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Tim Hardy FCIArb

Independent Arbitrator and Mediator

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
United Kingdom
Languages English

Tim Hardy is a consultant of CMS‘ Commercial Litigation Team in London and deals primarily with disputes concerning finance, commerce, professional negligence, product and corporate reputations.

He is a Solicitor-Advocate (Higher Courts Civil).  He is a member of CEDR Select and the ICAEW’s Mediation Panels and a fellow of the Chartered Institute of Arbitrators and Chair of the Institute’s Practice & Standards Committee.  He is a member of LexisNexis’ Dispute Resolution Editorial Board.

Tim’s experience as a litigator, mediator an arbitrator covers a wide range of complex commercial and contractual disputes.

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Relevant experience

  • A private equity fund in an ICSID arbitration against the State of Montenegro, seat in Paris
  • A group of investors in an UNCITRAL arbitration against a Middle Eastern state for the wrongful release of milestone payments from a security escrow account
  • Acting for a financial institution in an expert determination over the value of book debts and an earn out provision in an asset sale agreement involving parties in central and eastern Europe
  • An Eastern European manufacturer in an ICC arbitration with the seat in London concerning the acquisition of liabilities under a revolving credit facility used to finance the purchase of raw materials secured on finished product which had never been manufactured
  • A claim by a Private Equity Fund against a consortium of investors who acquired rights to shares in an acquisition target during a hostile take over bid that failed
  • A Private Equity Fund against claims by an Action Group of institutional investors of misrepresentation in a Private Placement Memorandum and breach of mandate in relation to the Investment Policy in a Limited Partnership Agreement
  • A Spanish purchaser of commodities from a French vendor in an LLMA arbitration concerning pricing
  • The world’s largest ship broker in claims brought by two Russian State owned shipping companies concerning allegations of a conspiracy to defraud through bribery, secret commissions and the sale of vessels at an undervalue
  • Five VCT's in a claim against an Investment Bank for breach of a discretionary mandate to invest in assets with a low-risk investment profile with the express objective of preserving capital and generating annual returns in excess of those available from short-term cash deposits
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  • LLB, FCIArb
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  • An Accredited Mediator, ADR group and CEDR
  • Solicitor-Advocate (Higher Courts Civil)
  • Non-Executive Director, CEDR
  • Member, CPR European sub-committee on arbitration
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Show only
13 January 2017
Ship­ping & Mari­time 2016
12 Jul 18
Anti-suit in­junc­tion gran­ted to re­strain chal­lenge in Pakistan 
Dis­putes arising between Pakistani parties, out of a series of con­tracts gov­erned by the law of Pakistan, were re­ferred to ar­bit­ra­tion in Eng­land. The Gov­ern­ment of Pakistan ob­tained in­junc­tions in Lahore...
11 January 2017
Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
05 Apr 18
Can de­fect­ive ar­bit­ra­tion clauses be cured by im­ply­ing a cor­rec­ted...
The Com­mer­cial Court re­cently con­sidered a pe­cu­li­ar chal­lenge to two par­tial fi­nal awards un­der sec­tion 67 of the Ar­bit­ra­tion Act 1996 based on evid­ence that neither the Ap­plic­ant nor the Re­spond­ent were...
Africa - Nav­ig­at­ing risk
The chan­ging face of Africa - How in­vestors are de­ploy­ing...
01 Mar 18
The new dis­clos­ure pi­lot is a once-in-a- gen­er­a­tion op­por­tun­ity to...
The con­sulta­tion on the pro­posed two-year pi­lot of a new dis­clos­ure prac­tice dir­ec­tion closed on Wed­nes­day 28 Feb­ru­ary. The pro­posed pi­lot is ex­tremely broad, ap­ply­ing to all claims in the Busi­ness and...
01 Dec 17
Send­ing no­tice of ar­bit­ra­tion by email to a ju­ni­or em­ploy­ee is not...
In the Com­mer­cial Court Popplewell J re­cently con­sidered an ap­plic­a­tion to set aside a fi­nal ar­bit­ra­tion award of a sole ar­bit­rat­or un­der sec­tion 72 of the Ar­bit­ra­tion Act 1996. The Ap­plic­ant did not...
07 Nov 17
Will there be an in­crease in chal­lenges to ar­bit­ral awards on grounds...
Al­though this re­port relates to a purely mari­time dis­pute, as to the cor­rect in­ter­pret­a­tion of a par­tic­u­lar clause used in a Charter Party Agree­ment, it is of gen­er­al in­terest as per­mis­sion to chal­lenge...
03 Nov 17
Ju­di­ciary pro­poses pi­lot to test a new ‘im­proved’ dis­clos­ure re­gime
A work­ing group chaired by Lady Justice Gloster has pub­lished a com­pletely re­writ­ten prac­tice dir­ec­tion on dis­clos­ure to be pi­loted over two years, be­gin­ning in the second quarter of 2018. The pro­posed...
02 Nov 17
Sting­ing ju­di­cial cri­ti­cism, loss of con­fid­ence and er­rors of law...
In 2002 a dis­pute star­ted when a part­ner left a firm of ac­count­ants to set up his own prac­tice. Nu­mer­ous dis­putes arose between the firm and the part­ner re­lat­ing to the bal­ance in the former part­ner’s...
31 Oct 17
Be­ware Con­flict­ing Gov­ern­ing law pro­vi­sions in Con­tracts and Guar­an­tees
Dis­putes between an em­ploy­er and a con­sor­ti­um of con­tract­ors in a con­tract for the ex­pan­sion of the Panama Canal be­came the sub­ject of sev­er­al ICC ar­bit­ra­tions seated in Miami. The con­tract was sub­ject...
20 Oct 17
CJC re­port re­com­mends more use of com­puls­ory me­di­ation
The Civil Justice Coun­cil Work­ing Group on ADR has de­cided against re­com­mend­ing com­puls­ory me­di­ation as a pre-con­di­tion of bring­ing or pro­gress­ing all civil lit­ig­a­tion. In­stead, it pro­poses a more se­lect­ive...