Founder Series: Navigating Shareholder Disputes in the UK (2024)

Authors

Founder Series: Navigating Shareholder Disputes in the UK (1)

Jamie MoorePartner, Technology Companies Group, Fintech

London

  • D+44 20 7862 4610
  • E[emailprotected]

See my bio

Founder Series: Navigating Shareholder Disputes in the UK (2)

  • D:+44 20 7862 4610
  • E:[emailprotected]

Practice:

  • Technology & Innovation Sector
  • Technology Companies Group
  • Fintech
  • vCard
  • See full bio

Jamie MoorePartner

London

Jamie acts for both early and late stage companies in intellectual property rich sectors and those who invest in them, including some of the most active venture capital funds, corporate or individual investors.

Jamie has a passion for disruptive technologies, innovation and entrepreneurial business. He has acted on countless transactions across a broad range of sectors both in the UK and internationally, but is most known for his experience in acting on investments into fintech and Artificial Intelligence companies.

Jamie has deep knowledge of the practice area in which he operates and market trends, which he leverages to provide clear and concise advice on a range of corporate issues taking high growth technology companies from start-up through to exit.

He presents on corporate law and venture capital to clients and at seminars in the City, including practitioners’ conferences on practical legal issues in venture capital transactions and SEIS/EIS investments.

An active participant in the venture capital community, Jamie Moore has contributed to industry standard form documentation, acted as a mentor for various Seedcamp portfolio companies and hosted office-hours for the Barclays' TechStars cohort.

Founder Series: Navigating Shareholder Disputes in the UK (4)

  • D:+44 20 7862 4622
  • E:[emailprotected]

Practice:

  • Energy & Infrastructure Sector
  • International Arbitration & Dispute Resolution
  • Oil & Gas
  • Energy
  • Complex Litigation & Dispute Resolution
  • International Trade and Investment
  • FCPA & Anti–Corruption
  • Africa
  • vCard
  • See full bio

Mark BeeleyPartner

London

Mark leads Orrick’s global international arbitration practice group, and acts as advocate and counsel whether in international arbitrations (both commercial and investor-state) or in litigation in the English and DIFC courts. He has particularly deep experience in energy disputes, but also regularly acts in construction, technology, insurance, shareholder and white-collar/civil fraud matters (including advising on sanctions and export controls).

Mark has acted in arbitrations under all the major arbitration rules in disputes seated around the globe involving a wide range of governing laws and sits as arbitrator (including both as chairman and sole arbitrator). He previously practiced in Dubai as a Registered Foreign Lawyer and maintains a practice as advocate (and solicitor) in both the English and DIFC Courts (along with supervising cross-border litigation in multiple other jurisdictions). He is recognised in the leading directories for arbitration, litigation and natural resources disputes (including Chambers & Partners, Legal 500, GAR and Who’s Who). In addition, he has been recognised as a foreign expert in disputes in both the UAE and India by Chambers.

He has a particular interest in energy sector disputes, including those in the upstream and LNG areas he knows “oil and gas inside out” and is “as knowledgeable as anyone about international arbitration in the energy sector, specifically oil, gas and renewables” (Chambers & Partners UK ) and is recognised in Who's Who Legal for Energy, Chambers UK for Energy & Natural Resource Disputes and Legal 500 for Oil & Gas), but has dealt with matters across the industry, running the gamut from seismic acquisition agreements through to IP disputes involving refined products, carbon trading agreements and the construction and licencing of renewable projects. He recently led the AIEN Model Form Revision sub-committee focusing on the dispute resolution aspects of the model form JOA.

As illustrated below, beyond energy, Mark has acted in the infrastructure/construction, technology, insurance, fintech, pharmaceutical, telecoms, insurance and finance sectors (amongst others) and also advises extensively (both in the advisory context and in leading investigations/claims) in relation to white-collar/fraud matters, including money laundering, bribery, sanctions and export control issues.

Originally called to the English Bar and now practicing as a solicitor-advocate, Mark frequently publishes and speaks on arbitration and energy matters, including on questions of sovereign immunity, res judicata, arbitration procedure, the award of interest and other questions on damages. Mark serves as a member of the ICC's Commission on Arbitration & ADR, as well as on the ICC UK's Arbitration & ADR Committee. He also leads Orrick's London Office.

Founder Series: Navigating Shareholder Disputes in the UK (5)

London

  • D+44 20 7862 4682
  • E[emailprotected]

See my bio

Founder Series: Navigating Shareholder Disputes in the UK (6)

  • D:+44 20 7862 4682
  • E:[emailprotected]

Practice:

  • Finance Sector
  • Complex Litigation & Dispute Resolution
  • International Arbitration & Dispute Resolution
  • Global Investigations
  • Internal Investigations
  • Bankruptcy Litigation
  • vCard
  • See full bio

Simon WillisPartner

London

Simon has wide experience of acting for major financial institutions, companies and professional firms in complex litigation, investigations and proceedings by domestic and overseas regulators, professional disciplinary proceedings, ad hoc governmental inquiries and internal investigations. In particular he has acted for those subject to investigations by a wide range of regulatory bodies including the Financial Reporting Council, the Financial Conduct Authority, the Prudential Regulation Authority, the Serious Fraud Office, the Securities and Exchange Commission, the Public Company Accounting Oversight Board and others. He has considerable experience of advising clients on risk management and reputational risk arising from contentious matters.

