Steven Baker is a partner in Cadwalader’s Global Litigation Group, based in London.
Steven specialises in complex, often multi-jurisdictional, disputes in the fields of general commercial law and private international law, with a particular focus on banking, financial services, commodities, and technology and communications. A developing part of his practice includes ‘cross-over’ cases involving competition law, commercial law and regulatory enforcement. In addition to a strong litigation profile, Steven also appears frequently in commercial arbitrations, before the ICC, LCIA, SIAC, CAS and other, ad hoc, tribunals.
Chambers UK, Europe and Global recognises Steven as a notable practitioner, describing him as a “tremendous litigator – he is very clever and efficient, and handles multiple clients well”, as well as being “very thoughtful, very into the detail, but equally takes a very commercial stance”, and “very good at running complex commercial disputes, very bright and a pleasure to deal with”. Steven is also recognised by the Legal 500 for ‘Commercial Litigation’, ‘Banking Litigation: Investment and Retail’ and ‘International Arbitration’.
Steven lectures on dispute resolution related matters, including at the Said Business School, University of Oxford. He is also the co-author of a forthcoming practitioner’s text book to be published in March 2018: “IT Contracts and Dispute Management: A Practitioner’s Guide to the Project Lifecycle”.
Steven is admitted to practice in England and Wales.
Recent notable litigation matters include acting for:
- A leading investment bank in complex multi-party, multi-jurisdictional proceedings arising out of the transfer of assets and liabilities of a collapsed bank in a EU member state to a ‘bridge’ bank, including the legal effect of various resolutions of the member state’s central bank on the transferability of a substantial loan;
- A leading investment bank in the defence of a very substantial claim of alleged misselling and misrepresentation in respect of various CDOs/CDSs;
- A sovereign wealth fund in connection with substantial claims for undisclosed commission arising from transition management arrangements and in connection with a subsequent DoJ investigation into a US based asset management company;
- A financial institution to recover loan instalment from a defaulting ship owner in respect of a shipbuilding contract;
- A leading investment bank in a substantial dispute arising out of the operation of a long term Total Swap Return transaction;
- Skype Technologies SA in a very substantial, high profile £2.1bn dispute in the UK High Court and courts in California, Delaware and Estonia, arising out of the licensing and ownership of Skype’s core peer-to-peer technology, including obtaining an anti-suit injunction;
- Winterthur Swiss Insurance Company in its defence of a £50m breach of warranty / deceit Commercial Court action arising out of the sale of Churchill Insurance Group to Royal Bank of Scotland Plc;
- A leading UK broadcaster on a major dispute relating to a contract for the supply of digital broadcasting management technology including advising on termination strategy, post termination recovery of assets and successful contract renegotiation.
Recent notable arbitration matters include acting for:
- A multi-national soft commodities trading company in UNCITRAL arbitration against Kazakhstan entity claiming over US $30m in respect of shipped consignments of sugar;
- A major aerospace and defence company in a substantial ICC arbitration concerning modifications to specialised aircraft under a services contract, including applications for emergency arbitrator relief;
- A major European shipping company in substantial ICC arbitration concerning major delays and technical issues in the construction of a series of VLCC ships;
- An energy company in LCIA arbitration concerning issues arising from vessel conversion into FPSO;
- A leaseholder of a communications satellite in a complex and high value ICC arbitration concerning various alleged design defects in the satellite;
- A South Korean electronics corporation in a London based ICC arbitration, in a claim for substantial licence fees against a Hong Kong TV manufacturer;
- An Indian national telecoms carrier in a substantial ICC arbitration concerning the design and operation of a global satellite access node and various claims for interconnection charges;
- A European drugs manufacturer in a substantial ICC arbitration arising out of a manufacturing and distribution agreement;
- A pharmaceutical company in a LCIA arbitration relating to the ownership of rights to biopharmaceutical products developed within a licence agreement framework;
- An international broadcaster in a LCIA arbitration, in a dispute over the spectrum coverage provided by a satellite;
- A leading global supplier of financial trading systems in an UNCITRAL arbitration with an Asian stock exchange in a US $107m ICC arbitration over the supply of a derivatives trading system. Settled successfully before hearing;
- A leading international technology supplier in an ICC arbitration over US $700m outsourcing contract with major energy utility company;
- A leading European telecoms technology outsourcer in an ICC arbitration with a European travel agency over a €300 million outsourcing transaction;
- A consortium of telecoms companies in arbitrated dispute (ICC) concerning the applicability of a force majeure clause to various events in respect of the construction and laying of an under-sea cable in the South China Sea;
- A Chinese power supplier in US $80 million gas specification and take or pay arbitration under UNCITRAL rules;
- A US $20 million ICC arbitration between Taiwanese petrochemical company and oil major arising out of the design of a polyethylene plant in China.