Philippe Kuhn

Philippe’s commercial practice covers a wide range of sectors, principally civil fraud, banking and financial services, international arbitration, energy, oil and gas, insolvency, company and insurance.

His experience spans complex litigation in England and offshore jurisdictions (including the BVI and Gibraltar) and international arbitration under all major institutional rules.

He has particular experience in:

• complex cross-border civil fraud proceedings involving economic tort claims and specialist insolvency legislation (including s423 of the Insolvency Act 1986);
• related jurisdictional, insolvency and interim applications, principally freezing injunction and contempt of court applications;
• ICC, LCIA, SCC and HKIAC arbitration and enforcement proceedings, both in commercial and investor-State arbitrations (including issues of State immunity);
• registration and enforcement of foreign judgments in England, the BVI and Gibraltar;
• banking guarantee enforcement and banking fraud claims;
• company and insolvency disputes concerning creditor recovery, unfair prejudice petitions by shareholders and removal of company directors. 

As junior counsel, Philippe is regularly led by James Ramsden KC of Astraea Group.

He is a member of the:

• Bar of the Eastern Caribbean Supreme Court in the British Virgin Islands.
• Chancery Bar Association (ChBA), serving on the main committee;
• Commercial Bar Association (COMBAR);
• Young Fraud Lawyers Association (YFLA); and 
• Financial Services Lawyers Association (FSLA).

Philippe is also the author of published articles on topical banking and commercial law issues, including:

• ‘Norwich Pharmacal and Bankers Trust orders: a seismic shift?’ (with Ashley Pratt) Solicitors Journal, October 2022.
• 'Quincecare and the liability of receiving banks: the Canadian Story’ (with Anna Lintner) Journal of International Banking & Financial Law, Volume 37, Issue 4, April 2022.
• ‘Negotiating damages after One Step: employment team move and misuse of confidential information cases’ Edinburgh Law Review, Volume 24, Issue 3, September 2020.

Cases of note:

• Stati & Ors v Republic of Kazakhstan & related proceedings (US$500m) - Acting as junior counsel in cross-border proceedings concerning the enforcement of a US$500m SCC arbitration award in the oil and gas sector in multiple jurisdictions (including the Netherlands, Belgium and Luxembourg). Philippe’s involvement includes acting as counsel called ad hoc to the Gibraltar Bar in:
  - related offshore civil fraud proceedings in the Supreme Court of Gibraltar (7-day jurisdiction, abuse of process and strike-out hearing in May 2022: reported decision 2023/GSC/003); and 
  - foreign judgment registration proceedings in the Court of Appeal for Gibraltar (reported decision 2022/GCA/07; currently on further appeal to the Privy Council).

• Investohills Vesta v Petergrow Ltd & Ors (Ch D, €230m) - Acting as junior counsel in €230m civil fraud claim in the Chancery Division arising out of multiple banking facility agreements. Obtained a €110m worldwide freezing injunction against 28 respondents in Ukraine, Cyprus, Poland, Moldova and England. Successfully settled. Reported decision: [2021] EWHC 124 (Ch).
• Singapore banking guarantee dispute (Ch D, US$10m) - Acting as junior counsel in a US$10m cross-border banking guarantee dispute in the Chancery Division against a major international bank. Successfully settled shortly before trial. 
• Russian banking guarantee dispute (Comm Ct, US$6m) - Acting as junior counsel in a US$6m banking guarantee enforcement dispute in the Commercial Court against a Russian state-owned bank.
• Property finance fraud claim (Ch D, £4m) - Acting as junior counsel in a complex £4m property finance civil fraud claim in the Chancery Division involving s423 of the Insolvency Act 1986, common law conspiracy and fraudulent misrepresentation claims. Successfully settled.
• LCIA arbitration - Acting as sole counsel in an LCIA arbitration in the oil & gas sector.
• ICC arbitration - Acting as Tribunal Secretary to a three-member ICC Tribunal in a high-value international commercial arbitration. 
• Contempt of court proceedings (Ch D, US$4m) - Advising as sole counsel in the Chancery Division on discharge of custodial sentences for contempt of court as part of a long-running cross-border commercial contract dispute.
• Quincecare duty banking claim – Advising as sole counsel in potential proceedings under the Quincecare duty against a UK bank arising out of a sophisticated fraud. 
• Arbitration enforcement proceedings (Comm Ct, US$100m) - Assisting as junior counsel in potential Commercial Court enforcement proceedings concerning multiple LCIA awards valued at over US$100m. 
• Arbitration enforcement proceedings (Comm Ct, US$2.5m) - Assisting in contested arbitration enforcement proceedings in the Commercial Court concerning ICC awards in a Swiss-seated arbitration between Chinese and German parties.
• Unfair prejudice and director removal proceedings - Regularly acting for and advising shareholders and directors as sole counsel in relation to unfair prejudice petitions under Section 994 of the Companies Act 2006 and director removal disputes under Section 168 of the Companies Act 2006. 

