LCIA, ICC, UNCITRAL and ad hoc arbitrations, applications to High Court in support of arbitration claims under section 44 of the Arbitration Act, challenges to domestic and New York convention awards.

Appointments as Arbitrator
Zoe is frequently appointed as presiding, sole and co-arbitrator in a wide range of international commercial disputes proceeding under LCIA, ICC and UNCITRAL rules.   She is on the HK IAC’s List of Arbitrators.   Every year, she coaches the Middle Temple team in the prestigious Vis International Commercial Arbitration Moot.

As counsel

Arbitration application in the Dubai International Financial Centre Court (2019)
Zoe appeared (with Rupert Reed QC) for the successful claimant in a landmark decision of the DIFC Court handed down in November 2019.   The DIFC Court refused on public policy grounds to recognise a judgment of the Dubai Court of Cassation that an arbitration clause was invalid for lack of authority.  The DIFC Court held that the Dubai court was in breach of its obligations under the New York Convention to uphold the arbitration agreement by applying its own law, rather than the law chosen by the parties.   The case has implications for arbitration practitioners in all common law jurisdictions.

LCIA arbitration (merits hearing 2021)
Zoe acts for the claimant in proceedings against a Russian state bank for the wrongful termination of a share purchase agreement.  She appeared on an application for interim relief under the LCIA’s Emergency Arbitrator rules, and successfully resisted an application for security for costs.

LMAA arbitration (2019)
Zoe acts for the claimant shipowner in a dispute with a Chinese shipyard over the construction of four drillships, both in LMAA arbitration proceedings and in parallel proceedings in the Commercial Court under a guarantee given by the claimant’s parent company.

LCIA arbitration (hearing October 2018)
Zoe continues to represent the Respondent in its defence to a claim for unfair prejudice relief and damages arising out of an agricultural joint venture in Ukraine which failed following the revolution in 2014.   The liability hearing took place in October 2018 (in which the Tribunal ruled that the Respondent did not owe fiduciary duties) and the quantum hearing is set for June 2020.

Private client v Goldman Sachs (ad hoc arbitration, Hong Kong seat, 2018)
For the Claimant in an international arbitration seeking damages from Goldman Sachs in respect of the delayed liquidation of derivatives contracts.

LCIA arbitration (2017)
Advising Kazakh claimant in claim against Chinese respondent in relation to a joint venture to exploit an oil exploration concession in Kazakhstan.

Interprods Ltd v. De La Rue International Ltd [2014] EWHC 68 (Comm)
Appearing for the claimant in its section 67/68 application to set aside a partial award on the grounds of lack of jurisdiction and procedural unfairness.

Ad hoc arbitration (2014)
Acting for the claimant in a dispute about the defective construction of a floating offshore transfer platform.

Danish Polish Telecommunications Group I/S v. Telecomunikacja Polska SA (2011)
Opposing enforcement in England of a New York convention arbitration award for €268 million.

LCIA arbitration (2011)
Acting (with David Wolfson QC) for a major investment bank in proceedings to enforce obligations under a cross currency swap agreement with a Kazakh counterparty.

Zwiebel & Anr v. Konig & Anr [2009] EWCA Civ 892
For Defendant, before the Court of Appeal, on application to set aside an award of the Beth Din on grounds of lack of jurisdiction.

Tchigirinski v. Orton Oil Company Ltd [2009] EWHC 1739 (Comm)
For Claimant, obtaining interim injunction before the Commercial Court under section 44 of the Arbitration Act 1996 restraining a share transfer in support of a pending LCIA arbitration.

ICC arbitration, Hong Kong seat (1998), arising out of a distribution agreement for Naxos recordings.

Ad hoc arbitration
Acting for a major water company in ad hoc arbitration over collection of sewerage charges by another water company

Zoe's experience includes claims against and by banks involving letters of credit, guarantees, credit crunch litigation and standard form loan and security documents.

Bank of Baroda v Ind-Swift Laboratories (2018)
Zoe acted for the Indian defendants in a claim by the Bank to enforce an Indian judgment in England.

Bank of Dubai v Lazem (2018)
For the Defendant, resisting the enforcement of a Dubai court judgment.

DRFG Invest II s.r.o v Shire Warwick Lewis Capital Ltd (2018)
Acting for derivatives trader subject to freezing and proprietary injunctions

ED&F Man Capital Markets Ltd v Major Bank (2017)
Advising the claimant on the meaning and effect of a portfolio of Contracts for Differences governed by the 2002 ISDA Master Agreement.

Bank of Moscow v Chernyakov [2016] EWHC 1353 (Comm)
Acting for the defendant Russian businessman, resisting enforcement of Russian court judgments totalling £150 million on public policy and human rights grounds. Appeared on applications under the worldwide freezing order and at the summary judgment hearing. Part 2 of the case, currently under way, involves whether various shareholders are entitled to exercise voting rights at the meeting.

Cinque Ports Trading Authority Ltd v Raiffeisen Bank (2015)
Acting for the bank in a third party disclosure application brought against it.

JSC BTA Bank v. Ablyazov & Ors (2014)
For corporate defendants to a massive claim alleging fraud brought by Kazakhstan's largest bank against its former managing director and majority shareholder.

Brandenburg Properties BV 8 v. JP Morgan Markets Ltd (2013)
Acting for the borrower (with David Wolfson QC) in a dispute as to whether events of default had arisen under the Facility Agreements.

LCIA Arbitration Proceedings (2013)
Acting (with David Wolfson QC) for a major British investment bank in arbitration proceedings to enforce a cross currency swap agreement against a foreign counterparty, where the defence relied upon was lack of Board authorisation by the Respondent.

Monarch Master Funding v. Drydocks World Dubai LLC (2012)
For lender in a US$45 million claim for payment under a syndicated loan agreement.

Emerging Markets Special Situations 3 Ltd v. LAEP Investments Ltd
For Claimant in claim in Bermuda worth Brazilian Reals $31m to enforce a deed of guarantee given in relation to the restructuring of Parmalat Brazil.

Rexy Finance v. Morgan Stanley & Co International Ltd (Comm) (2008)
For Defendant (with Jeffrey Onions QC) in dispute under a guarantee: claimant alleged that guarantee was illegal under Singapore money lending legislation.

Standard Chartered Bank v. Pakistan National Shipping Corporation [2003] 1 AC 959 (liability appeal) [2001] EWCA Civ 55; [2001] 1 All ER (Comm) 822 (quantum appeal)
For claimant bank (with Jeffrey Gruder QC) in a letter of credit fraud case: the House of Lords decision remains the leading case on directors' liability in fraud while the quantum appeal considered the recoverability of lost management time as damages.

Niru Battery v. Milestone Trading [2001] 2 All ER Comm 705; [2004] EWCA Civ 487
For SGS (with Geraldine Andrews QC) in letter of credit fraud. Also acted in contribution proceedings between SGS and Credit Agricole Indosuez, in which the Court of Appeal gave a leading decision on subrogation and contribution between defendants.

Ponzi schemes, claims for deceit and conspiracy, claims for dishonest assistance and unconscionable receipt, proprietary and trust-based claims, freezing orders and Norwich Pharmacal relief, claims against professional defendants, rogue traders, letter of credit frauds, VAT (MTIC) fraud, premium rate telephone frauds.

LCIA arbitration (hearing October 2018)
Zoe represented the Respondent in a claim for damages and unfair prejudice relief arising out of an agricultural joint venture in Ukraine, involving questions of alleged breach of fiduciary duty, alleged breach of the shareholders’ agreement and reflective loss.

DRFG Invest II s.r.o v Shire Warwick Lewis Capital Ltd (2018)
Acting for derivatives trader subject to freezing and proprietary injunctions.

Bank of Moscow v Chernyakov [2016] EWHC 1353 (Comm)
Acting for the defendant Russian businessman, resisting enforcement of Russian court judgments totalling £150 million on public policy and human rights grounds. Appeared on applications under the worldwide freezing order and at the summary judgment hearing. Part 2 of the case, currently under way, involves whether various shareholders are entitled to exercise voting rights at the meeting.

Anglo Coal (Grosvenor) Pty Ltd v Advanced Mining Services LLC (2014)
Acting for Anglo-American Mining in English proceedings to freeze/trace the proceeds of a fraud against its Australian subsidiary

JSC BTA Bank v. Ablyazov & Ors (2014)
Appeared in the Court of Appeal for corporate defendants to a massive claim alleging fraud brought by Kazakhstan's largest bank against its former managing director and majority shareholder.

Madoff Securities International (In Liquidation) v Raven [2013] EWHC 3147 (Comm)
Described by The Lawyer as one of the top 10 cases of 2013.  Acted (as sole counsel) for the sons of Bernard Madoff in their successful defence of the claims for fraudulent and negligent breach of directors’ duties brought against them by the liquidator of Bernard Madoff’s former London trading operation.

Stone v Saunders (2010)
Acting for claimant victim of a Ponzi scheme for over £50 million: obtained (and upheld) proprietary freezing order within 1 day of discovery of the fraud

Sumitomo Corporation v. Credit Lyonnais Rouse Ltd (2004)
For Claimant (with Christopher Carr QC, Daniel Toledano QC and Orlando Gledhill) in action for alleged dishonest assistance and breach of fiduciary duty arising out of the fraud of the rogue copper trader Yasuo Hamanaka.

Niru Battery v. Milestone Trading [2002] 2 All ER Comm 705; [2004] EWCA Civ 487
For SGS (with Geraldine Andrews QC) in letter of credit fraud. Also acted in the contribution proceedings between SGS and Credit Agricole Indosuez, in which the Court of Appeal gave a leading decision on subrogation and contribution between defendants.

Standard Chartered Bank v. Pakistan National Shipping Corporation [2003] 1 AC 959 (liability appeal) [2001] EWCA Civ 55, [2001] 1 All ER (Comm) 822 (quantum appeal)
For Claimant bank (with Jeffrey Gruder QC) in a letter of credit fraud case: the House of Lords decision remains the leading case on directors' liability in fraud while the quantum appeal considered the recoverability of lost management time as damages.

CRS GT Limited v McLaren (2018)
Zoe was instructed as leading counsel for McLaren at the trial of a contractual dispute concerning the GT series road car, in which a supplier claimed £22 million in damages.  The issues included whether a Heads of Agreement was binding, whether an agreement had been concluded by conduct, and quantum.

Inform CPI Ltd v London Borough of Tower Hamlets (Manchester Circuit Commercial Court, June 2018)
Successfully defended Tower Hamlets Council at trial in a substantial software licensing dispute.

Blomqvist v Zavarco Plc [2016] BCC 542 and ongoing
Zoe acts for a minority shareholder in a series of actions about the ownership and control of a Malaysian fibre optic network.   Part 1 (2016) involved a Companies Court trial about the validity of the issue of shares in a plc and the estoppel created by the issue of share certificates.  Part 2 (2018) concerns shareholder voting rights at the general meeting. 

Rank Group v Gala Coral Group (2016)
Acting for the defendant in a tax warranty claim under a share sale agreement

Celtique Energie Weald Ltd v Magellan Petroleum (UK) Ltd (2015)
Acting for the claimant in summary judgment claim under a Joint Operating Agreement relating to a proposed “fracking” project.

London Mining plc v. Wits Basin Precious Minerals Inc (2014)
Acting for London Mining in a successful summary judgment claim arising out of a failed joint venture to mine iron ore in China. 

Leni Gas & Oil v. Mediterranean Gas & Oil [2014] EWHC 893 (Comm)
Acting at trial (with Neil Kitchener QC) for the claimant seeking damages for fraudulent misrepresentation brought when the defendant entered into a farm-out agreement with Genel Energy weeks after the claimant agreed to sell its minority interest in an oil and gas exploration block in offshore Maltese waters.

Matchbet Limited v Openbet Retail Limited [2013] EWHC 3067 (Ch)
Acting (with Ken MacLean QC) in the successful defence at trial of a claim for damages for the alleged repudiation of a Software Licensing and Development Agreement relating to a betting exchange software program developed by the claimant.  

Gaydamak v Leviev [2012] EWHC 1740 (Ch)
Acting (with David Wolfson QC) for the claimant at the trial of a dispute between two wealthy Israeli-Russian businessmen about sharing revenues from the Angolan diamond industry.

Luxe Holding Ltd v. Midland Resources Holding Ltd [2010] EWHC 1908 (Ch) (with John Higham QC)
Obtained and upheld proprietary freezing order for US$110 million. The case concerned an agreement for the sale of shares in Ukrainian steel interests.

Ex Cellar Investments Ltd & Anr v. Nicolas UK Ltd
Acting for claimant in breach of share sale warranty claim arising out of the sale of Oddbins.

Fashion TV Russia LLC v. FTV BVI Ltd
Acting for claimant (with Geoffrey Hobbs QC) in dispute under broadcast licence agreement.

Formula One
Advising Formula One Administration Limited (with Lord Grabiner QC and Daniel Toledano QC) in relation to the threatened breakaway of F1 teams in mid-2009.

ILM International Lottery Management Limited v. Dumas [2002] Lloyds Rep IR 237 (with Bill Wood QC)
Successfully defended Lloyds underwriters at the trial of a claim under a political risk policy by the operators of a lottery in Azerbaijan.

Standard Chartered Bank v. Pakistan National Shipping Corporation [2003] 1 AC 959 (liability appeal) [2001] EWCA Civ 55, [2001] 1 All ER (Comm) 822 (quantum appeal). 
For the claimant bank (with Jeffrey Gruder QC) in a letter of credit fraud case: the House of Lords’ decision remains the leading case on directors' liability in fraud while the quantum appeal considered the recoverability of lost management time as damages.

A dispute with ATE insurers following the dismissal of the insured’s claim with indemnity costs.

Acting for the insured in a claim under a professional indemnity policy in respect of the defective design of military equipment, where insurers contended that the liability was in fact product liability and not covered.

Acting for Lloyds underwriters in the successful defence at trial of a claim under a political risks policy relating to the operation of a lottery in Azerbaijan.  The chief issue was non-disclosure.

Acting for Lloyds underwriters in relation to a claim under a jewellers’ block insurance policy.

Advising Equitas (with Lord Grabiner QC) in relation to its exposure to run-off claims in respect of asbestosis claims in the United States.

Has a growing IT practice that sees her handling cases concerning software development and licensing, major contractual disputes and outsourcing issues. She is also experienced at handling media technology issues as well as those in the banking and energy sectors. O'Sullivan regularly handles matters involving public authorities. "Very easy to work with and very hands-on. She is clearly fiercely intelligent, cares a lot about her cases and gets very absorbed in them." "She shows strong analytical skills in dissecting facts and applying legal principles." Chambers & Partners UK 2019 - Information Technology

Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)
Zoe was instructed as leading counsel for the defendant IT contractor in a substantial dispute over the digitisation of NHS patient records. Appeared  at first instance and in the Court of Appeal on the trial of preliminary issues relating to the limitation of liability [2017] EWHC 2197 (TCC).

Inform CPI Ltd v London Borough of Tower Hamlets (Manchester Circuit Commercial Court, June 2018)
Zoe successfully defended Tower Hamlets Council at trial in a substantial software licensing dispute.

IT Contractor v FTSE-100 insurance company (confidential, settled 2018)
Acting for the claimant contractor in a dispute over business process outsourcing.

IBM v Insurance Company (Confidential, 2017)
Advising IBM in a substantial dispute with an insurance client concerning the provision of “software as a service”.

Regional County Council v Serco (2016-2017)
Acting for a County Council in an expert determination concerning the meaning and effect of a long-term IT outsourcing contract.

Sanctuary Housing Association v Ciber UK Ltd and Ciber Inc (2016-2017)
For Ciber in a complex case relating to the implementation of a SAP ERP system for a housing association. 

Advising Government agencies in relation to agreements for the Next Generation Shared Services plan (2015)

Advising the Foreign and Commonwealth Office in relation to a desktop infrastructure services contract (2015)

Matchbet Limited v Openbet Retail Limited [2013] EWHC 3067 (Ch)
Acted (with Ken MacLean QC) in the successful defence of a multi-million pound claim for damages for the alleged repudiation of a Software Licensing and Development Agreement relating to a betting exchange software program developed by the claimant.   Henderson J dismissed the action with indemnity costs, finding against the claimant on every issue, and holding specifically that it was the claimant and not the defendant which had repudiated the agreement.  The issues which arose included contractual construction and entire agreement clauses, and both parties called expert evidence on the market for betting exchanges.

IBX Global v. World of Books Limited
Acting for defendant in dispute over the development of a bespoke software package for the sale of books on internet marketplaces.

British Sky Broadcasting v. Electronic Data Systems [2010] IP&T 597
For EDS (with Mark Barnes QC and Alan Gourgey QC) in this high profile case, involving the year long trial of a claim of £900m for deceit in relation to a contract to supply new contact centre technology. The action involved numerous complex technical issues arising in the fields of IT, forensic accounting and economics.

Acting for Intergraph, a specialist in GIS software, in a contractual dispute raising issues as the quality of the delivered system and allocation of responsibility for testing.

Advising a Finnish bank in a dispute with its US supplier of risk management software.