Simon Fawell

Simon-Fawell

Simon Fawell

Partner

London | 160 Queen Victoria Street, London, UK EC4V 4QQ
+44 20 7184 7859 | +44 20 7184 7001

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Simon Fawell focuses his practice on commercial and financial litigation and arbitration, acting for clients across a range of matters relating to banking, structured finance, derivatives (in particular under the ISDA form), commercial mortgage-backed securities (CMBS), asset financing and leasing. More broadly, Mr. Fawell advises on cybersecurity (in particular data breach recovery and issues arising from data breaches), insurance and reinsurance, infrastructure and projects, funds and contentious regulatory matters.

In addition to litigation before the English High Court, English Court of Appeal and UK Supreme Court, Mr. Fawell has represented clients in international arbitration matters before the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC) and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), as well as in ad hoc arbitration under the English Arbitration Act.

Mr. Fawell is well-versed in alternative dispute resolution, including mediation and expert determination. He also assists clients who have experienced cybersecurity breaches, advising on key issues such as notification requirements, potential liability to affected individuals and companies and mitigation.

Recently, Mr. Fawell was part of the Financial Markets Law Committee working group on issues arising in the context of Brexit on the application of English law, the jurisdiction of the English courts and the enforcement of English judgments. He often assists clients on issues of privilege under English law in the context of multi-jurisdictional, internal and regulatory investigations.

Mr. Fawell has been recognized in the The Legal 500 UK as a “strong strategic thinker.” He has been recommended for commercial litigation, banking litigation and insurance and reinsurance litigation. 

Experience

Notable Representations

  • Fondazione Enasarco in a claim against Lehman Brothers concerning the calculation of loss under the 1992 ISDA Master Agreement, obtaining an English High Court judgment of approximately US$61 million.
  • Borrowers in English High Court proceedings concerning the recovery of significant sums from an Italian real estate fund.
  • A major international bank in ARIAS arbitration proceedings concerning an Industry Loss Warranty (ILW) policy, obtaining a multimillion pound award.
  • Perpetual Trustee Company Limited and a number of other entities in the so-called “flip clause” litigation concerning operation of certain waterfall clauses in structured note transactions.
  • A major multinational with a complex infrastructure dispute relating to the construction of a power plant in an emerging market jurisdiction.
  • A U.S. entity in proceedings under the LCIA rules concerning a multimillion pound right to share in the profits from a rail financing transaction.
  • A CIS aluminum company in complex and high-value arbitration proceedings before ICC and SCC arbitration tribunals.
  • Federal-Mogul Ltd in English High Court proceedings concerning operation of insurance and reinsurance policies providing a £500 million cover for asbestos liabilities.
  • A major international bank in ARIAS arbitration proceedings concerning an Industry Loss Warranty (ILW) policy, obtaining a multimillion pound award.
  • A medical technology client with its global response to a cybersecurity breach which resulted in the compromise of sensitive personal data.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • University of London, LL.B., 1999
Admissions
  • England and Wales
Memberships
  • ISDA Arbitration and Dispute Resolution committee
  • London Court of International Arbitration (LCIA)
  • London Solicitors Litigation Association (LSLA)
  • Insurance & Reinsurance Legacy Association (IRLA)
  • British Insurance Law Association (BILA)