Nicholas Sloboda KC

“An excellent junior, very thorough and well-prepared. Produces high quality written analysis and advocacy” (Legal 500 2022, International Arbitration: Counsel)

"Nick is lovely to deal with and a real team leader. He wraps a ferocious intelligence in a genial and down to earth manner which is very well liked by clients." (Legal 500 2023, Commercial Litigation)

"He is exceptionally good and a silk in waiting. He is extremely decisive and clear in his advice." (Chambers & Partners 2023, Energy)

• ICC proceedings (London seat): Acting (with Daniel Toledano QC) in a multibillion dollar claim between a multinational power generation company and a State.
• Gas Price Review: Acting (with Sa’ad Hossain QC) for BP in a gas price dispute under a long term gas supply contract between energy majors.
• SIAC Proceedings (Singapore seat): Acting (with Laurence Rabinowitz QC) in a multibillion US$ dispute between multinational energy groups concerning allegations of deceit, indemnity claims and breach of warranty under an SPA. Particular factual issues included reserve booking rules, production estimates, asset integrity/maintenance and decommissioning obligations. 35 day liability trial in 2018.
• ICC proceedings (Geneva seat): Acting (with John McCaughran QC) in a multibillion dollar international dispute heard in the ICC in Paris in 2014, between a national electricity supplier and national oil&gas companies. One of the largest international energy arbitrations, which included factual issues concerning pipeline facilities/security, interpretation of contract, complex quantification of loss questions in long-term gas supply contracts etc. Successfully obtained an approx US$1.7 billion award in December 2015.
• Mariana & ors v BHP Billiton plc (the Fundão dam litigation) [2022] 1 WLR 4691; [2022] 1 WLR 919; [2020] EWHC 2930 (TCC).  Acting for BHP in respect of the Fundão dam (an iron ore tailings dam) collapse in Brazil.
• Expert Determination: Acting (with Sa’ad Hossain) for an energy major in expert determination proceedings concerning whether certain oil duties in budgets constitute taxes imposed for environmental purposes.

"Nicholas is ferociously intelligent.",  "He has lots of experience of enormous scale litigation." (Chambers & Partners 2023, Civil Fraud)

• HMRC v GE [2021] Ch 423: Defending (with Laurence Rabinowitz KC) the GE group against fraud claims by HMRC in respect of a multi-billion dollar tax settlement. Appearing in 3 day appeal concerning the limitation period / operation of equitable rescission in deceit.
• Vald Nielsen & ors v Baldorino & ors (Comm) [2019] EWHC 1926 (Comm) [2017] EWHC 1033 (Comm). Acting (with Alain Choo Choy QC) for the defendant management buy-out team, in a six week Comm ct trial of deceit/breach of warranty under an SPA.
• VW emissions litigation [2023] 1 All E.R. (Comm) 107: acted for VW defending claims for deceit in the large GLO. Appeared (with Charles Gibson KC) for VW to strike out deceit claims on the basis of an ‘awareness’ requirement:
• FTSE 100 investigation: Acting (with Rhodri Davies QC) as independent counsel to an investigation at a FTSE 100 plc.
• Bilta v Deutsche Bank [2017] EWHC 135 (Ch): Acting (with Daniel Toledano QC) for Deutsche Bank in proceedings related to alleged VAT fraud in the carbon emissions trading market.
• Alliance Bank v Aquanta & ors [2012] 1 Lloyd's Rep. 181, [2013] 1 All E.R. (Comm) 819 Acting (variously with Kenneth Maclean QC and Daniel Toledano QC) for Alliance, one of Kazakhstan’s largest banks, in a very large (US$1bn+) fraud claim against its former controlling shareholders and their related entities. Three week jurisdiction hearing in the Commercial Court in 2011 ([2012] 1 Lloyd's Rep. 181) and one week appeal on jurisdiction in 2012 [2013] 1 All E.R. (Comm) 819.

“He is an incredibly impressive and bright barrister.”, “Nick is clever, practical and always prepared to roll up his sleeves in a case.” (Chambers & Partners 2023, Group Litigation)

• Mariana & ors v BHP Billiton plc (the Fundão dam litigation) [2022] 1 WLR 4691; [2022] 1 WLR 919; [2020] EWHC 2930 (TCC): acting for BHP in the largest ever group claim in England (c.700k individual Claimants have issued proceedings), in respect of the Fundão dam collapse in Brazil.
• The VW Emissions group litigation: acting for the VW group in the ‘diesel-gate’ GLO (c.100k Claimants).
• Uber: acting for Uber in the ‘employee rights’ claims brought by drivers
• The Amerisur Putumayo Group Litigation [2023] EWHC 122 (KB): acting for Amerisur Resources in respect of a claim brought by Colombian individuals in respect of environmental damage caused by an oil spill
• The RCI Timeshare litigation: acting for RCI, the global timeshare exchange group, in a GLO claim brought by c. 500 individuals. Judgment for RCI following trial: Abbott & ors v RCI Europe [2016] EWHC 2602 (Ch)

• Regular appearances in the Commercial Court, Chancery Division and before Arbitral Tribunals (for applicants and respondents) on urgent interim injunctions, freezing orders, Bankers Trust orders, disclosure orders and jurisdiction challenges. Disputes Nick appeared in include:
• Mariana & ors v BHP [2022] 1 WLR 4691; [2022] 1 WLR 919; [2020] EWHC 2930 (TCC). Acting (with Charles Gibson KC, Daniel Toledano KC and Shaheed Fatima KC) for BHP group in multi-billion $ claim in respect of the Fundão dam collapse in Brazil. Extensive hearings at first instance and before the Court of Appeal on jurisdiction
• Dar Al Arkan v (1) Al Refai, (2) Kroll & ors [2014] EWCA Civ 715 – order for delivery up, restraint on use of confidential information, worldwide freezing injunctions, jurisdiction challenge. Order set aside and not re-granted for material non-disclosure. Jurisdiction over committal proceedings.
• Alliance v Aquanta & ors [2012] 1 Lloyd's Rep. 181, [2013] 1 All E.R. (Comm) 819 – worldwide freezing injunction, jurisdiction challenge
• SABMiller Africa & Tanzania Breweries Ltd v East African Breweries Ltd [2009] EWHC 2140 (Comm) [2010] EWCA Civ 1564 – s.44 Arbitration Act injunction