Philippe Kuhn

 ‘Extremely knowledgeable, client-friendly, enthusiastic and proactive. Philippe is technically excellent and has a great ability to boil down complex issues to their basic principles, making it easy for clients to decide on a course of action.’ The Legal 500 2024

‘Philippe is a good advocate, very good drafter, and thoroughly absorbs fact and law.’ The Legal 500 2025

Philippe’s commercial practice covers a wide range of areas, principally civil fraud, banking & financial services, asset recovery, crypto and digital assets, offshore trusts, shareholder, company and insolvency disputes.

He is ranked as a Leading Junior in Banking & Finance at the UK Bar by The Legal 500 (2025 edition).

Philippe's experience spans complex litigation in England and offshore jurisdictions (including the BVI, Gibraltar and Jersey) and international arbitration under major institutional rules and ad hoc arbitrations.

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, proprietary injunction and contempt of court applications;
• crypto and digital assets disputes, including in relation to digital token issuance, crypto-denominated lending and exchange insolvency;
• 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 and indemnity enforcement claims;
• banking fraud claims;
• financial spread betting / contracts for difference (CFD) claims;
• wealth management / private banking claims;
• shareholder claims involving unfair prejudice petitions and removal of company directors, including in relation to Tech start-up companies;
• offshore trusts claims, including removal of trustees and trustee indemnification.

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 United States, Netherlands, Belgium, Luxembourg and Sweden). Philippe’s involvement included acting as counsel in:
  (1) 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 appeal to the Court of Appeal for Gibraltar); 
  (2)  foreign judgment registration proceedings in the Court of Appeal for Gibraltar and Privy Council (reported decision 2022/GCA/07; and Privy Council appeal hearing in October 2023); and
  (3)  foreign judgment registration proceedings in the BVI Commercial Court (2-day hearing in March 2024). 
• 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).
• Ready Makers Inc v Macedo & Ors (US$100m) – Acting as junior counsel in a claim concerning the ownership of a token issuer in respect of crypto tokens valued at US$100 million, including discharge of trust preservation and worldwide freezing order before the Supreme Court of Gibraltar and the Court of Appeal for Gibraltar. 
• Robert Tchenguiz v Alvar Financial Services Limited & Entain (£25m) - Acting as junior counsel in a £25m financial spread betting dispute in the Supreme Court of Gibraltar. Appeared as junior counsel in Gibraltar in multiple heavy applications for specific disclosure, amendment of statements of case and security for costs. Successfully settled shortly before 2-week trial. Reported decision: [2023] Gib LR 670.
• Banking arbitration (£20m) - Acting as junior counsel in a £20m London-seated ad hoc arbitration in the wealth management / private banking sector. Successfully settled.
• LCIA arbitration (US$4m) - Acting as sole counsel for the successful claimant in an LCIA arbitration in the oil & gas sector.
• 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 Credit Suisse. Successfully settled shortly before 2-week 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.
• Loan assignment expert opinion - Acting as an English law expert in relation to the validity of a loan assignment in foreign insolvency proceedings. 
• 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.
• Award challenge under s.67/s.68 of Arbitration Act 1996 (Comm Ct) – Acting as sole counsel in a challenge to an LCIA award arising out of a Middle Eastern arbitration under s.67 (jurisdiction) and s.68 (procedural irregularity) of the Arbitration Act 1996.
• 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.
• 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. 
• 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, including in relation to tech start-up companies.

Memberships:

Philippe is a member of the:

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

Publications:

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

• ‘Crypto-denominated Lending and its Perils’ Journal of International Banking Law and Regulation, Volume 40, Issue 2, January 2025.
• ‘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.

‘Extremely knowledgeable, client-friendly, enthusiastic and proactive. Philippe is technically excellent and has a great ability to boil down complex issues to their basic principles, making it easy for clients to decide on a course of action.’ The Legal 500 2024

‘Philippe is a good advocate, very good drafter, and thoroughly absorbs fact and law.’ The Legal 500 2025

Philippe has a substantial practice in banking & financial services and is ranked as a Leading Junior in Banking & Finance at the UK Bar by The Legal 500 (2025 edition).

He has particular experience in complex banking & financial services litigation in the English High Court, offshore jurisdictions (including the BVI and Gibraltar) and in arbitration. Relevant experience includes acting 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;
• banking guarantee and indemnity enforcement claims;
• banking fraud claims; 
• financial spread betting / contracts for difference (CFD) claims; 
• wealth management / private banking claims.

