Noah Stewart-Ornstein
Overview
Noah Stewart-Ornstein’s practice focuses on complex commercial litigation and arbitration, with a particular emphasis on joint venture and shareholder disputes, complex contractual claims and litigation with a fraud element. Noah has acted in matters before all major arbitral institutions and Courts of all levels in England and Wales, including the Supreme Court, as well as a number of foreign courts. Noah also has significant experience with obtaining interim relief, including pre-action disclosure and freezing orders, and in acting as coordinating counsel for multijurisdictional matters and assisting clients to develop and implement cross-border litigation strategies.
Noah is ranked in Chambers and Partners for Commercial Litigation and described as "very thorough, very enthusiastic and all over the detail" and as "a formidable lawyer with an amazing ability to digest complex bundles of information and a very good tactical approach [who] fiercely protects his clients' interests and is always thinking about the best way forward". The Legal 500 ranks Noah as a key lawyer in Kirkland’s London litigation department and describes him as a “stand out associate” that is “destined for partnership”.
Before joining Kirkland, Noah practiced at a leading London litigation boutique and completed a commercial pupillage at eminent commercial barristers’ chambers Essex Court Chambers, Fountain Court and 4 Pump Court as a Harold G Fox Scholar. Before coming to the UK, Noah served as a judicial law clerk to the judges of the British Columbia Court of Appeal.
Experience
Representative Matters
Since joining Kirkland, Noah has been involved in a wide range of matters:
Litigation
- Acting for Caterpillar to secure a comprehensive victory against former dealer in long-running $145 million dispute;
- Acting for FTV Capital in a long running shareholder dispute with the founder and majority shareholder of ETFS Capital Limited. dispute culminated in an unfair prejudice petition in the Royal Court of Jersey. Following a four week trial, FTV Capital prevailed in establishing unfair prejudice and obtained an order for a buy-out by the majority shareholder;
- Acting for Wyndham Destinations in litigation in the High Court (Commercial Court) involving claims in relation to 74 contracts arising out of the $1.3 billion sale of its European business;
- Acting for the Galapagos Group in litigation in the High Court (Financial List) in relation to an €800 million debt restructuring and coordinating related litigation in Germany, Luxembourg and New York;
- Acting as global coordinating counsel for a Fortune 100 company in relation to a multijurisdictional asset recovery effort;
- Acting for a private equity fund in relation to a claim by a limited partner in the Scottish Court of Session;
- Acting for a software service provider in relation to a commercial dispute with a former agent;
- Acted for an investor in a multi-forum shareholder dispute including unfair prejudice proceedings being brought in the Singapore Court and a SIAC arbitration;
- Advised a Chinese entity in respect of a shareholder dispute;
- Represented a multinational natural resources company in relation to criminal investigations by the DOJ, SFO and other regulatory agencies in respect of potential bribery offences.
Arbitration
- Representing a Fortune 100 company in a $100 million political risk insurance claim (London seat, ICC arbitration);
- Representing a leading global logistics company in a number of ICC arbitration and mediation proceedings (Dubai seat), Lebanese arbitration proceedings (Beirut seat, LAMC arbitration), as well as court and regulatory proceedings in various jurisdictions, in relation to multiple shareholder and finance disputes;
- Representing a Middle Eastern logistics company in ICSID arbitration proceedings against a Middle Eastern state in connection with the expropriation of its investment in the telecommunications sector;
- Representing a major international retailer (in liquidation) in arbitration proceedings brought to circumvent the global restructuring effort (Hong Kong seat, HKIAC arbitration)
- Negotiated the settlement of an $800 million joint-venture claim involving a major US entertainment company and a middle eastern state owned enterprise (London seat, LCIA arbitration);
- Advised a major global private equity firm on a make or break dispute involving a €500 million investment (London seat, LCIA arbitration);
- Represented a multinational logistics provider in respect of a dispute with a former agent under Ghanaian law (Ad hoc arbitration).
Noah maintains an active pro-bono practice, representing appellants before the First-Tier Tribunal (Social Security and Child Support).
Clerk & Government Experience
Law ClerkHonorable Katherine E. Neilson and Honorable David F. TysoeCourt of Appeal for British Columbia
Prior Experience
Peters & Peters Solicitors LLP, London, Associate (Commercial Litigation and International Civil Fraud)
Fox Scholar (Non-Qualifying Pupillage at Fountain Court Chambers, Essex Court Chambers and 4 Pump Court)
More
Thought Leadership
Publications
“2022 Arbitration Year in Review”, Practical Law Arbitration Blog (4 January 2023) (with Ed Mort)
“2021 Arbitration Year in Review”, Practical Law Arbitration Blog (24 December 2021) (with Harkiran Hothi)
“2020 Arbitration Year in Review”, Practical Law Arbitration Blog (23 December 2020) (with Harkiran Hothi)
“Arbitrating oppression: Fulham, Dickson and the unfair prejudice remedy”, Practical Law Arbitration Blog (24 April 2020)
“2019 Arbitration Year in Review”, Practical Law Arbitration Blog (17 December 2019) (with Harkiran Hothi)
“Memorials v pleadings: how to pick the winning approach for your arbitration”, Practical Law Arbitration Blog (9 May 2019) (with Chiraag Shah)
“What will be the impact of a no-deal Brexit on civil judicial cooperation between the UK and EU?”, Corporate Disputes Magazine (April–June 2019) (with Harkiran Hothi)
“Court of Appeal Issues Landmark Ruling on Privilege in Internal Investigations”, Corporate Disputes Magazine (January–March 2019) (with Chiraag Shah)
“2018 Arbitration Year in Review”, Practical Law Arbitration Blog (19 December 2018) (with Harkiran Hothi)
“No Oral Variation Clauses are Effective, Supreme Court Clarifies”, Practical Law Dispute Resolution Blog (5 June 2018)
“Confirmed: foreign act of state doctrine applies in English arbitrations”, Practical Law Arbitration Blog (22 May 2018)
“A Light at the End of the Tunnel for Internal Investigation Privilege?”, Corporate Disputes Magazine (April–June 2018)
“Don’t get stuck in the penalty box – the world post-Makdessi”, Corporate Disputes Magazine (January-March 2018)
“2017 Arbitration Year in Review”, Practical Law Arbitration Blog (20 December 2017)
“Update on the European Commission’s Drive for Investment Courts”, Practical Law Arbitration Blog (2 November 2017) (with Philipp Kurek)
“The Final Chapter in the ‘Rainy Sky’ Trilogy?”, Corporate Disputes Magazine (July–September 2017)
“Sophisticated Buyers Rebuffed, in Landmark LIBOR Mis-Selling Claim”, Compliance Monitor, Vol 29, Issue 7, (April 2017) (with James le Galais)
Credentials
Admissions & Qualifications
- 2015, Law Society of Upper Canada (Barrister and Solicitor)
Education
- University of British ColumbiaJ.D.2014
Panvini Scholarship
Law Foundation Award
Superior Courts Judges’ Award
Thorsteinssons Prize in Tax Law
Richard T Israel QC Award
- Concordia UniversityB.A.2011