Profile Overview
Dorothy has a thorough knowledge of international commercial and investment disputes helping clients to achieve their objectives regardless of jurisdiction or legal system.
Dorothy has experience of managing both arbitration and litigation disputes in common and civil law jurisdictions and under a wide range of arbitral rules, including ICSID, UNCITRAL, LCIA and ICC. She also advises clients in High Court litigation and mediations.
As a result of this cross-border proficiency, Dorothy has acted on a rich mix of global cases. Much of this work involves international disputes representing clients such as governments, oligarchs, funds, corporates or high net worth individuals in sectors ranging from oil and gas, real estate and development, telecoms, energy, metals, mining, FX and financial products. She deals with claims arising under treaties, claims arising under contract and claims of fraud. She is a Member of the Chartered Institute of Arbitrators.
Selected experience
Investor state claims
- Obtaining a positive award for Ukraine in US$270 million UNCITRAL arbitration proceedings, brought by LSE listed oil and gas company JKX under the UK-Ukraine BIT, which alleged unlawful imposition of tax measures.
- Successfully defending Ukraine in US$137 millionICSID arbitration proceedings in relation to a claim made under the UK-Ukraine BIT by a British property investor, Krederi Ltd, alleging expropriation of a real estate project in Ukraine’s capital Kyiv. Achieved a complete dismissal of the claims.
- Representing the Kyrgyz Republic in English court proceedings challenging the Tribunal’s jurisdiction in a US$118 million UNCITRAL dispute by Canadian miner Stans Energy Corp, alleging expropriation of its rights to a world’s largest rare earth metals mine.
Commercial arbitration claims
- Defending a major Russian telecoms group against the enforcement of an US$220 million LCIA award. The dispute, which totalled US$1 billion, involved strategy and advice in several jurisdictions – including England, the British Virgin Islands, the Seychelles, Luxembourg and the Isle of Man – and three further LCIA arbitrations (matter concluded to our client’s satisfaction).
- Representing Naftogaz Ukrayiny, Ukraine’s national petroleum company, against several entities controlled by Ukrainian oligarch Igor Kolomoisky and his associates, in LCIA proceedings in a shareholder dispute relating to control over Ukrnafta, Ukraine’s largest oil producer majority-owned by Naftogaz.
- Engaged by one of the joint venture partners in a wind farm power project in an ICC arbitration dispute about pre-emption rights worth over €30 million.
- Advising a Chinese SOE in a London Maritime Association Arbitration claim arising under a Charterparty.
Financial institution and FX disputes
- Assisting an investment bank in a US$55 million private claim arising from alleged LIBOR manipulation.
- Advising an international investment bank in a US$32 million claim in a confidential LCIA arbitration against a commodity group arising from a number of structured finance contracts.
- Securing fraudulently misappropriated funds for an investment fund by obtaining a freezing order on 38 hours’ notice, and ultimately securing a 98% recovery (circa US$30 million), highly unusual in a fraud claim.
- Representing FX broker FXCM in its successful claim in the English Commercial Court against a director and senior employee for fraud and breach of fiduciary duties.
- Assisting FX broker FXCM in defending its core terms of business in the English Commercial Court in a claim by an abusive trader.
Telecoms and media disputes
- Acting for mobile network 3 in a dispute with O2, T-Mobile and Vodafone about mobile number portability/barriers to market entry. This was one of the first private competition follow on claims in the area.
- Acting for liquidators of telco BW Telecom Limited, seeking to recover assets misappropriated by its directors and in a dispute with French telco Kertel.
- Defending a well-known customer review platform from allegations of defamation.
M&A, JV and contract claims
- Representing a minority shareholder in a Russian open pit coke mine in proceedings in Cyprus alleging unfair prejudice and claiming over US$500 million.
- Acting for international market research company Ipsos SA in relation to its UK High Court claim against Dentsu Aegis plc for fraudulent misrepresentation and breach of warranty arising out of a £500 million acquisition and advising on related expert determinations.
- Acting for the management sellers of a specialist engineering company and defending warranty claims by the buyer.
- Advising the directors of global business development consultancy Adoreum in its claim to enforce a valuable share option in Watchfinder.co.uk Limited, a case that clarified the English law about the scope of contractual discretion.
- Advising a Danish investment house on its claim for rectification of a share option agreement.
Insolvency related claims
- Advising a Chinese SOE in its claims in the English law governed insolvency of an African mining company.
- Advising a technology company in its defence to claw back claims from the liquidators of one of its former major clients
Career
- Partner at KWM Europe LLP (King & Wood Mallesons) in London (2017 to present)
- Partner at King & Wood Mallesons in London, previously SJ Berwin (2013-2017)
- Senior Associate at King & Wood Mallesons in London, previously SJ Berwin (2010-2013)
- Associate at Barlow Lyde & Gilbert (2005-2010)
- Solicitor, England & Wales (2005) SRA ID: 278859 | SRA Regulated
- Trainee at Norton Rose (2003-2005)