International and Multi-party Litigation

The ByrneWallace LLP Dispute Resolution and Litigation Team has vast experience in the areas of international and multiparty litigation. In the absence of a ‘class action’ system in Ireland, multiple claimants with the same cause of action must each issue their own proceedings. We are highly experienced in dealing with these types of matters and using the Courts’ case management systems to render complex, unwieldy litigation into a representative action.

Areas of Expertise

• Advising on the interpretation of contract clauses.
  
• Advising on various methods of Alternative Dispute Resolution, such as arbitration, mediation and conciliation including the limits of those forums and providing strategic advice on the applicability of ADR clauses in contracts.
  
• Advising on jurisdictional matters where the contract includes ‘choice of law’ or jurisdiction provisions. Advising on the most appropriate jurisdiction for the resolution of the dispute.
• Advising on the applicability of European and International law and the enforcement elsewhere of Judgments obtained in Ireland and vice versa.

Representative Matters

• Electricity Supply Board v AREVA SA and 11 others (including Siemens, ABB and Alstom entities) 
  Advising and representing Areva SA as defendant in High Court proceedings concerning a follow-on damages claim by ESB for losses suffered as a result of competition infringement (cartel) in the Gas Insulated Switchgear Market (“GIS”).  The issues included an analysis of a global cartel in GIS market, consideration of ‘follow-on’ damages claims in Ireland, in which there had been no prior decisions. We also advised on lengthy competition infringement decisions of the European Commission, the General Court and the Court of Justice of the European Union. We considered and advised on liability of Concurrent Wrongdoers and Indemnity and Contribution issues as well as a parent company's joint and several liability for loss caused by its subsidiaries in competition infringement. A global settlement between all parties was achieved in November 2015
  
  
• Menolly Homes & Ors. V Irish Asphalt and ors
  ByrneWallace LLP acted as lead advisers to Menolly Homes in Commercial Court proceedings  and 600 associated High Court claims. This large scale commercial dispute concerned a variety of legal issues including contentious construction, product liability, contract law and negligence issues. It was the first pyrite litigation in Ireland and one of the largest cases to come before the Commercial Court. The proceedings were at hearing for 150 days before being successfully resolved in a mediation process.