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’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 claims;
• 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);
• Bar Council’s Overseas Territories Working Group; 
• 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 United States, Netherlands, Belgium, Luxembourg and Sweden). Philippe’s involvement includes acting as counsel called ad hoc to the Gibraltar Bar and called to the BVI 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; currently on appeal to the Court of Appeal for Gibraltar); 
  - foreign judgment registration proceedings in the Court of Appeal for Gibraltar (reported decision 2022/GCA/07; currently on appeal to the Privy Council); and
  - foreign judgment registration proceedings in the BVI Commercial Court. 

• 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 Credit Suisse. 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 (US$4m) - 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:

• Middle East construction arbitration – 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. 
• 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.
• 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 an 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 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.

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

He has substantial experience in International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC) and Hong Kong International Arbitration Centre (HKIAC) arbitration and award 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 acts as junior counsel in the long-running enforcement proceedings in Stati & Ors v Republic of Kazakhstan. 

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 includes acting as counsel called ad hoc to the Gibraltar Bar and called to the BVI 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; currently on appeal to the Court of Appeal for Gibraltar); 
  - foreign judgment registration proceedings in the Court of Appeal for Gibraltar (reported decision 2022/GCA/07; currently on appeal to the Privy Council); and
  - foreign judgment registration proceedings in the BVI Commercial Court. 
• LCIA arbitration (US$4m) – 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. 
• Middle East construction arbitration – 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. 
• 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.
• 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.
   

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 and advisory work. 

In particular, Philippe has substantial experience in ICC, LCIA, SCC and HKIAC arbitration and award 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 United States, Netherlands, Belgium, Luxembourg and Sweden). Philippe’s involvement includes acting as counsel called ad hoc to the Gibraltar Bar and called to the BVI 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; currently on appeal to the Court of Appeal for Gibraltar); 
  - foreign judgment registration proceedings in the Court of Appeal for Gibraltar (reported decision 2022/GCA/07; currently on appeal to the Privy Council); and
  - foreign judgment registration proceedings in the BVI Commercial Court.
• LCIA arbitration (US$4m) - 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.