Timothy J. Lindsay

L18 AIG Building
41 Shortland Street, Auckland
PO Box 304
Auckland 1140
timothy.lindsay@lfmdisputes.com
m +64 212 444 666
p +64 9 394 7931
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Tim is recognised by Chambers & Partners, Legal 500, Benchmark Litigation and Who’s Who Legal as a leading litigator and arbitration counsel.   His client-first approach, tenacity and attention to detail set him apart as an advocate for his clients' interests.   In 2021 he was Benchmark Litigation’s ‘Lawyer of the Year’ for New Zealand and in 2022 named to Legal 500’s ‘Arbitration Powerlist’ for Australasia.

Previously a litigation and arbitration partner at US law firm Dechert LLP, Tim is globally recognised as an “outstanding advocate,” “tough and resolute in the pursuit of his clients’ interests,” “a first class practitioner who combines great charm and skill with extraordinary tenacity”, and “totally committed” to his clients. He is known for his experience in defending large, complex cases.  

• Qualifications

  LLB (Hons, First Class)

  Tim is admitted to practice in New Zealand, England & Wales and Australia (New South Wales & Federal Court)

• Expertise

  Tim is a commercial litigator and arbitration counsel. An experienced trial lawyer, he has particular expertise in corporate and shareholder litigation, M&A and post-acquisition disputes, complex contractual disputes, banking and financial services and securities litigation, foreign investment law and investment arbitration, energy/resources disputes, telco/IP/technology disputes and regulatory defence.

  Tim currently leads the representation of international and domestic clients in a number of the most significant and novel corporate, commercial, regulatory and class action proceedings currently before the New Zealand courts. Examples of his current representations include:

  • Representing four director defendants in two substantial class actions (funded by separate litigation funders), and parallel FMA pecuniary penalty proceedings and commercial litigations, arising out of the $747m collapse of NZX listed re-insurance company, CBL Corporation.

  • Representing Wesfarmers-owned Bunnings Limited, in criminal proceedings brought by the New Zealand Commerce Commission. In 2020 we secured a significant pre-trial ruling in the Court of Appeal, overturning decisions at the District Court and High Court. In 2021 the firm secured dismissal of all 47 charges following a six week trial.

  • Representing a joint venture partner in proceedings against a leading New Zealand and Australian listed pharmaceutical company, in relation to an orphan drug opportunity.

  • Representing a state owned entity of a Pacific Island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure.

  • Representing a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading.

  • Representing the minority shareholder in New Zealand’s first opposition to a scheme of arrangement in re Metlifecare Limited.

  • Membership of the ad hoc creditors’ committee in the liquidation of Tamarind Taranaki Limited, which owes creditors $400m.

  In addition to his experience in the courts, Tim has appeared as counsel in some of the most significant international disputes in recent times before the world’s leading arbitration institutions (e.g., ICC, LCIA, ICSID and the Permanent Court of Arbitration at the Hague). For example, the ground-breaking Abyei Arbitration (border delimitation between Sudan and what is now Southern Sudan), Microsoft v Samsung (IP royalties and technology collaboration), Perenco v Ecuador and Burlington v Ecuador (multi-billion dollar claims by foreign oil companies under bilateral investment treaties), Vivendi v Deutsche Telekom (at the time the largest ICC claim ever made), and numerous significant confidential commercial arbitrations.

  Tim’s clients are able to draw on his experience acting for parties from or investing in all major global economies, including the US, Europe, Russia & CIS, Eurasia, the Middle East, India, Africa, Asia, Latin America and the Asia-Pacific region, across a broad range of industries.

• Recognition

  Tim has been recognised as a leading litigator and arbitration lawyer by international directories Chambers, Legal 500, Benchmark Litigation, Global Arbitration Review, Who's Who Legal, Euromoney and SuperLawyers.

  In 2021 he was named ‘Lawyer of the Year for New Zealand by Benchmark Litigation, an award he was shortlisted for in 2020. In 2018 and 2020 Tim was named one of the Top 10 'Most Highly Regarded' arbitration lawyers under 45 in the Asia-Pacific region by Who's Who Legal and Global Arbitration Review.

  Tim has been described in directories and by peers as having an “outstanding reputation,” “incisive,” an “outstanding advocate,” “possess[ing] great practical judgement,” “respected for his experience in both commercial and investment treaty disputes,” “a first class practitioner who combines great charm and skill with extraordinary tenacity,” and, importantly to Tim, “totally committed” to his clients.

• Prior international law firm experience

  Dechert LLP, London (Partner)

  Wilmer Cutler Pickering Hale & Dorr LLP, London (Senior Associate)

  Tim is admitted to practice in New Zealand, England & Wales and Australia (New South Wales)

• Thought leadership

  Tim is a leader in the dispute resolution field internationally.

  His leadership roles include appointment to:

  • the ICC Court of Arbitration (New Zealand, ICC Court member)

  • the ICC Commission on International Arbitration (New Zealand, alternate representative) where he participated in the drafting of the 2012 edition of the ICC Rules and was a leader on the ICC Commission’s Task Force on Financial Institutions and Arbitration and a member of the ICC Commission’s Task Force on Witness Evidence in Arbitration and Task Force on Decisions on Costs in International Arbitration

  • ICC Committee and Nominations Committee, New Zealand

  • the ISDA Arbitration Committee, which released its ISDA Arbitration Guide in 2013

  • the AMINZ Arbitration Rules drafting committee

  Tim is regularly invited to speak at conferences internationally, and has taught international dispute resolution topics at leading universities in the UK and New Zealand.

• CV

  Available upon request