Cases of note:

• 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).
• Robert Tchenguiz v Alvar Financial Services Limited & Entain (£25m) - Acting as junior counsel in a £25m financial spread betting dispute in the Supreme Court of Gibraltar. Appeared in multiple heavy applications for specific disclosure, amendment of statements of case and security for costs. Successfully settled shortly before 2-week trial. Reported decision: [2023] Gib LR 670.
• Banking arbitration (£20m) - Acting as junior counsel in a £20m London-seated ad hoc arbitration in the wealth management / private banking sector. Successfully settled.
• 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 Credit Suisse. Successfully settled shortly before 2-week 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.
• Loan assignment expert opinion - Acting as an English law expert in relation to the validity of a loan assignment in foreign insolvency proceedings. 
• 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. 

Memberships:

Philippe is a member of the:

• Bar of the Eastern Caribbean Supreme Court in the British Virgin Islands (the BVI Bar).
• Commercial Bar Association (COMBAR); and
• Financial Services Lawyers Association (FSLA).

Publications:

Philippe is the author of published book chapters and articles on topical banking & financial services law issues, including:

• ‘Crypto-denominated Lending and its Perils’ Journal of International Banking Law and Regulation, Volume 40, Issue 2, January 2025.
• Contributor to The Law of Net Zero and Nature Positive (1^st edition, 2025), co-authoring the chapter on the role of finance (with Juan Lopez and Joe-han Ho).
• ‘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.

Philippe has a busy international arbitration practice as both counsel and tribunal secretary. 

Philippe has substantial experience in arbitrations under the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) and Stockholm Chamber of Commerce (SCC) Rules as well as ad hoc arbitrations and cross-border enforcement proceedings.

His international arbitration practice spans multiple sectors from commercial disputes to heavy construction & energy arbitrations. His experience of contested award enforcement actions in the Commercial Court in London and in other jurisdictions, including the United States, the Netherlands, Belgium, Luxembourg and Sweden, is particularly notable. He acted as junior counsel in the long-running enforcement proceedings in Stati & Ors v Republic of Kazakhstan from 2021-24.

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 United States, the Netherlands, Belgium, Luxembourg and Sweden). Philippe’s involvement included acting as counsel in:
  (1) 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 appeal to the Court of Appeal for Gibraltar); 
  (2) foreign judgment registration proceedings in the Court of Appeal for Gibraltar and Privy Council (reported decision 2022/GCA/07; and Privy Council appeal hearing in October 2023); and
  (3) foreign judgment registration proceedings in the BVI Commercial Court (2-day hearing in March 2024).
• Middle East construction infrastructure arbitration (US$1.5 billion) – Acting as junior counsel in a high-value construction arbitration concerning termination, delay and consequential losses arising out a major infrastructure project in the Middle East. 
• Banking arbitration (£20m) – Acting as junior counsel in a £20m London-seated ad hoc arbitration in the wealth management / private banking sector. Successfully settled.
• LCIA arbitration (US$4m) – Acting as sole counsel for the successful claimant in an LCIA arbitration in the oil & gas sector.
• ICC arbitration (US$300m) – Acting as Tribunal Secretary to a three-member ICC Tribunal in a high-value and complex international commercial arbitration.
• Award challenge under s.67/s.68 of Arbitration Act 1996 (Comm Ct) – Acting as sole counsel in a challenge to an LCIA award arising out of a Middle Eastern arbitration under s.67 (jurisdiction) and s.68 (procedural irregularity) of the Arbitration Act 1996.
• 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.

Philippe’s construction and energy 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. He has particular experience of commercial law issues arising in construction and energy disputes.

Cases of note:

• Middle East construction infrastructure arbitration (US$1.5 billion) - Acting as junior counsel in a high-value construction arbitration concerning termination, delay and consequential losses arising out a major infrastructure project in the Middle East. (led by Adam Robb KC)
• LCIA arbitration (US$4m) - Acting as sole counsel for the successful claimant in an LCIA arbitration in the oil & gas sector.
• Offshore construction termination dispute - Acting as junior counsel in a dispute as to unlawful termination of contract arising out of a construction project in Jersey. (led by Adrian Hughes KC)
• 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. (led by Karim Ghaly KC)
• Residential property development adjudication - Acting as junior counsel in an adjudication concerning a residential property development against an insolvent counterparty. (led by Marion Smith KC)
• HKIAC construction arbitration - Assisting at the trial stage of an HKIAC construction arbitration raising issues as to delay, scope of duty, damage to non-parties and limitation.
• 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.
• 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 residential property defective works claim in the TCC (High Court London).
• 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.

Publications:

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