Thomas Yates

Thomas (Tom) Yates

Associate
Baker & McKenzie Services Limited

Biography

Thomas Yates is a senior associate and solicitor-advocate in the Dispute Resolution Department of Baker McKenzie's London office and a member of the Firm’s International Arbitration Practice Group.

Thomas has over 13 years' experience and focuses on managing risks and resolving disputes in corporate and banking matters. He has significant experience in both commercial litigation (appearing at all levels of the English court) and international arbitration (including under the LCIA, ICC and UNCITRAL rules). He is recognised as a leading practitioner in Euromoney's Expert Guide to Commercial Arbitration.

Practice Focus

Thomas advises multinational companies, private equity funds and ultra high-net-worth individuals on managing risk and resolving disputes relating to M&A transactions, joint ventures, and shareholder and director liabilities, including warranty and indemnity claims, exercise of put and call options, breaches of joint venture or shareholder agreements, unfair prejudice petitions and advising on directors' duties.

Thomas also advises major banks on banking & finance disputes and has been seconded to the in-house litigation department of a major US investment bank. He also has experience in emission trading disputes and contentious insolvency proceedings.

Thomas has significant experience handling disputes arising out of Russia and other Eastern European countries and has also worked in Baker McKenzie's Sydney and Dubai offices.

Representative Legal Matters

  • Represented a consortium of private equity funds in defending an ICC arbitration relating to claims of breach of warranty following the sale of an advertising business operating across Africa to one of the world's largest advertising companies.
  • Advised one of the world's leading oil and gas companies in a dispute with a joint venture partner regarding director duties and shareholder obligations under a joint venture agreement.
  • Represented one of the Middle East's largest construction companies in an LCIA arbitration against a Russian entity relating to a joint venture dispute valued in excess of USD 200 million arising out of a real estate development in Russia.
  • Acted for a leading manufacturer of car parts in a claim for fraudulent misrepresentation and breach of warranty against the seller of a business acquired through a share acquisition.
  • Acted for one of the world's largest brewers in an ICC arbitration relating to breach of warranty claims following the purchase of a Ukrainian brewery.
  • Acted for a subsidiary of one of Russia's largest banks in an LCIA arbitration against a Russian bank following a default under a USD 250million Subordinated Loan Agreement following a state bail-out of the borrower. The case led to Baker McKenzie being nominated for Arbitration Team of the Year at the 2018 Legal Business Awards.
  • Represented a major Russian bank in multiple proceedings brought by and against a group of Russian based borrowers and guarantors. Proceedings were brought in Russia, Cyprus, Bulgaria, France, the British Virgin Islands and England and involved claims in excess of USD 200 million.
  • Represented the Kingdom of Saudi Arabia in defending a claim for acts allegedly committed by the State and its officers within the Kingdom. The appeal was heard before the House of Lords (now the Supreme Court), the final domestic appellate court, which upheld the Kingdom's entitlement to rely on the doctrine of state immunity on behalf of itself and its officers and not to be subject to the jurisdiction of the English courts.
  • Acted for Tradition (UK) Limited (trading as TradIndex), a large spread betting firm, in recovering a large client debt. Successfully defended an application to set-aside a statutory demand before successfully bringing proceeding under s.262(4)(a) of the Insolvency Act against the debtor and the chairman of the debtor's IVA proposal to revoke the approval of the IVA obtained at a creditors' meeting. Subsequently obtained a bankruptcy order against the debtor.
  • Advised numerous banks, energy companies and trading houses on rights and obligations under primary and secondary Emission Reduction Purchase Agreements (ERPAs).

Professional Honors

  • Recognised Expert, Euromoney's Expert Guide to Commercial Arbitration, 2015

Professional Associations and Memberships

  • Law Society of England and Wales - Member
  • International Chamber of Commerce (ICC) - Member
  • London Court of International Arbitration (LCIA) - Member
  • Young International Arbitration Group (YIAG) - Member
  • ICC Young Arbitrators’ Forum (YAF). - Member
  • Chartered Institute of Arbitrators (MCIArb) - Member
  • Chartered Institute of Arbitrators' Young Members Group - Member of the Global Steering Committee (2013-2016)

Admissions

  • England & Wales~United Kingdom (2004)

Education

  • University of London (Queen Mary) (Post Graduate Diploma International Commercial Arbitration) (2006)
  • Oxford Institute of Legal Practice (Post Graduate Diploma Law) (2002)
  • Sheffield Hallam University (LL.B. Hons - International) (2000)

Languages

  • English

Previous Offices

  • Sydney
  • Dubai