People

Overview

Duncan is a highly skilled lawyer in complex commercial litigation, competition litigation, and international arbitration. Recognized as a "Key Lawyer" by The Legal 500 UK (2019-2021) for both Commercial Litigation and International Arbitration, Duncan has built a reputation for handling high-profile, multi-jurisdictional disputes across a wide range of sectors.

His experience includes:

  • Commercial Disputes: post-M&A claims, shareholder/partnership disputes, civil fraud, complex banking and finance litigation, energy sector conflicts, and sanctions-related disputes.
  • Competition Litigation: representing claimants and defendants in major competition damages claims, including in landmark class action litigation.
  • Arbitration & ADR: ICC, LCIA, UNCITRAL, and non-institutional arbitration, as well as determination in complex, highly technical cases.
  • Interim Relief: experience in freezing injunctions, anti-suit injunctions, and Norwich Pharmacal applications.

The broad international reach of Duncan's practice encompasses key jurisdictions across the Middle East, Africa, Russia, the CIS, and South America, as well as offshore hubs like the BVI, Cyprus, The Bahamas, ADGM, DIFC and Mauritius. He has a proven track record representing clients in high-stakes cases before the English High Court, Competition Appeal Tribunal, Court of Appeal, Administrative Court, and Privy Council.

Duncan also brings to bear invaluable in-house experience from his time working in the legal department of a leading investment bank, advising on litigation, arbitration, and regulatory matters.

Admissions & Affiliations

  • Qualified Solicitor, England & Wales, 2009
  • Legal Practice Course, The College of Law, York 2007
  • Graduate Diploma in Law, Oxford Brookes University 2006
  • M.Eng., Chemical Engineering, University of Cambridge 2005
  • B.A., Chemical Engineering, University of Cambridge 2005

Experience

International Arbitration & ADR

  • Representing an oil and gas developer in a c. GB£1 billion UNCITRAL arbitration against a national government, relating to denial of rights under petroleum exploration and development licenses.
  • Representing the successful claimant in a GB£65 million, multi-year expert determination administered by a ‘Big Four’ accountancy firm, relating to the sale of a CFD and spread betting brokerage.
  • Representing an African telecommunications operator in a US$39+ million ICC arbitration, and an application to the Mauritian Supreme Court for urgent injunctive relief, relating to disputes under a shareholders’ agreement.*
  • Defending a US$150+ million claim brought by a Russian bank against a Cypriot company under the LCIA Rules, in connection with a natural resources project in Siberia.*
  • Representing a leading global investment manager in an expert determination relating to breaches of an agreement for the GB£100 million development of a site in the UK.*
  • Representing the claimant in a LCIA arbitration, seeking to set aside a settlement agreement for duress and claiming $50+ million restitution in connection with a corporate ‘raid’ on a Russian ceramics business.*
  • Representing the claimants in a US$385 million LCIA arbitration to determine the ownership of an Uzbek industrial conglomerate.*
  • Acting for a Spanish energy company in two US$ multi-billion ICC arbitrations arising from long-term LNG supply contracts.*

