We work with sovereign entities on discrete legal and reputational issues. Working with heads of state, heads of government, ministry’s, sovereign bodies and embassies on complex legal and reputational issues we develop campaigns that protect and promote the interests of sovereign entities. We advise on a range of extraordinary situations where the independent, dispassionate and objective input of experienced international lawyers and reputation experts who are used to operating in distress situations and who are familiar with international best practice on a range of issues (such as governance / sanctions/ corruption / international lawfare) is required.
We are specialists in diplomatic immunity and state immunity issues from both legal and communication perspectives. Our dedicated disputes team help bring and defend legal claims.
For further information or assistance, please contact Negar Yazdani.
We advise extensively on all issues relating to diplomatic immunity – often advising ministries of foreign affairs and deputy heads of missions on legal issues where criminal acts have transpired or civil claims initiated have been against the embassy or any of its diplomats / staff, or where the embassy is considering legal action (as set out in detail under Diplomatic Community Representation).
We have advised sovereigns in loan and bond market financings. We are experienced in advising in distress situations – and working with sovereigns and indeed all parties on crisis situations where an orderly or disorderly default may follow.
Many sovereigns are heavily indebted. They are constantly juggling local currency domestic debt and foreign currency external debt to balance the books. With borrowings and refinancings for many wholly susceptible to general macro-economic events, commodity prices and investor sentiment, assured market access is always at risk. Most countries have high or growing Debt to GDP ratios.
Similarly, we understand the approach of the IMF, the impact on negotiations of the absence of an international insolvency regime for sovereigns to the very specific dynamics surrounding such situations and the potential work out role played by recovery instruments.
We advise sovereign governments (usually through the relevant ministry and civil secretariat) on bringing and defending legal claims on all type of business and civil matters. A minefield for the inexperienced, as preliminary actions and early decisions can dictate or destroy a sovereigns’ advisable litigation strategy.
We are well versed in the issues concerning the pursuit and defence of claims in the sovereign and sub-sovereign sphere, including, state agencies and state owned entities.
We are experts in advising on the legal and practical parameters of state immunity in all matters – whether commercial activities, financings, disputes and its overlap with diplomatic immunity in criminal matters. Issues of state immunity – a broad well recognised principle of national and international law – are often intertwined with the narrower issues of diplomatic immunity.
We advise on all issues relating to SOEs with specific focus on governance, financing and restructuring. Key players in each sovereign jurisdiction, SOEs are often the holders of key national assets (oil & gas) or highly regulated industries (nuclear, railways, banks) and are primary drivers of local economies.
We advise on a range of extraordinary situations where the independent, dispassionate and objective input of experienced international lawyers who are used to operating in distress situations and who are familiar with international best practice on a range of issues (such as governance / sanctions/ corruption / international lawfare) is required. This tends to be bespoke and highly confidential work. This can include strategic defensive analysis and work to counter any international lawfare by a third party targeting a sovereign country or its government.
Sovereign Wealth Funds
Our team’s unique combination of expert lawyers and leading strategic communication specialists with extensive experience in advising some of the world’s leading sovereign wealth funds and investors enables us to offer sophisticated advice and a complete service to SWFs.
For further information or assistance, please contact Negar Yazdani.
Given our knowledge of state immunity and sovereign disputes, we are well aware of the underpinning legal issues relating to SWFs. Combined with our core Dispute Resolutions offering, our lack of conflict, and a heightened sensibility to the media war surrounding some recent high profile cases, we are well positioned to advise on such strategic litigation.
We are well versed in the Santiago Principles and familiar with the crafting of best practice, self-regulating and transparent guidance of SWFs – as well as the pervasive weaknesses which leave them susceptible to attack and criticism.
Recent public issues relating to use of funds, investments, the incurrence of very substantial losses and overall accountability have put the governance of SWFs in the spotlight.
Governments and legislatures often move to establish defensive and hostile positions against SWFs – to defend what they perceive as strategic industries or business sectors against third party government ownership via SWFs. Our expert team can assist SWFs in dealing with these issues and advise on how to implement good governance procedures.
We advise SWFs on robust anti-corruption procedures, provide a full analysis of risk in multinational transactions and establish appropriate compliance policies and procedures.
We advise SWFs to be best in “class” on matters of governance and propriety and to ensure that this message is properly conveyed. Allied to the Governance concerns, we take an active stance in the protection of the reputation of SWFs at a time when several are mired in scandal.
Our principal role in any major investment transaction is to ensure that the due diligence processes are properly thought through and implemented. We analyse the outputs so that we can ensure our clients are fully aware of any serious legal, communications, regulatory and public policy and political repercussions.