Philippe’s construction practice covers the full range of construction, energy, technology and residential and commercial property work in international arbitration, the English courts (including the Technology and Construction Court (TCC) and adjudication. As junior counsel, he has been led by Marion Smith KC, Adrian Hughes KC, Karim Ghaly KC and Adam Robb KC.

He has substantial experience in ICC, LCIA, SCC and HKIAC arbitration and award enforcement proceedings.

Philippe is also a co-author of:

• The chapter on construction professionals in Wilmot-Smith on Construction Contracts (4th edition, May 2021) (with Patrick Hennessey).
• ‘Adjudications brought by insolvent companies – An exercise in (f)utility?’ (with Marion Smith KC and David Sawtell) (2020) 31(8) Construction Law 24-26 

Cases of note:

• Offshore construction termination dispute – Acting as junior counsel in a dispute as to unlawful termination of contract arising out of a construction project in an offshore jurisdiction.
• Biofuel power plant dispute - Advising as junior counsel on Covid-19 force majeure events in a contentious dispute in the energy sector concerning a biofuel power plant.
• Residential property development adjudication - Acting as junior counsel in an adjudication concerning a residential property development against an insolvent counterparty.
• HKIAC construction arbitration - Assisting at the trial stage of a Hong Kong seated HKIAC construction arbitration raising issues as to delay, scope of duty, damage to non-parties and limitation.
• Mixed-use development adjudication - Assisting in a multi-million pound construction adjudication concerning façade defects and delay.
• TCC residential property defects claim - Assisting in a high-end TCC (High Court London) residential property defective works claim. Successfully settled.
• Valuation and payment notice dispute - Advising as sole counsel on valuation and payment notice issues under a JCT Minor Works Building Contract 2016 edition.
• RICS expert determinations - Assisting in several high-value expert determinations under the RICS scheme arising out property development and licence disputes.

A significant proportion of Philippe’s commercial and construction practices involves the energy sector. He has particular experience in oil and gas disputes. His experience spans from cross-border court proceedings (including in England, the BVI and Gibraltar) to international arbitration proceedings and advisory work. 

In particular, Philippe has substantial experience in ICC, LCIA, SCC and HKIAC arbitration and enforcement proceedings.

As junior counsel, Philippe has been led by James Ramsden KC of Astraea Group and Karim Ghaly KC. 

Cases of note

• Stati & Ors v Republic of Kazakhstan & related proceedings (US$500m) - Acting as junior counsel in cross-border proceedings concerning the enforcement of a US$500m SCC arbitration award in the oil and gas sector in multiple jurisdictions (including the Netherlands, Belgium and Luxembourg). Philippe’s involvement includes acting as counsel called ad hoc to the Gibraltar Bar in:
  - related offshore civil fraud proceedings in the Supreme Court of Gibraltar (7-day jurisdiction, abuse of process and strike-out hearing in May 2022: reported decision 2023/GSC/003); and 
  - foreign judgment registration proceedings in the Court of Appeal for Gibraltar (reported decision 2022/GCA/07; currently on further appeal to the Privy Council).
• LCIA arbitration - Acting as sole counsel in an LCIA arbitration in the oil & gas sector.
• Biofuel power plant dispute - Advising as junior counsel on Covid-19 force majeure events in a contentious dispute in the energy sector concerning a biofuel power plant.
• Related party transactions advice in oil & gas sector - Advising as junior counsel on potential multi-million dollar related party transactions in the oil and gas sector, including on borrower disclosure obligations.

Philippe maintains an employment practice building on his broad experience of the full range of statutory and commercial employment matters at 11KBW and judicial assistant at the Supreme Court. Philippe is able to assist with both the commercial and employment dimensions of disputes between partners, LLP members and shareholders, as well as joint venture disputes.

He has a particular interest in misuse of confidential information cases and injunctive relief. His article on negotiating damages in such cases post-One Step (Support) Ltd v Morris-Garner [2018] UKSC 20 was published in the autumn 2020 edition of the Edinburgh Law Review – Volume 24, Issue 3.

Philippe is a member of the Employment Law Bar Association (ELBA).

Cases of note

• Police Overtime Claims Litigation (KSO v Commissioner of Police of the Metropolis) (High Court, KBD) - Acting as junior counsel for the successful claimants in test claims against several police authorities in the High Court (KBD) concerning historic pay and leave entitlements under the Police Regulations (led by Martin Westgate KC and Sadie Crapper). Reported decision following 3-week trial: [2022] EWHC 2514 (KB).
• PGA European Tour v Kelly (Court of Appeal) - Acting as junior counsel in this important appeal concerning re-engagement for unfair dismissal in the Court of Appeal (led by David Mitchell). Reported decision: [2021] EWCA Civ 559; [2021] IRLR 575.