Oliver Cain

Oliver is a partner in SMB’s Dispute Resolution team. He specialises in high-value complex international disputes and has 30 years’ experience of commercial litigation, international arbitration and ADR. His practice spans a broad range of sectors, including recently matters arising out of or related to banking and finance, commodities, energy, real estate, tech (including digital currencies), shipping and telecoms.

A notable example of his work was acting for the claimant in the well-known Tulip Trading proceedings in which his client sought to recover control over bitcoin and other digital assets with a value in the region of £3 billion, in the process obtaining a ground-breaking decision of the Court of Appeal concerning the scope of fiduciary duties of software developers.

The international and cross-border focus of his work is reflected in the fact that he has handled cases involving 60 different jurisdictions throughout Europe, Asia, the Middle East, Africa, Latin America and North America.

He has considerable experience of international arbitration, including under the auspices of the ICC, LCIA and LMAA as well as ad-hoc arbitration proceedings. Examples of his arbitration experience include having acted for a respondent to LCIA arbitration proceedings concerning an investment in two financial institutions with a value approaching US$100 million and acting for the majority shareholder in a Polish real estate fund against a major international investment bank in ICC arbitration proceedings with a value of €110 million.

Fraud disputes are another significant area of his practice, having handled several very large fraud disputes, including acting for an ultra-high net-worth individual in successfully defending claims brought in dishonest assistance, fraudulent misrepresentation and bribery arising out of the purchase of two prime central London properties and acting for two individuals and a BVI registered company in defending claims in conspiracy and dishonest assistance of in excess of US$160 million brought by a Russian bank which culminated in a 13-week trial in the Commercial Court.

He has handled several bribery cases, including acting for two defendants in a bribery dispute with a value of approximately US$900 million, and contempt of court, including pursuing contempt proceedings on behalf of a European bank concerning evidence given by a witness in a €400 million dispute in the Commercial Court.

Throughout his career, he has maintained a shipping disputes practice, a notable example is acting for a Chinese shipyard in pursuing a claim for US$171 million concerning the construction of an offshore drillship.

Originally qualifying as a barrister, Oliver was called to the Bar in 1994 and later cross-qualified as a solicitor in 1998 in order to have a closer relationship with his clients. He has been recognised for many years by the Legal 500 in the fields of Commercial Litigation, International Arbitration and Civil Fraud.

Taking time to understand his clients’ needs, he builds a strategic approach designed to resolve disputes as effectively and efficiently as possible. He has a proven track record of taking over cases where clients have been dissatisfied with their previous advisors’ approach, developing strategies that successfully turn those cases around.