Nicholas Cobill

Viewing: International Arbitration and Trade for Nicholas Cobill

Nicholas advises and acts in commercial disputes with an international element.
He advises on risk avoidance, drafts opinions and pleadings, provides guidance on disclosure exercises, interviews witnesses, liaises with experts and represents clients at mediation, in tribunals and in court. His experience includes:
Advocacy
- obtaining disclosure orders on behalf of an Argentinean national supermarket chain to force the disclosure of banking documents and oral testimony from bankers and banks in this jurisdiction to assist in its defence in the largest litigation in the Commercial Court in Argentina – Carrefour Nederland BV et al. v PWC et al.
- representing the Welsh manufacturer of industrial washing machines exported to South Africa in contested jurisdiction proceedings against a German industrial washing machine retailer (where there were competing claims as to the incorporation of terms)
- representing Ministry of Tourism of the Government of India in proceedings involving a publisher in the Queen’s Bench Division of the High Court in London
- obtaining security for costs for British Airways plc against a foreign litigant, obtaining an order
- obtaining an order on behalf of the Treasury Solicitor compelling the deposition of a UK national to provide evidence in the Romanian Court
- obtaining an order pursuant to a letter of request from the Argentinean court to compel the Forensic Science Service to perform an analysis of the mortal remains of someone buried in 1948 and exhumed for the purposes of establishing paternity
Advisory and drafting
- representing a Spanish construction company in a dispute with its English sub-contractor arising from the supply of labour and materials for the construction of a biomass power station in the UK
- drafting debt recovery provisions for The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 and advising the Environment Agency on debt recovery from overseas airline operators
- representing Swiss human growth hormone marketing company in a c. 10m GBP contractual dispute with an English manufacturer of pharmaceutical devices
- defending test case by UK vehicle dealer against a Japanese vehicle manufacturer relating to Regulation 1400/2002/EC and selective distribution network
- advising foreign lawyers and Treasury Solicitor on Letters of Request / facilitating depositions
- registration and enforcement of foreign judgments in this jurisdiction
- advising on jurisdiction and governing law clauses
Alternative Dispute Resolution
- representing UK vehicle manufacturers in multi-million GBP disputes at mediation
- devising tailored solutions for corporate entities to limit the threat of litigation
He is recognised for his proactive and commercial approach to dispute resolution.
Client care
Prior to joining No5 Chambers in March 2011, Nicholas was a senior associate in the commercial litigation team at Wragge and Co LLP (now Gowling WLG (UK) LLP). He also led the firm’s advocacy team. He dealt with a broad range of commercial disputes from high value and complex commercial matters to comparatively lower value and high volume disputes. He worked with partners across the firm, managed solicitors and supervised trainees. He was a member of the international support team providing professional legal support to lawyers across the firm.
For 2 years he was seconded on a weekly basis to the UK headquarters of a US vehicle manufacturer and dealt with senior personnel at the head of the organisation in the US and UK.
Other
Represented Middle Temple at the World Universities Debating Championship in Toronto 2001
BVC: Inns of Court School of Law – Very Competent
Notable Cases
Jonathan Digby-Rogers v Speechly Bircham LLP [2019] EWHC 1568 (Ch)
Henderson and Jones Ltd v Alex Tsimboykas and Claire Tsimboykas [2018] EWHC 1493
(1) John Micheal (2) Pauline Wendy Micheal (3) Havering Radio Cars UK Ltd v (1) Gary Anthony Phillips (2) A1 Group (UK) Ltd (3) Lynn Phillips [2017] EWHC 142 (QB)
(1) Cumbria Waste Management Ltd (2) Lakeland Waste Management Ltd v Baines Wilson (a firm) [2008] EWHC 768 (QB)
Memberships
Chancery Bar Association
International Bar Association
Middle Temple