Simon has been recognised in the Legal 500 and Chambers & Partners as:an outstanding litigation solicitor”, who is “highly experienced in conducting heavy litigation”, and “one of the best lawyers operating in the Accountant’s liability space”. His clients describe him as “tactically astute and painstaking" and “tough, hardworking, well informed and highly tactical in his thinking.” with a “winning combination of legal knowledge and practicality”.

Please direct any HR or recruitment queries to our Recruitment Manager, Sophia Eleftheriou ([emailprotected]).

Founder Series: Navigating Shareholder Disputes in the UK (7)

London

  • D442078624600
  • E[emailprotected]

See my bio

Founder Series: Navigating Shareholder Disputes in the UK (8)

  • D:442078624600
  • E:[emailprotected]

Practice:

  • Energy & Infrastructure Sector
  • International Arbitration & Dispute Resolution
  • Complex Litigation & Dispute Resolution
  • Energy
  • Oil & Gas
  • Infrastructure
  • Investigations
  • vCard
  • See full bio

Harriet GibsonManaging Associate

London

In addition to her core experience in ICC and LCIA arbitrations representing clients in the oil and gas, technology and airline industries, Harriet also has experience acting in sports-related arbitrations and representing clients in English High Court and Court of Appeal litigation and enforcement proceedings.

Founder Series: Navigating Shareholder Disputes in the UK (9)

London

  • D+442078624600
  • E[emailprotected]

See my bio

Founder Series: Navigating Shareholder Disputes in the UK (10)

  • D:+442078624600
  • E:[emailprotected]

Practice:

  • Technology & Innovation
  • Technology Companies Group
  • vCard
  • See full bio

Kristy HartAssociate

London

Kristy has experience working with companies as well as investors and venture capital funds throughout a company's life cycle, including early-stage financings, institutional funding rounds and exits.

In addition to equity financings, Kristy advises clients on other corporate transactions including bridge financings, secondary transactions and cross-border flip transactions.

Related Areas

  • Technology Companies Group

  • Orrick’s Founder Series

  • UK Startup Health Check Tool

Markets

  • United Kingdom

Founder Series: Navigating Shareholder Disputes in the UK (2024)

FAQs

How do you resolve shareholder disputes? ›

Resolving disagreements between shareholders
  1. Put preventative measures in place. Shareholder disputes are more common in companies that do not have a shareholders' agreement in place. ...
  2. Consider professional mediation. ...
  3. Buy out the disputing member's shareholdings. ...
  4. Sell the whole company. ...
  5. Take court action.

What happens when shareholders disagree? ›

Deadlock should be avoided if at all possible, and there is often a way through if shareholders are willing to negotiate or compromise. However, if shareholders simply cannot agree then the first course of action should be to refer to the shareholders' agreement, or the company's articles.

What are the 5 methods of resolving disputes? ›

The most common ADR methods are negotiation, mediation, conciliation, arbitration, and private judging.
  • Negotiation. Negotiation is usually the first approach to take before resorting to other ADR methods. ...
  • Mediation. Mediation is a type of assisted negotiation. ...
  • Conciliation. ...
  • Arbitration. ...
  • Private Judging. ...
  • Conclusion.
Mar 8, 2022

What are 3 steps you can take to resolve disputes? ›

Step 1 – understand and identify the dispute. Step 2 - talk to the other party. Step 3 - write to the other party. Step 4 - ask for help from a third party.

What happens if 50/50 shareholders disagree? ›

If a deadlock has been reached and one director with a 50% shareholding wants to liquidate the company, the court will need to be involved. A shareholder or group of shareholders with 50% of the shares will not be able to force a liquidation, so the only available option is to ask for a court order.

How do you get rid of a problematic shareholder? ›

Here are five steps you should consider taking when making moves to remove a shareholder.
  1. Refer to the shareholders' agreement. A shareholders' agreement outlines the rights and obligations of each shareholder in an organization. ...
  2. Consult professionals. ...
  3. Claim majority. ...
  4. Negotiate. ...
  5. Create a noncompete agreement.

Can you force a shareholder to sell their shares? ›

A Shareholder cannot generally be forced to sell shares in a company unless you have either agreed to a process resulting in that outcome, or the court orders that outcome.

How to resolve conflict between shareholders and management? ›

  1. 1 Establish clear communication channels. ...
  2. 2 Adopt a conflict resolution policy. ...
  3. 3 Seek mediation or arbitration. ...
  4. 4 Consider buyout or exit options. ...
  5. 5 Review and update the shareholder agreement. ...
  6. 6 Here's what else to consider.
Dec 10, 2023

How do you resolve conflict between stakeholders? ›

If conflicts still arise despite all your best efforts, try using the following seven-step process to resolve them.
  1. Acknowledge the conflict. ...
  2. Gather information through open communication and active listening. ...
  3. Analyze and prioritize the issues. ...
  4. Co-create and evaluate potential solutions or compromises.
Nov 8, 2023

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