Simon Fawell is a bright and careful litigator with a keen eye to detail. He is also very commercial in his approach.”

The Legal 500 UK 2024

Biography

Simon has more than 20 years’ experience across a wide range of commercial and financial litigation and arbitration, with a particular focus on complex banking and structured finance matters. He also specialises in advising on issues related to cyber-breach recovery and related litigation as well as insurance/reinsurance disputes.

Simon has litigated before the English High Court, English Court of Appeal, UK Supreme Court and the Judicial Committee of the Privy Council, as well as in international arbitration matters under the rules of the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC) and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Singapore International Arbitration Centre (SIAC), the Insurance and Reinsurance Arbitration Society (ARIAS), and ad hoc arbitration under the English Arbitration Act. He is also experienced in alternative dispute resolution methods such as mediation and expert determination.

Prior to joining Signature Litigation, Simon was a Partner at Dechert LLP. He has a wide-ranging practice across a broad spectrum of industries and subject areas including banking, structured finance, derivatives (in particular under the ISDA form), commercial mortgage-backed securities (CMBS), asset financing, leasing, insurance and reinsurance, infrastructure, energy, private equity and funds.

Simon has been recognised as a ‘Recommended Lawyer’ in The Legal 500 UK 2024 in the Insurance and Reinsurance Litigation and Commercial Litigation categories. He is described as “a bright and careful litigator with a keen eye to detail” who is “very commercial in his approach“.

Simon is a member of the LCIA, London Solicitors Litigation Association (LSLA), Insurance & Reinsurance Legacy Association (IRLA), British Insurance Law Association (BILA), and the International Swaps and Derivatives Association (ISDA) Arbitration and Dispute Resolution committee.

Experience

Banking and structured finance disputes

  • Acting for Fondazione Enasarco in a claim against Lehman Brothers concerning the calculation of loss under the 1992 ISDA Master Agreement. Successfully obtained an English High Court judgment of approximately US $61 million. The case has produced two substantive judgments which are considered two of the leading cases on the calculation of Loss under the 1992 ISDA Master Agreement. Continued representation of client with regard to related proceedings before the Zurich bankruptcy court (in conjunction with Swiss counsel).
  • Representing an Italian entity on a pan-European enforcement strategy with regard to a book of loans valued a several hundred million Euros. This matter has given rise to proceedings before the English courts in which directions are sought for the effective winding up of an Italian real estate fund.
  • Representing Credit Suisse Asset Management LLC in litigation concerning the interest entitlement of Class X notes in a non-performing CMBS transaction.
  • Advising numerous global entities on disputes with the various Lehman Brothers estates on a range of disputes concerning the termination of derivatives transactions.
  • Representing a US rail financier in proceedings under the LCIA international arbitration rules concerning a multi-million pound right to share in the profits from a rail financing transaction. This case concerned complex contractual arrangements and allegations that the relevant contractual provisions amounted to an unenforceable agreement to agree.
  • Representing Perpetual Trustee Company Limited and a number of other entities in the so-called “flip-clause” litigation concerning the operation of certain waterfall clauses in structured note transactions.

Cyber disputes

  • Assisting a well-known US investment bank with its response to a cyber breach at its UK branch which potentially resulted in the compromise of market sensitive data relating to M&A transactions.
  • Assisting a medical technology company client with all aspects of its global response to a cybersecurity breach which resulted in the compromise of sensitive personal data.
  • Assisting a US domiciled clothing company in respect of its response to a cyber security breach potentially affecting EU-based customers.
  • Assisting a US investment trust company with its strategy for responding to personal information requests under the UK Data Protection Act.

Insurance/reinsurance disputes

  • Successfully obtaining a multi-million pound award for a major international bank in ARIAS arbitration proceedings concerning an Industry Loss Warranty (ILW) policy.
  • Representing Federal-Mogul Ltd in English High Court proceedings concerning the operation of insurance and reinsurance policies providing £500 million of cover for asbestos liabilities following Federal Mogul’s entry into and emergence from US Chapter 11 bankruptcy proceedings.
  • Advising representations on business interruption insurance claims arising from the Covid-19 pandemic.

