mulholland-judith

Judith Mulholland

Associate
Baker & McKenzie Services Limited

Biography

Judith Mulholland is an associate in the Baker McKenzie Dispute Resolution team based in London. She has considerable experience in international commercial arbitration, including ICC, LCIA, SCC, UNCITRAL and ad hoc arbitration under the Arbitration Act 1996, as well as ancillary and enforcement proceedings before the English Courts. She regularly advises clients on complex and high-value litigation and other forms of alternative dispute resolution.

Practice Focus

As a result of time spent on secondment to the global litigation team at an oil and gas major, Judith has particular experience handling disputes in the energy sector. She regularly advises on the interpretation of commercial contracts and the drafting of complex dispute resolution provisions and settlement agreements.

Representative Legal Matters

  • Acting for a global logistics business in DIFC-LCIA arbitration proceedings relating to the early termination of an agreement for the provision of services in the Kingdom of Saudi Arabia. The case has also involved ancillary proceedings before courts in the US and in KSA.
  • Acting for a Canadian clinical trials business in High Court proceedings concerning the conduct of a clinical trial of allergy immunotherapy medication. The dispute involved applications for worldwide freezing orders and the ex parte joinder of individual defendants, as well as complex breach of contract and tortious claims.
  • Acting in an ICC arbitration in relation to the disputed termination of and payment of monies under a contract for the design, manufacture and supply of a gas scrubbing plant, which was terminated on the basis of force majeure due to international sanctions.
  • Advising a major national oil company in relation to the proper interpretation and exercise of termination rights in two contracts for the construction and sale of drillships valued in excess of USD 1 billion. The advice related, in particular, to the ability to terminate the agreements in the event of insolvency of the contractual counterparty.
  • Advising a leading global offshore contractor in relation to its termination rights under an agreement for the design, manufacture and installation of a floating storage offloading vessel. The advice included an analysis of the potential impact of the counterparty's insolvency on the contract itself as well as the consequences for certain guarantees provided as security for fulfillment of contractual obligations.
  • Acting in an ICC arbitration arising out of a dispute between parties to a joint venture established in the Kingdom of Saudi Arabia to provide services and products for use in the energy sector. The proceedings have involved complex issues of English and Saudi law, applications for urgent interim relief and insolvency and other proceedings before local courts.
  • Acting in an ICC arbitration and related English High Court proceedings for a leading UK-listed pharmaceuticals company in claims relating to breach of warranty and enforcement of a parent company guarantee. The dispute involved issues of English and Indian law. The matter also involved a discrete application before the Companies Court under the Cross-Border Insolvency Regulations, relating to the recognition in England of Singaporean insolvency proceedings and a related stay of all proceedings against the insolvent entity.
  • Acting in an LCIA arbitration worth over USD 200 million concerning the misappropriation of high-value commercial property in Moscow, involving issues of English, Russian, BVI and Cypriot law. The matter was particularly factually complex, requiring in-depth analysis of the factual and legal position. It also entailed the successful defense of two separate challenges to the jurisdiction of the arbitral tribunal.
  • Acting in an LCIA arbitration in London for a Japanese trading house in a dispute concerning the supply of emission credits under the Kyoto Protocol, and the disputed termination of an Emission Reduction Purchase Agreement.
  • Acting for a leading oil major in UNCITRAL arbitration proceedings relating to the enforcement of an indemnity contained in an SPA for the sale of a Cameroonian company. Although an English law dispute, the matter involved various issues of Cameroonian law. 
  • Acting in an ad hoc arbitration relating to systematic overlifting of natural gas liquids from an oil field in the North Sea over a ten-year period. The dispute involved seven oil majors, was of significant value and strategic importance to the client and required complex legal argument.
  • Acting in the first-ever emergency arbitration under the SCC Rules in Stockholm concerning a dispute in relation to the sale and purchase of a Baltic oil and gas terminal.
  • Acting for a major infrastructure services conglomerate in a dispute with a low-cost airline defending an injunction obtained in the English High Court and Court of Appeal. 
  • Acting for one of the UK's leading banks in High Court and Court of Appeal proceedings relating to the disputed appointment of receivers over assets securing GBP 30 million of borrowing.
  • Acting in an appeal against an arbitration award related to the supply of gas condensate between major international energy companies on the basis that it was contrary to public policy and/or obtained by fraud.

Professional Associations and Memberships

  • LCIA’s Young International Arbitration Group
  • Young Attorneys in Alternative Dispute Resolution (Y-ADR)
  • ICC YAF

Admissions

  • England & Wales (Solicitor)~United Kingdom (2010)

Languages

  • English