Litigation

  • Obtaining a permanent anti-suit injunction for a US oil company, restraining the operator of a Cameroonian oil and gas project from continuing court proceedings commenced in breach of an arbitration agreement (RSM Production Corporation v Gaz du Cameroun SA [2023] EWHC 2820 (Comm)).
  • Representing a Middle Eastern food products manufacturer in a c. US$14 million claim before the ADGM courts against its US-based joint venture partner, relating to breach of non-compete obligations and enforcement of a put option.
  • Application to the High Court for execution of a Letter of Request issued by a US court, seeking to depose and obtain documents from the UK-based principal of a marketing consultancy, for the purpose of ongoing litigation regarding rights to a major sporting event.
  • Representing the claimant in a c. GB£6 million High Court claim for payment of outstanding invoices for professional services.
  • Representing Eurasian Natural Resources Corporation Limited in High Court proceedings relating to the unlawful acquisition and misuse, by third parties, of its confidential information: ENRC v. Qajygeldin (f.k.a. Kazhegeldin); and ENRC v. Hollingsworth.*
  • Representing an ultra-high-net-worth individual in High Court proceedings against wealth managers, alleging fraud, breach of fiduciary duty and breach of contract.*
  • Advising the defendant, a high-net-worth individual, in related civil and criminal proceedings in the BVI (High Court, Eastern Caribbean Court of Appeal, and Privy Council), Cyprus, Russia, Argentina, and Switzerland, in relation to claims brought by a bank relating to the US$200 million financing of a natural resources project.*
  • Representing a former Russian senator in proceedings in the High Court and Court of Appeal, seeking to discharge a US$1+ billion freezing injunction obtained by a Russian state agency (JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2014] EWHC 4336 (Ch); and [2015] EWCA Civ 139).*
  • Representing the former owner of a Siberian agricultural business in High Court proceedings, resisting enforcement of Russian judgments alleged to have been obtained as part of a 'raid' against the business (JSC VTB Bank v Skurikhin [2014] EWHC 271 (Comm)).*

Competition Litigation

  • Representing one of the defendant shipping lines in several follow-on damages claims, associated appeals, and judicial review proceedings relating to the February 2019 European Commission infringement decision in Case AT.40009 - Maritime Car Carriers.  These cases include the second-ever opt-out class action brought to go to trial and the third-ever collective settlement approved by the Competition Appeal Tribunal under the new collective proceedings regime (Mark McLaren Class Representative Ltd. v. MOL (Europe Africa) Ltd. and ors., CAT Case 1339/7/7/20).
  • Representing a Danish pharmaceutical company in a High Court claim against the Swiss incumbent, following the European Commission’s institution of an investigation into abuse of dominance in the market for high-dose intravenous iron deficiency treatments by disparagement of competitor products (Pharmacosmos UK Ltd. and anor. v Vifor Pharma UK Ltd. and ors., Claim No. CP-2022-000060)

Pre-Action Advice, Sanctions, & Settlements

  • Pre-litigation advice to a Russian insurance company regarding potential claims against a European issuer for failure to pay RUB2 billion due upon maturity of a structured note due to the sanctions status of an intermediary custodian.
  • Advising a Middle Eastern procurement consultancy on the impact of export control laws on procurement arrangements for a petrochemicals project in Russia, and a related US$35 million claim against a supplier for wrongfully declaring force majeure.
  • Representing a Middle Eastern property, retail, and leisure conglomerate in the negotiation of a c. US$90 million settlement of an extremely long-running dispute relating to a failed real estate investment.
  • Advising an Australian energy company throughout the exercise of a year-long price review and termination mechanism under an LNG supply agreement worth multiple US$ hundreds of millions.
  • Advising an offshore drilling company on an ongoing basis in relation to various disputes arising out of the c. $600 million sale of part of its business to a Middle Eastern state-owned oil company, including settlement of a c. US$15 million warranty claim.

Investigations & Regulatory

  • Advising a global investment bank in connection with an internal review relating to the bank's role as joint-placement agent for $1+ billion bond issuances.*
  • Representing a former bank employee in a FCA investigation relating to a number of multi-US$ billion bond issuances.*
  • Advising an investment bank in connection with its internal review, regulatory reporting obligations, disciplinary action, and subsequent U.S. court and arbitration proceedings (with U.S. co-counsel) relating to c. €75 million failed trades.*
  • Advising a bank in connection with threatened litigation and an ensuing internal review relating to the bank's role in relation to a planned bond buy-back.*

*Prior to joining Baker Botts


21 March 2023 News Coverage Baker Botts promotes in London
21 March 2023 News Coverage Baker Botts promotes in London

Awards and Community

Recognized in The Legal 500 UK for International Arbitration, 2021

Recognized in The Legal 500 UK for Dispute Resolution: Commercial Litigation: Premium, 2020

Recognized in The Legal 500 UK for Dispute Resolution: Commercial Litigation: Premium and International Arbitration, 2019