Germany: Florian Von Baum
France: Emmanuel Gouge
Asia Pacific: Paul Haswell
Middle East: Stefan Paciorek
Large, strategic TMT and sourcing contracts often encounter difficulties and result in huge business disruption. This can create significant business risk if such issues are not properly addressed and resolved. These include the breakdown of relationships between customer and supplier, serious reputational and operational risks (especially in relation to exit and transition), substantial wasted costs and project failure. Litigation, while a last resort, may then be unavoidable.
Failed projects present a myriad of challenges for both suppliers and customers. Establishing which party is culpable is technically and legally complex and requires specialist expertise. Technology disputes can be even more complex and the prospect of litigation can be daunting.
Engaging the right legal partner with a strong sector expertise and technology disputes experience is essential to provide clarity and guidance through an uncertain process, to minimise the impact of litigation and maximise prospects of reaching a successful outcome.
Pinsent Masons is the legal partner with this specialist technology sector insight and skills, unmatched ability and an expert team to meet all the challenges of an IT dispute.
We therefore seek to facilitate solutions to enable clients to recover or exit distressed projects, manage exit effectively, and execute appropriate dispute resolution procedures.
To enable us to meet the many challenges inherent in TMT disputes, we have developed a project management methodology which alleviates the pressures clients may face during a disputes process, and provides the certainty of a tailored framework for minimising the impact of a dispute on a client's business. It also provides certainty on managing legal costs. The tool has received positive feedback from clients.
Our disputes team was the first dedicated IT contentious practice in the UK. 25 years later we have one of the most highly regarded technology legal teams in the world, including technology hubs across Europe, Asia Pac and Middle East.
Our partners are consistently recognised as leading practitioners by the legal directories. We are currently acting in the two largest TMT disputes in the world, by value and complexity. Examples of cases we have been involved in include:
- Acting for a global IT services provider in relation to a dispute with a UK public sector body with claims in excess of £500 million. This dispute involved the mobilisation of a team of in excess of twenty lawyers, including the client's legal team and counsel, plus experts in project programming (delay), software quality and quantum.
- Advising an Asia Pac supplier on an international dispute involving 16 telecommunications companies in relation to the delivery of a sub-marine cable system extending from Asia Pacific to Europe.
- We have been advising a leading international PC and tablet manufacturer on defending various warranty and misselling claims, arising from sales in Hong Kong, particularly from their internet sales platform.
- Advising Nokia Solutions and Networks on an arbitration concerning a multi-billion EUR public sector telecommunications network in Norway
- Acting as co-counsel for HMRC, Pinsent Masons prepared a substantial claim against an IT outsourcing service provider for failures in system development which led to a substantial over payment of tax credits. The matter was resolved on confidential terms.
- Acting for a central government department in the UK in relation to a major IT implementation with a multi-million pound damages claim, run under LCIA Rules of Arbitration. This ongoing dispute involves some 4.5 million documents, 60 witnesses and multiple experts.
- Acting for an IT supplier in relation to High Court proceedings brought by a UK retailer regarding a retail point of sale system. The retailer had terminated the agreement between the parties for breach. Following a mediation, the parties ultimately agreed terms upon which the system was successfully rolled out to the retailer's 500+ UK outlets.