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Background

Professor Nelson Enonchong

Call: 2006

Expertise

Business & Property

Nelson practices the following areas:

Banking, Finance & Financial Regulation

Professor Nelson Enonchong read law at the University of Yaounde and Jesus College, Cambridge. He is now the Barber Professor of Law at the University of Birmingham. He has a wide commercial practice in banking and finance and all contractual matters. He has particular expertise in letters of credit and on demand guarantees or bonds. He is the author of a leading text on these instruments (please see the paragraph on “Books” below). He also has particular expertise in asset based finance and claims against banks on the ground of undue influence and other vitiating factors. He is the author of the leading text on duress, undue influence and unconscionable dealing (please see below). He has acted in various cases concerning claims under guarantees and indemnities.

Notable Business & Property Cases



Advising in a 2 million claim against a bank for causing the claimants to switch from loan agreements with interest rates benchmarked to Base Rate to agreements with interest rates benchmarked to LIBOR at a time of rising LIBOR, following the credit crisis in 2008. The claims included allegations of intimidation, economic duress, undue influence and illegality (including alleged violations of the FCA’s Disclosure and Transparency Rules made pursuant to Part VI of the Financial Services and Markets Act 2000, the Irish Market Abuse Regulations 2005 and the Securities and Exchange Act 1943 of the United States of America.



Acting for a company in a claim against a bank for making unauthorised payments of more than US$1.3 million out of a customer’s account into various banks in six different countries, acting on forged payment instructions;



Advising in relation to a potential claim under an indemnity given by a municipal authority in a foreign country to an English company acting as the arranger in a 16 million bonds issue.


International

Professor Nelson Enonchong read law at the University of Yaounde and Jesus College, Cambridge, and is now the Barber Professor of Law at the University of Birmingham. He has particular expertise in international arbitration, international sale of goods and supply of services, financing of international trade and private international law.

International Arbitration

He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). His expertise and experience include both ad hoc (including ad hoc arbitrations under the UNCITRAL Arbitration Rules) and institutional arbitration, including arbitration under the rules of the ICC, LCIA, ICDR and ICSID. He also has expertise in national arbitrations involving a variety of national laws including England and Wales, Cameroon, Hong Kong, Nigeria and Singapore. Appointments include:

Co-arbitrator, LCIA arbitration, in a dispute concerning an international money transfer contract between a leading international money transfer company and the postal services of a foreign country;

Sole arbitrator, LCIA No UN132512, in a dispute concerning a contract for corrosion surveys of oil and gas pipelines, under UNCITRAL Arbitration Rules;

Co-arbitrator, LCIA arbitration concerned with the interpretation of a Joint Operating Agreement relating to the operation of an oil mining lease; and

Co-arbitrator, LCIA arbitration concerned with a claim for breach of warranty in a share sale and purchase agreement.

International Trade & Finance

In the area of international trade and finance, he has expertise on a wide range of international trade terms, including traditional terms such as FAS, FOB, CIF, and C and F and also INCOTERMS. He has special expertise on payment and financing of international trade especially involving bills of exchange, letters of credit or demand guarantees. He is the author of a leading texts on letters of credit and demand guarantees (see paragraph on Books below). He has acted in cases involving international sale of goods and private international law issues.

Notable International Cases



Advised in relation to potential proceedings in the English courts for the enforcement of a foreign judgment against a foreign state entity (raising issues of state immunity),



Advised on the private international law issues relating to the effectiveness of a power of attorney executed in England to authorise the use of immovable property in a foreign country as security for a facility from a bank,



Advised on the private international law issues in disputes arising out of the administration of property in England following the grant of letters of administration in a foreign country and re-sealed by an English court.


Related News, Resources and Events

Uncategorised


Professor Nelson Enonchong authors the second edition of ‘Duress, Undue Influence and Unconscionable Dealing’

No5 Chambers are pleased to announce the publication of Professor Enonchong‘s book on ‘Duress, Undue Influence and Unconscionable Dealing’ (2nd edn, 2012). The new edition…

Uncategorised


Professor Nelson Enonchong to talk at ICC UK Winter Trade Finance Conference 2011

Professor Nelson Enonchong of No5 Chambers is due to talk at the ICC UK Winter Trade Finance Conference 2011, taking place in London on 12th…

View all related news

  • Fellow of the Chartered Institute of Arbitrators
  • Honourable Society of the Inner Temple
  • Society of Legal Scholars
  • The Cameroon Bar Association
  • Member of Editorial Board, Business Law International
  • Member of the Editorial Board, Journal of African Law
  • Member of Editorial Board, African Journal of International and Comparative Law
  • LLM, PhD (Cantab)
  • Barber Professor of Law, University of Birmingham
  • French

He has written books for leading publishers such as Oxford University Press and Sweet and Maxwell and has been widely published across legal and scholarly journals including Law Quarterly Review, Modern Law Review, Oxford Journal of Legal Studies, Lloyd’s Maritime and Commercial Law Quarterly, Restitution Law Review, and International and Comparative Law Quarterly.

Books

First Supplement to Duress, Undue Influence and Unconscionable Dealing, 2021, Sweet & Maxwell

Duress, Undue Influence and Unconscionable Dealing, 3rd edition, 2019, Sweet and Maxwell

Duress, Undue Influence and Unconscionable Dealing 2nd Edition – 2012, Sweet and Maxwell

The Independence Principle of Letters of Credit and Demand Guarantees – 2011, Oxford University Press

Duress, Undue Influence and Unconscionable Dealing – 2005, Sweet and Maxwell

Illegal Transactions – 1998, Lloyd’s of London Press

Articles

Articles in the field of Banking and Finance include:

“Letters of Credit Payable Overseas and Third Party Debt Orders” (2015) Butterworths Journal of International Banking and Financial Law 674

“The law applicable to demand guarantees and counter-guarantees” [2015] Lloyd’s Maritime and Commercial Law Quarterly 194-215.

“Recovery of Overpayments made under Performance Bonds” [2010] Restitution Law Review 14.

“Demand Guarantees under OHADA Uniform Act on Securities” [2009] Journal of Business Law 568-591

“The Problem of Abusive Calls on Demand Guarantees” [2007] Lloyd’s Maritime and Commercial Law Quarterly 83-106.

“The Autonomy Principle of Letters of Credit: An Illegality Exception?” [2006] Lloyd’s Maritime and Commercial Law Quarterly 404 – 425

“Damages for Wrongful Dishonour of a Cheque” (1997) 60 Modern Law Review 412 – 419.

“The Undue Influence of a Co-Surety” [2003] Lloyd’s Maritime and Commercial Law Quarterly 307 – 311

Related News, Resources and Events

Uncategorised


Professor Nelson Enonchong authors the second edition of ‘Duress, Undue Influence and Unconscionable Dealing’

No5 Chambers are pleased to announce the publication of Professor Enonchong‘s book on ‘Duress, Undue Influence and Unconscionable Dealing’ (2nd edn, 2012). The new edition…

Uncategorised


Professor Nelson Enonchong to talk at ICC UK Winter Trade Finance Conference 2011

Professor Nelson Enonchong of No5 Chambers is due to talk at the ICC UK Winter Trade Finance Conference 2011, taking place in London on 12th…

View all related news

Clerk Team

Geoff Carr

Director of Clerking (London)

geoffc@no5.com

07852 317495

Danny Griffiths

Director of Clerking (Birmingham)

danielg@no5.com

07960 831815

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