Profile: Dominic Roughton

Commercial Litigation

Biography: Commercial Litigation

Dominic is a partner in Herbert Smith's Tokyo office. Dominic is experienced in international litigation, including public international law and international arbitration.

He is licensed to advise on English law in Japan as a gaikokuho jimu bengoshi and is the official representative of the LCIA in Japan. He has acted and advised on matters arising from many industry sectors and has extensive experience in energy and TMT-related disputes, including joint venture and shareholder disputes.

Many of Dominic's cases have raised issues of public and private international law. They have also involved jurisdictional disputes concerning parallel proceedings, both before other arbitral tribunals and in US and other national courts.

Dominic's recent litigation experience includes acting for a number of Japanese and Western clients primarily in the investment banking sector in litigation brought in Asia and Europe. He has most recently advised WestLB in its defence of litigation in the Singapore courts in relation to a disputed trade, which he won at first instance and on appeal. In the Japanese courts, he is currently advising a Western institution in the first known class action to have been brought against a foreign party in Japan, and an investment bank in proceedings to enforce a $1 billion debt. He has additionally advised on a misselling claim involving SIV notes, an investigation of a Western institution before the Korean courts and in relation to a number of employment matters contested in the Japanese courts.

On the energy side, Dominic defended Toshiba in proceedings in the Commercial Court in London in relation to claim arising out of an IWPP project in the Middle East (settled following mediation), and advised in relation to payment of a bonus under a West African upstream oil concession contract, which was settled shortly before filing of a claim form in the English High Court.

Dominic has additionally acted in arbitrations under ICC, LCIA, SCC and PCA rules and before both pure ad hoc and Uncitral tribunals. He has represented clients in all the major arbitral centres of the world, including in London, Paris, Geneva, Zurich, The Hague, New York, Hong Kong and Singapore in disputes under English and other common and civil law systems.

Dominic is listed as a leading foreign disputes lawyer in Japan by Chambers Global 2007 and as a leading expert by Asia Pacific Legal 500, 2007-2008.