place over 11 weeks, every Tuesday from 5 September – 28 November at 2pm - 3pm. Partners and as­so­ci­ates...
11/08/2023
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...
26/06/2023
In­ter­na­tion­al Disputes Digest - 2023 Summer Edition
We are pleased to present the summer edition of the In­ter­na­tion­al Disputes Digest, our bi-annual publication bringing essential news and analysis on the latest trends in dis­pute-res­ol­u­tion around the world.There are many crises and problems that continue to complicate global business. These include inflation, particularly in the energy sector, as the EU and other regions struggle to wean themselves from Russian natural gas and oil. There is also the US debt crisis, which has weakened in­ter­na­tion­al confidence in the economy and distracted Washington from pressing issues, such as its relationship with China and the on-going war in the Ukraine. We hope that the articles in this digest provide readers with the know-how and tools to help them resolve any disputes or setbacks they may face.In this edition, we feature a range of articles from around the world on topics such as ESG litigation, the financial impact of cy­ber-at­tacks on businesses, post-merger disputes, the use of arbitration in resolving M&A-related issues, and how disputes can be managed in digital trade trans­ac­tions. We also explore the reasons behind a wave of class action lawsuits in Portugal, the influence of personal re­la­tion­ships among arbitrators on disclosure, recusal, or appeals, and the 'without prejudice' principle, amongst other matters.We hope that you enjoy reading these articles and please do not hesitate to contact us should you wish to discuss any issues in relation to them.  
05/05/2023
Serious ir­reg­u­lar­ity: English High Court reaffirms high bar for chal­len­ging...
The English High Court has considered the scope of challenges to awards for serious irregularity on the ground that the arbitral tribunal failed in its duty to act fairly. The Court held that there was...
29/03/2023
Join CMS at the Paris Arbitration Week
CMS session followed by drinks reception
29/03/2023
Law Commission Releases Second Consultation Paper in Relation to the Ar­bit­ra­tion...
The Law Commission of England and Wales has released its second consultation paper regarding potential revisions to the Arbitration Act 1996. In contrast to the First Consultation Paper issued in September...
20/03/2023
UK Announces it will become a party to the Singapore Convention on Mediation
It has been announced that the UK will become a party to the United Nations Convention on In­ter­na­tion­al Settlement Agreements Resulting from Mediation (the “Singapore Con­ven­tion”), as an “im­port­ant...
25/01/2023
The Midnight Clause? Why dispute resolution, choice of law and choice of...
A common complicating issue with contractual disputes is the in­ter­pret­a­tion and im­ple­ment­a­tion of the boilerplate clauses in the contract that relate to how such disputes are to be conducted and re­solved.These...
10/01/2023
Top 10 Questions asked by Corporate Counsel considering Third Party Funding...
Third Party Funding is where a commercial funder agrees to cover some or all of the legal fees and expenses incurred by a party (usually a claimant) in relation to a dispute. In return, if the party is successful in the dispute, the funder will receive a return on its investment, usually a share of the sums recovered (often calculated as either, or a combination of, a multiple of its investment or a percentage of the amount recovered), plus, as a priority, repayment of the amount paid out. Third Party Funding is becoming of increasing interest to businesses as a source of capital to finance and offset the risk of disputes they are involved in. In this flash briefing, we answer 10 of the most frequently asked questions corporate counsel have about Third Party Funding.*The answers in this document reflect the approach taken by Omni Bridgeway and industry best practice. Due diligence should be conducted on any specific funder in respect of their approach to the same.foot­note­Watch Third Party Funding video series
03/01/2023
How Separate is Separate? Court of Appeal clarifies the scope of the Separ­ab­il­ity...
Summary The Court of Appeal has clarified the application and scope of the fundamental principle that an arbitration agreement is treated as a separate agreement to the agreement in which it is in­cor­por­ated...