Other commercial disputes

  • Advising a US alcoholic drinks producer on regulatory issues relevant to a major UK product launch, including successfully representing the client before the Portman Group Independent Complaints Panel.
  • Advising a global conglomerate in respect of a major infrastructure dispute in the energy sector subject to ICC arbitration and a related investment treaty claim.
  • Advising a global conglomerate on a high value SIAC arbitration concerning the development and marketing of a biologic.
  • Advising a major oil and gas supplier on multi-billion dollar arbitration proceedings concerning price review clauses in an LNG contract. Case concerned, among other issues, assertions that the relevant review clause was unenforceable as an agreement to agree.
  • Advising on contentious issues concerning the restructuring of an EM energy company and related UK Schemes of Arrangements.
  • Advising on contentious issues concerning the restructuring of a structured product for the financing of renewables within the EU.
  • Advising two directors of multiple group companies within the corporate structure of a property business with regard to the liquidator investigations into pre-liquidation conduct.
  • Advising Formula 1’s governing body, the FIA, on a number of contentious issues, including the McLaren “spygate” investigation; the investigation into allegations concerning the private conduct of its then president, Max Moseley; and the regulatory hearing concerning use of diffusers of a particular size.
  • Advising a Hong Kong/London based PE fund in multi-jurisdictional proceedings concerning the categorisation of investment moneys and alleged fraud/misappropriation of assets.

Publications

UK Supreme Court decision on Quincecare: Banks can breathe a sigh of reliefThomson Reuters Regulatory Intelligence – 24 July 2023

Quincecare duty: Supreme Court ‘closes door’ on fraud claims – The Law Society Gazette – 12 July 2023

Banks off the hook over payment fraud as Barclays wins Supreme Court case – The Telegraph – 12 July 2023

Banks not liable for app fraud – New Law Journal – 12 July 2023

Supreme Court delivers long-awaited Quincecare decision – CDR News – 12 July 2023

Multijurisdictional dispute resolution in M&A transactions – Financier Worldwide’s Managing and Resolving Commercial Disputes 2023 – 28 April 2023

Unravelling the Credit Suisse mergerThe Banker – 13 April 2023

The collapse of Credit Suisse: The legal and regulatory falloutLaw.com – 12 April 2023

Quincecare Returns To Top Court In Barclays Consumer SuitLaw360 – 31 January 2023

Cyber security: Ukraine conflict and hybrid working add to threat matrixIBA’s In-House Perspective Magazine – December 2022 Issue

Elevate Your Protection Strategy at CSO’s Future of Cybersecurity SummitCIO – 13 July 2022

‘Whiff’ Of Corruption Too Little To Trigger Banks’ Fraud DutyLaw360 – 16 June 2022

Quincecare qualified?Thomson Reuters Regulatory Intelligence – 14 June 2022

Key cyber-litigation risks in the UKEmerging Risks – 9 May 2022

Company directorship: corporate criminal risksAccountancy Daily – 26 April 2022

Cybersecurity litigation risks: 4 top concerns for CISOsCSO – 19 April 2022

Quincecare quarrel: How interpretations of a historic duty may transform the landscape of banking fraud claimsThomson Reuters Regulatory Intelligence – 1 April 2022

Company directorships: ESG and the risks of private actionsAccountancy Daily – 28 March 2022

Company directorships: increased scrutiny and enforcementAccountancy Daily – 3 March 2022

Tecnimont Arabia v NatWestLaw.com – 22 January 2022

When the Quinces don’t care… – Fraud Intelligence – 15 January 2022

Signature strengthens banking disputesCDR News – 24 November 2021

Dechert commercial litigation partner joins UK disputes boutique – Reuters – 23 November 2021

Dechert commercial litigation partner joins UK disputes boutiqueThomson Reuters Westlaw – 23 November 2021

Dechert loses disputes partner to Signature – The Lawyer – 23 November 2021

Dechert London Partner Departs After Two Years – Legal Week – 23 November 2021

Signature Litigation Hires Finance Partner From Dechert – Law360 – 23 November 2021

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