Charles Flint, QC, FCIArb mediates banking and financial services disputes. He is recognised by Chambers UK as a barrister “in a class of his own” in the area of financial services law. He has been a mediator since 1999, mediating a wide range of banking, commercial, and sports disputes. He brings to mediation his knowledge of the financial markets, together with 35 years of experience as a barrister specialising in commercial litigation. He has acted as an early neutral evaluator appointed by the Commercial Court and has mediated in the UK, Hong Kong, and Bangkok. He also sits as an arbitrator.
Charles Flint’s mediation approach is firmly facilitative, but emphasises the need for the parties to identify, address, and evaluate the risks in their positions. He is described by the legal directory Chambers UK 2011 as a mediator of “exceptional intellect with a clear grasp of commercial realities,” and in Chambers UK 2010 as a "tough but never alienating" mediator.
Charles has been a keen proponent of mediation for many years, having been an accredited mediator since 1999. Between 1990 and 1995 he was a Junior Counsel to the Crown (Common Law) conducting commercial litigation for government departments and was responsible for bringing some of the first major procurement litigation disputes to mediation. Since 1999 he has mediated the following types of disputes:
- Banking and Financial Services
- Professional Negligence
- Public Law
- Sports Law
His recent mediation experience includes:
- Resolving a dispute between an investment bank and a commercial customer in India over an interest rate cross currency swaps transaction governed by ISDA terms
- Resolving a claim by investment managers in Europe against an investment bank arising out of a disputed set off following the entry into administration of Lehman Brothers International
- Resolving a dispute between investment managers in France claiming fees for the introduction of investors to a distributor of hedge funds and other alternative investment products
- Resolving a claim by a hedge fund in liquidation against its administrators, custodian, and auditors in Hong Kong
- Resolving a dispute on a liability insurance policy held by a manufacturer of parts for a commercial TV satellite which suffered a malfunction in orbit
He has also mediated a number of claims by former employees against financial firms for payment of discretionary remuneration. Significant cases he has mediated in the past include:
- Resolving a dispute between investment banks arising out of the disputed interpretation of LMA terms applying to trades on the distressed debt market; the dispute was settled after a full day of mediation under a process which then required the mediator to deliver a non-binding recommendation on settlement; the dispute settled before the mediator delivered his recommendation
- Resolving a loan recovery dispute between a major UK bank and borrowers on a substantial residential property portfolio; fraud was alleged by the bank but after two days of mediation; the dispute was settled