Litigation & Arbitration
Litigation & Arbitration
Christian Toms is a member of Brown Rudnick’s International Litigation and Arbitration team. He has experience in a wide range of disputes, with a particular interest in investment banking and funds matters and other complex financial disputes, as well as director/shareholder and joint venture disputes and White Collar matters. Chris acts for a diverse group of international clients, having previously acted for and against investment banks, hedge funds, pension funds and other investors, as well as individuals, technology, construction and pharmaceutical companies. He regularly acts in intra-corporate disputes on behalf of directors and/or shareholders, and has advised on numerous matters arising out of the last financial crisis. Chris also has experience in confidential applications for privacy injunctions, and competition law related matters.
Chris is recommended by the Legal 500 (2016) for the areas of Commercial Litigation and Banking Litigation: Investment and Retail. Chris is also named in the London Super Lawyers List for the area of Commercial Litigation, and has featured each year since the List launched in 2013. Chris has been described as “tenacious” (Legal 500, 2015) and “attuned to clients’ interests” (Legal 500, 2014) and “noted for his helpfulness and intelligence” (Chambers UK, 2013). He was also a lead member of the “pugnacious and effective“ Brown Rudnick team who acted for a Dutch pension fund against Goldman Sachs (Legal 500, 2014).
Before joining Brown Rudnick, Chris was an associate barrister with the then Lovells LLP. Prior to that, he spent a number of years as a tenant in London chambers working as a criminal barrister, defending and prosecuting in a wide variety of cases.
In addition to fee earning work Chris has a keen interest in pro bono and plays an active role in supporting the Firm’s initiatives in this area.
- Advising a Cayman based Investment manager in respect of holdings in an Irish listed company and related litigation proceedings before the Irish High Court.
- Advising an investment fund in respect of disputed contractual entitlements under Notes acquired pursuant to the terms of a CMBS issue.
- Acted for a client in urgent injunctive proceedings in respect of proceedings involving Rhode Island, New York, US Federal Bankruptcy, and English law.
- Advised on potential Judicial Review proceedings against the Welsh Assembly and Welsh Audit Office.
- Acted in proceedings brought by a client in the textile industry for repudiatory breach of a services contract.
- Acted for a Founder shareholder of an online beauty business in respect of a share value dispute with fellow shareholders/directors.
- Advised a US fund in relation to hybrid instruments issued in Italy.
- Advised a client with operations in Russia in respect of a franchise dispute with a global fast-food brand. The matter is governed by ICC arbitration and involves consideration of the impact of geopolitical events in Russia and Ukraine.
- Acted for a shareholder/director of a global pharmaceutical business with operations in India, Europe and the US, in relation to a joint venture dispute with fellow shareholder/directors.
- Acted for Dutch pension fund, Pensioenfonds Vervoer, and related parties, in a professional negligence claim against Goldman Sachs Asset Management International for damages in the region of €250 million. (Stichting Bedrijfstakpensioenfonds Voor Het Beroepesvervoer Over de Weg & Ors. v Goldman Sachs Asset Management International Limited)
- Advised a US fund in relation to potential claims under a trade confirmation against an Icelandic Bank and an international Investment Bank.
- Acted for an Austrian Investment firm in dispute with a US Bank arising out of a high grade CDO transaction.
- Acted for various individuals in connection with derogatory and defamatory statements posted by various other individuals on online bulletin boards.
- Regularly act for AIM listed entities and their related group companies in connection with commercial disputes and internal Director/Shareholder matters.
- Appeared as co-counsel in an LCIA arbitration on behalf of an LLP in dispute with one of its members over termination rights.
- Acted for an entity with specific territorial rights to a global food franchise brand, in dispute with certain of its shareholders and an international investment bank.
- Acted for Noteholders in ‘tranche warfare’ proceedings before the English High Court, Court of Appeal and Supreme Court concerning the ‘balance sheet insolvency test’ and English securitisations. (BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc & Ors)
- Acted in a joint venture dispute subject to ICC arbitration in Vienna involving various jurisdictions including the BVI, Croatia and Malta.
- Advised an investment fund in respect of a potential Cayman dispute arising out of a purported in specie redemption.
- Acted for a Middle Eastern based family investment vehicle in a dispute with a global investment bank arising from losses suffered through investments in a hedge fund portfolio.
- Acted for an Investment Bank in a contractual claim for recovery of an acquisition success fee.
- Acted for a Canadian mining company in a HKIAC arbitration dispute with its Chinese joint venture partner over an energy project in Botswana.
- Acted for one of the largest Coal producers in the world in a joint venture dispute relating to a mining project in Mongolia.
- Acted for a leading car insurance brand in a joint venture dispute with its partner, a leading UK food retailer.
- Acted for IPCO (Nigeria) Limited in a matter involving proceedings in the English High Court, Court of Appeal and House of Lords concerning the enforcement of a New York
- Convention arbitration award, valued at over US$200 million, obtained by IPCO in Nigeria in late 2004. (IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation (NNPC))
- Acted for one of the construction companies responsible for upgrading key parts of the London underground rail network in an £11 million claim that went to adjudication.
- Advised a company involved in running global Motor Sport events on the defense of a threatened claim in the region of €2-3 million.
PUBLICATIONS & SPEAKING ENGAGEMENTS
- Panel Member, “Taking consent too far: the risk of criminal prosecution in arbitration”, AIJA Annual Arbitration Conference, Paris 11-13 June 2015
- "Forex Claims: What, Who, How...And What Might Be?"
- Financial Fraud Law Report (Lexis Nexis), February 2015
- INSOL International News Update, Issue No.9, September 2014
- Co-author, “Open Season On Rating Agencies?", Law360, December 12, 2012
- Co-author, “The Turning Tide", The Global Legal Post, November 7, 2012
- Co-author, “The European Mediation Directive—Legal and Political Support for Alternative Dispute Resolution in Europe,” Bloomberg Law Reports, Vol. 2 No. 1, January 2011
- Board of Directors, Brown Rudnick Charitable Foundation
- AIJA (International Association of Young Lawyers)
- Commercial Litigators' Forum
- Solicitor-Advocate, England & Wales, 2011
- Barrister (non-practising), England & Wales, 2001