Charles Samek QC is a highly experienced and renowned commercial advocate and Queen’s Counsel. First and foremost is his determination to achieve success for his client by a combination of hard work, thorough preparation, clear and compelling advocacy before first-instance judges and appellate courts, and, at trial, his fearless cross-examination of witnesses.
Charles specialises in commercial domestic and international dispute resolution and has special expertise in commercial / civil fraud and asset tracing, worldwide freezing orders and other interim protective relief, committal and contempt proceedings, Russian & Ukrainian & CIS disputes, private international law cases on jurisdiction and registration and enforcement of judgments, shareholder and shareholder agreement claims, banking, financial and investment disputes, commodities disputes and commercial employment claims.
Charles acted throughout in the seminal Dadourian Group International v Simms commercial fraud litigation which spawned the Dadourian Guidelines (on the enforcement of the worldwide freezing orders abroad). He also acted as lead counsel in the third Dadourian Court of Appeal case, a leading case on fraudulent misrepresentation claims.
He has acted in several cases involving foreign law including BVI, Ukrainian, Italian, German, New York, Icelandic, UAE, Iranian, Saudi (Hanbali School).
Charles is an international arbitration practitioner and is a member of the LCIA European Users Council. He has acted in relation to LCIA arbitrations and has recently acted as one of a three-arbitrator panel for an LCIA arbitration.
In appropriate cases Charles may act for commercial clients who wish to instruct counsel directly.
For a number of years Charles chaired the White Paper annual conference on commercial fraud and asset tracing. Most recently he was a speaker and panel member at the 2015 C5 Fraud conference in Geneva, speaking on the privilege against self-incrimination in civil fraud claims. He is speaking again at the 2017 C5 Fraud Conference on “Conspiracy Claims in International Fraud Cases”. He lectures regularly on commercial law and topics have included: the enforcement of Russian arbitral awards in England; worldwide freezing orders; the use of improperly or unlawfully obtained evidence for use in litigation; tortious interference in contractual relations.
Charles has also lectured on interim remedies to Ukrainian lawyers in Kiev and on issues relating to ISDA swaps agreements and public authorities to Italian lawyers and public officials. He gave a demonstration of witness cross-examination to selected invitees at the Court of Appeal in Milan.
Charles is listed as a leading QC for commercial dispute resolution and fraud (civil) by Chambers UK as well as for commercial litigation and fraud (civil) by Legal 500. Recent highlights in the directories include the following:
“He's an outstanding advocate. He has real presence in court and you can see that the judges really listen to him. He came across really well.” “He is extremely bright, hard-working and responsive.” “Very clear in terms of his thinking, advice and advocacy.” “A fantastically hands-on, very user-friendly and talented advocate.” (Chambers & Partners 2017)
“A fearsome cross-examiner, thanks to his rigorous mind and thorough preparation.” “A real fighter, who will die in a ditch before he will let his client lose.” (Legal 500 2016)
“A fantastic team player and a very punchy performer who is very down to earth.” “A superb tactical adviser and a first-rate advocate.” “He is very diligent.” “Amenable, great with clients, and very sensible.” “He’s a proper street-fighter.” (Chambers UK 2016)
“A very punchy advocate and a great tactician.” “An incredibly clear and logical thinker, exactly the silk you need.” (Legal 500 2015)
“An accomplished advocate favoured by instructing solicitors for commercial cases generally and civil fraud cases in particular. Sources appreciate his hands-on, collaborative approach.” “He is very, very user-friendly, very hard-working, very good at being part of a team and a very effective advocate. He’s particularly strong on injunctions.” “Fantastically hands-on and a talented advocate.” (Chambers UK 2015)
“Shows absolute dedication to the task in hand and is a great lateral thinker.” “Displays outstanding professionalism and first-class commercial acumen.” (Chambers UK 2015)
“An excellent, punchy advocate, who is a real team player and excellent on injunctions.” (Legal 500 2014)
“A great asset to any case; he turns uncertainty into victory.” (Legal 500 2014)
“Sources are quick to point to the quality of his advice and advocacy in commercial disputes. ‘A real team player, who is able to get to grips with difficult applications under huge time pressures’.” (Chambers UK 2014)
“...noted for his experience of securing and discharging injunctive relief. “Incredibly user-friendly and very much one of the team.” (Chambers UK 2014)
“An impressive litigator” with a special “talent for identifying and presenting the key issues in very complicated commercial disputes.” (Chambers UK 2013)
Associations & Memberships
Charles Samek QC is also a member of the Bar of the Eastern Caribbean Supreme Court (Territory of the British Virgin Islands) and has appeared on all occasions successfully before the BVI Commercial Court and the Eastern Caribbean Court of Appeal.
Recent cases of interest include:
Recent cases of interest include:
Recent cases of interest include:
Charles Charles is a member of the Bar of the Eastern Caribbean Supreme Court, Territory of the (British) Virgin Islands.
Since being called in July 2015, Charles has been instructed in the following cases in which he has been able to develop knowledge of and familiarity with the BVI Arbitration Act 2013, the BVI Business Companies Act 2004 (as amended), BVI Insolvency Act 2003 and BVI Insolvency Rules 2005, as well as the CPR of the Commercial Division.
Charles is happy to act for parties litigating in the Eastern Caribbean jurisdiction and (by virtue of the above) has substantial experience of acting in, and familiarity with, the BVI Commercial Court and ECCA.
Please contact Charles’ clerks if you are interested in instructing Charles in a Caribbean case. The clerks are well versed in the practicalities of engagements in that jurisdiction and formalities at the London end can be effected speedily.
Charles has acted as advocate in arbitrations: eg. for a group of shareholders in an LCIA arbitration concerning a shareholders’ dispute in an alcohol producing company; he has also acted in another LCIA arbitration in a dispute concerning Ukrainian grain infrastructure
Charles was one of three arbitrators in an LCI arbitration last year (5 days) concerning the international supply and importation of cold rolled steel.
Charles is a member of the European users’ council of the LCIA.
Recent litigation concerning arbitration: