Litigation |
International Arbitration |
Judgment Enforcement |
Strategic Advice |
Advocacy |
Unparalleled experience
Commercially driven
Conflict-free
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​Nick Cherryman is an English barrister and senior advocate. He combines years of multi-jurisdictional experience as an independent barrister in Chambers in London (XXIV Old Buildings, Lincoln's Inn, London) and then as a commercial disputes partner in top international law firms (King & Spalding, Fried Frank, BCLP).
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Strategic multi-jurisdictional advisor
Providing the highest level of conflict-free and strategic legal advice on commercial disputes around the globe. Unparalleled expertise acting in a variety of high value and high profile commercial disputes. Leveraging the intersection of legal and non-legal forces.
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Global expertise in complex litigation and arbitration
Advising in commercial litigation, international arbitration and cross border disputes involving a variety of offshore and civil code jurisdictions. Particular expertise in English High Court litigation.
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Pressure strategies and non-court based tactics
Design and execution of pressure strategies and non-court based tactics to achieve a successful commercial objective, collaborating with professionals from other disciplines to ensure the most powerful strategy is deployed.
Commercial advocacy
Sophisticated advocacy in relation to litigation, arbitration, negotiation and mediation. Drafting pleadings, correspondence and written arguments. Conducting oral opening and closing legal submissions and cross examination of factual and expert witnesses before judges and tribunals. Interim applications and injunctions.
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Leader in judgment enforcement, fraud & asset recovery
Leading in the field of enforcement of judgments and arbitral awards, working with funders, specialist investigators and communications consultants. Representation of claims involving breach of trust and fiduciary duties, fraud, insolvency, asset seizure and asset recovery.
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Seamless collaboration
Acting as co-counsel and providing advice to existing legal teams in a variety of matters, but also acting routinely on smaller commercial matters.
High Net Worth Individuals & Russian-related clients
Highly experienced in acting for High Net Worth Individuals and Russian-related clients.
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Cost-effective commercial outcomes
Dedicated to cost-effectiveness and a commercially positive outcome, with the aim of securing a return on investment (ROI). Competitive fee structures based on fixed fee arrangements, monthly or quarterly budgeting. Conditional fee and damages-based arrangements
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Engaging Nick directly (direct access)
Nick is permitted to be contacted and engaged directly by in-house counsel, individuals, such as HNWIs, and businesses, companies, trusts and LLPs, whether within the UK or based elsewhere, unless the conduct of litigation is involved, in which case Nick may need to be instructed by a law firm. As a general rule, all communications with Nick would be confidential and covered by legal professional privilege. ​​
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Nick Cherryman is regulated by the Bar Standards Board.
Profile: Nick Cherryman
"Nicholas Cherryman is an extraordinary specialist and a highly reliable person, whose commitment to excellence and sharp instincts of a court lawyer make his performance unparalleled." — Legal 500 UK
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"Nicholas Cherryman is regarded as a litigation heavyweight who is highly able and commercially aware. He provides good insight into not only the technical process but also the psychology and strategy management of the conflict to accelerate a positive outcome." — Chambers UK
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Experience
Nick is an English-qualified disputes barrister with over 30 years' experience in a wide range of commercial, company, trusts and insolvency and international disputes. Nick has appeared as an advocate before the UK House of Lords, Court of Appeal, Commercial Court, Companies Court, and in international arbitrations in Switzerland, Singapore, New York, Hong Kong, Paris and London. Many of his cases have involved different jurisdictions, offshore common law and civil code.​
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​At the outset of his legal career, whilst at the independent Bar at XXIV Old Buildings, Nick was involved in a number of significant insolvency-related and corporate disputes such as BCCI, Maxwell and Madoff. His experience covered contentious winding-up petitions and receiverships, fraudulent disposition claims, transactions at an undervalue, as well as shareholder disputes and directors' breaches of duties (Oaktree v Criterion Properties in the House of Lords).
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In more recent years, Nick has developed an expertise in complex, cross-border litigation and international arbitration. He is also a leader in the legal field in designing and executing legal and practical strategies to drive payment of judgments and arbitral awards, often against sovereigns, collaborating with specialist investigators and communications experts.
Cases
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P&ID v Republic of Nigeria: $11 billion fraud case concerning procurement of an industrial contract, alleged fraudulent arbitration, and a set aside of arbitral award. Proceedings in UK, Nigeria, New York, Washington DC, Cayman, BVI
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Infrastructure Services (formerly Antin) v Kingdom of Spain: ongoing recognition of Euro 101 arbitral award and seizure of Spanish assets; conflict between international law and European law; issues of English sovereign immunity; proceedings in UK, Australia, Washington DC, Belgium, South America, and European Commission state aid investigation into the Antin award
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Oleg Deripaska in Cherney v Deripaska, for the TNK shareholders against BP in a joint venture energy dispute
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Alexander Chistyakov in Chistyakov v Baturina
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Goldman Sachs on $6 billion bond default claims
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The Republic of Mongolia in relation to fraud claims against former politicians, utilising a global asset recovery strategy strategies involving the US, England, South Korea and Hong Kong
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Cerner Inc, a US-based IT and software provider in a $1 billion IT arbitration involving NPFIT, the UK Government and Fujitsu
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IFLL Invicta Finance v OBN Private Jet Ltd and HH Nasser Butti Yousef Al Mehairi: ongoing $13 million aviation finance agreement claim, judgment and execution
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Indian real estate developer, IREO, in relation to $2 billion breach of trust and fraud claims
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Lars Windhorst and Tennor Holding: various ongoing High Court litigations concerning loan agreements and freezing injunctions, contempt applications, debtor examination
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Acting for crypto company in relation to multi-million USD fraud allegations relating to sale of tokens
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$60 million ongoing arbitration claim for breach of contract against African media company
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Sergei Pugachev litigation: $2 billion cross border fraud claims; freezing injunctions; investment treaty claims; contempt of court application; leading UK case on sham trusts
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In the ultra high net worth individual (UHNWI) space, claims against trustees, disputed probate and inheritance settlement matters, Inheritance Act claims
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Further examples of recognition and enforcement cases on which Nick has acted:
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Stati v The Republic of Kazakhstan: multi jurisdiction recognition and enforcement of $500 million arbitral award, seizure of state assets, and related fraud allegations.
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Betamax Ltd v State Trading Corporation (Mauritius): recognition and enforcement of $150 million arbitral UNCITRAL award.
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First National Petroleum v OAO Tyumenneftegaz: multi jurisdiction recognition and enforcement of $100 million arbitral award.
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Admissions
Barrister, England & Wales
Dubai International Financial Centre (DIFC)
British Virgin Islands
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Professional
XXIV Old Buildings, Lincoln's Inn, London (Chambers of Elspeth Talbot Rice KC)
International Disputes Partner at King & Spalding
Head Partner of European Disputes at Fried Frank and BCLP (Bryan Cave)
Elected to the Bar Council 2023
Expert Contributor to Tolley's Insolvency Law, Tolley's Company Law
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Education
Cambridge University, Downing College
Warwick University
City, University of London
Inns of Court School of Law
Why Choose Nick
Unique Experience
Nick is uniquely positioned to navigate international commercial disputes. His experience spans 12 years' practising as a barrister in chambers (XXIV Old Buildings, Lincoln's Inn, London) and 20 years' practising as a disputes partner at top international law firms. Apart from appearing as an advocate and being familiar with the procedures of courts and international arbitration institutions, Nick understands the 'law firm' side of serving clients and funders. He engages directly with clients to understand their concerns and commercial objectives, assesses the information and materials that constitute the building blocks of a case, and creates legal and non-legal strategies to achieve the most commercially advantageous result for the client.
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Competitive Pricing
Nick is aware that clients are often under pressure to reduce costs and is familiar with operating under a variety of fee arrangements. Unburdened by the infrastructure of a large firm environment, Nick is able to provide highly competitive pricing.
Nick offers a range of different cost models from traditional brief and 'refresher' fees, hourly rates or capped fee arrangements. Clients appreciate his open and commercial approach to fee negotiation and his willingness to work with realistic budgets.
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Creating the Right Strategy &
Assembling the Right Team
Engaging Nick Directly
Nick will assemble the right team for the right strategy at the right cost. His depth of experience means that he is readily able to identify and deploy bespoke resources from other disciplines to contribute to a cost-effective and successful outcome. This includes focused use of experts and professionals in other fields including investigators, media and communication strategists, and political and commercial lobbyists. It also includes using junior lawyers to work more cost-effectively on certain aspects of a case, to save the clients money and time overall.
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As explained further below, Nick can be contacted and engaged directly by lawyers and non-lawyers alike, including by individuals, companies and heads of businesses, whether within the UK or based elsewhere, without the need for a law firm to instruct him. Nick can provide legal and strategic advice, whether in the context of 'live' litigation or arbitration, or in the context of earlier stages of negotiation. There will be certain circumstances involving court proceedings when clients instructing Nick directly may also need to instruct a solicitor; in these matters Nick can explain the process in more detail and recommend a suitable and experienced solicitor or a law firm.
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Areas of Experience
Advocacy
Court
Arbitration
Tribunals
Inquiries
Mediation
Commercial Disputes & Litigation
Contract disputes
Joint venture disputes
Shareholder disputes
Loan agreements
Guarantee claims
International Arbitration
ICC
LCIA
DIAC
HKIAC
SIAC
UNCITRAL
Enforcement of Judgments & Arbitral Awards
Recognition in foreign jurisdictions
Monetisation of claims
Financial Centre Disputes
DIFC
SCCA
AIFC
QICDRC
ADGM
Breach of Trust
Fraud Allegations
Embezzlement
Money Laundering
Insolvency and Bankruptcy
(domestic and cross border)
Receiverships
Representation of Russian Entities and Individuals
Sanctions Issues
Asset Seizure & Recovery
Asset tracing
Worldwide Freezing Injunctions
International Trusts &
High Net Worth Individuals
Professional Details
Pricing & Timescales
Regulation and Direct Access
Nick is regulated by the Bar Standards Board (BSB) of England & Wales, Bar Member Number 28276, and is governed by the Code of Conduct of the Bar of England & Wales. The Code of Conduct and Nick's professional details can be found at the BSB website
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Unless the conduct of litigation in the UK (as defined under the Legal Services Act; see guidance on BSB website above) is required, Nick is permitted to accept instructions directly from in-house counsel, individuals, such as HNWIs, and businesses, companies, trusts and LLPs, whether within the UK or based elsewhere, without the need for a law firm to instruct him.
Terms and Conditions
Nick's general terms and conditions on which he provides his services are set out on the standard form as recommended by COMBAR (The Commercial Bar Association) and the City of London Law Society. In particular with regard to work outside of England and Wales, it is possible to agree alternative bespoke terms. Please contact Nick for a preliminary discussion.
Insurance
Nick has professional liability insurance arranged through the Bar Mutual Indemnity Fund, 90 Fenchurch Street, London EC3M 4ST. Territorial coverage is world-wide, and subject to the terms of the Bar Mutual.
Pricing and Timescales
Please contact Nick directly for a quote for his services. Most commonly, Nick charges by way of a fixed fee or hourly rate. He appreciates that work is often time sensitive. Nick will assess the timescale involved, taking account of the complexity and practicalities of a matter, and determine whether he can comply with a particular timescale before accepting an instruction. Nick will also keep you informed as to the progress of the work undertaken.
Complaints
Nick aims to provide a high level of service and works hard to ensure that his clients are completely satisfied with the service they receive. However, in the event that you have a complaint, you are encouraged to speak to Nick at the earliest opportunity, ideally by telephone, or in writing, to seek a prompt resolution. If you are not satisfied with the response, you are entitled to complain to the Legal Ombudsman by telephoning 0300 555 0333 or via the website www.legalombudsman.org.uk which contains further information regarding how and the time limit for making a complaint.