Cara Dowling focuses her practice in Commercial Litigation and International Arbitration. She acts for clients principally in relation to high value commercial disputes, however she also advises in relation to insolvency proceedings and defamation actions.
Ms. Dowling has significant contentious experience having assisted on a large number of multi-jurisdictional, high value claims in the High Court and Court of Appeal in London as well as leading international commercial arbitration institutions such as the ICC and LCIA. Owing to the largely cross-border nature of her practice, she has experience with specialist aspects of litigation including conflict of laws, non-justiciability and jurisdictional issues such as forum non conveniens, Sovereign Immunity, Act of State and disputed service. In addition, Ms. Dowling is a qualified Solicitor Advocate (Higher Courts Civil Proceedings).
Select Representations
Below is a sample of matters on which Ms. Dowling has been involved:
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Acting for a high net worth private investor in an action against an international bank involving claims for breach of contract and breach of fiduciary duties arising out of alleged unauthorised foreign exchange transactions;
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Advising a large international corporate group on an ICC Arbitration involving misrepresentation, breach of Share Purchase Agreement and breach of warranties, arising out of the share purchase of a multi-jurisdictional corporate group;
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Acting for an investment bank in a High Court Action involving claims for breach of contract and breach of fiduciary duties arising out of sell out of investments subsequent to a margin call on the account during the global economic upheaval in late 2008;
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Acting for a large international corporate group in an LCIA Arbitration concerning breach of contract and/or breach of fiduciary duties and professional obligations arising out of a joint retainer of a law firm; and
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Advising a US creditor of a multi jurisdictional corporate Group in respect to the UK administration as well as the global administration and restructuring.
Other reported cases of note include:
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Bikam OOD and Central Investment Group SA v Adria Cable S.a.r.l. [2012] EWHC 621 (Comm) Acting for the Claimants, Bulgarian and Luxembourg companies in a commercial dispute in the English High Court relating to the sale of shares in a Bulgarian satellite broadcaster. Claimants claim monies due under the SPA. Defendant counterclaims breach of warranty and misrepresentation. Achieved early strategic success striking out Defendant's misrepresentation claim (€8.5 million), in an important case signaling that the Commercial Court will take a commercial approach to the interpretation of entire agreement clauses seeking to limit or exclude liability for misrepresentation.
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British Chiropractic Association v Simon Singh [2009] EWCA Civ 1154; [2010] ALL ER (D) 08 (Apr) (Court of Appeal) Acting for Dr. Simon Singh in the defamation action brought by the BCA
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Michael Cherney v Oleg Deripaska [2007] EWHC 965 (QB) Acting for Mr. Deripaska in the billion dollar plus claim brought in respect to the ownership of Rusal, the largest international aluminium/alumina production entity in the world, including in respect of a domicile dispute and forum challenge
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Tajik Aluminium Plant v Ermatov & Ors [2006] EWHC 2374 (QB) Acting on behalf of OJSC Russian Aluminium (Rusal) and Basic Element in multi-jurisdictional litigation involving a dispute over aluminium/alumina production, alleged joint ventures, breaches of trust and fiduciary duties, and allegations of fraud/bribery and private international law issues
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High-Tech International AG & Ors v Oleg Vladimirovich Deripaska [2006] EWHC 3276 (QB) Acting on behalf of Mr. Deripaska in a complex international claim in respect to a domicile dispute and forum challenge
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Ashton Investments Ltd v OJSC Russian Aluminium (Rusal) [2006] EWHC 2545, Ch Acting for Rusal in a jurisdictional challenge
Bar and Court Admissions
England and Wales, 2007
South Australia, 2004
Education
Adelaide University, LL.B., with honours, 2003
Adelaide University, B.A., 2002