
Calum Mulderrig
Call: 2019; 2016 (Solicitor); 2023 (DIFC)
Practice Overview
Calum is a leading junior barrister, with a broad practice that covers all core areas of commercial work, including civil fraud, banking and financial services, insolvency, crypto and securities litigation. He is ranked as a rising star in banking litigation and cryptocurrency disputes, and as a leading junior in public international law.
As a former solicitor at leading international law firm Quinn Emanuel Urquhart & Sullivan, Calum enjoys working in teams on large disputes, but he is equally comfortable acting as sole counsel and has appeared unled in the High Court, before the DIFC courts, and before international arbitration tribunals.
He is described in the directories as “very hard working and technically reliable”, “a fantastic junior who is exceptionally hardworking in a way that stands out from his peers”, a barrister who is “very adept at getting across the law”, has a “clear legal mind” and “reads widely and drafts in a natural and convincing way”.
Calum’s recent instructions include acting for the claimants in three of the most high profile securities litigation claims under s.90A of FSMA 2000, against G4S, Serco and Barclays (two of which were included as “Top 20” cases for 2024 in the Lawyer). Those proceedings resulted in several significant judgments in the securities litigation field, including as to the definition of “PDMR” under FMSA (Allianz v G4S Ltd [2022] EWHC 1081 (Ch)) and the circumstances in which parties are entitled to review privileged information of the company in which they are shareholders (Various Claimants v G4S PLC [2023] EWHC 2863 (Ch)). He acted unled before the DIFC Court of First Instance, obtaining immediate judgment under a guarantee in the amount of c. USD 500 million on behalf of a syndicate of lenders against guarantors, and subsequently resisted an application for permission to appeal that judgment to the DIFC Court of Appeal. He appeared with Raj Pillai KC before the DIFC Court of Appeal in what is now the leading authority on fraudulent misrepresentation in the jurisdiction (SBM Bank (Mauritius) Ltd v (1) Renish Petrochem FZE (2) Mr Hiteshkumar Chinubhai Mehta [2024] DIFC CA 011) and successfully acted with Jonathan Nash KC for a large offshore trust defending breach of contract claims in relation to pension entitlements, succeeding in a counterclaim and obtaining an indemnity costs order (Davies v Novatrust Ltd [2023] EWHC 1196 (Ch)).
Calum’s matters are frequently international in nature and he has appeared before numerous international arbitration tribunals in disputes conducted under the rules of major institutions, including the LCIA, ICC, ICSID and AAA. He successfully acted in international arbitration proceedings with Christopher Harris KC and Tamara Kagan, obtaining a USD 100 million award for a claimant under a political risk insurance policy. He has also significant experience acting in disputes on behalf of or against sovereign states and, together with Christopher Harris KC and Mark Wassouf, recently succeeded in an action against Bosnia in ICSID proceedings related to a failed hydropower project, subsequently resisting in full the state’s application for annulment (Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček v. Bosnia and Herzegovina (ICSID Case No. ARB/16/36)). Calum is fluent in Spanish and is able to take instructions which have a Spanish language element. He also has good French and basic Italian.
Calum maintains an academic interest in the law and has contributed to several leading practitioners’ texts across different fields, including Paget’s Law of Banking (Sixteenth Edition, 2023), the Investment Treaty Arbitration Review (Eighth Edition, 2023) and an upcoming practitioners text on Securities Litigation (2025).
Commercial Litigation
- Acting as sole counsel for a large utilities company in claims on an indemnity.
- Acting as sole counsel for an leading aviation company for claims based in conversion and underpayment of sums due under contract.
- Acting as sole counsel for a US private equity company seeking to enforce a debt claim under a loan funding agreement.
- Acting for an offshore trust in defence of claims seeking to specifically enforce the sale of a rare diamond.
- Advising a global telecommunications company regarding potential claims for underpayment of advertising revenue from a commercial partner (with Farhaz Khan KC).
- Acting as sole counsel for a global insurance firm in defence of claims under a workplace critical illness policy.
- Acting as sole counsel for a football club in defence of claims brought by a commercial partner for an alleged debt under a sponsorship consultation agreement.
Banking & Financial Services
- Acting for a global fertiliser company in claims under an on demand bond (with Jonathan Nash KC).
- Acting as sole counsel for a financial broker in response to a FOS determination alleging a breach of the COBS rules.
- Successfully acting as sole counsel for a panel of lenders, obtaining an immediate judgment on a guarantee valued at c. USD 500 million.
- Appearing before the DIFC Court of First Instance and Court of Appeal as sole counsel (and led by Raj Pillai KC) in defence of an individual accused of a trade finance fraud.
- Appearing on behalf of multiple claimants in claims brought under s.90A of FSMA 2000 against three publicly listed companies (with Andrew Onslow KC, Shail Patel KC, Carola Binney and Ed Grigg).
- Acting for institutional investors in claims against a bank for misrepresentation under s.90 of FSMA.
- Successfully defending an offshore trust in claims brought for alleged underpayment of a pension, together with a successful application for indemnity costs (with Jonathan Nash KC).
- Successfully obtaining a third party debt order as sole counsel against pension assets.
Civil Fraud & Asset Tracing
- Appearing on behalf of multiple claimants in claims brought under s.90A of FSMA 2000 against three publicly listed companies (with Andrew Onslow KC, Shail Patel KC, Carola Binney and Ed Grigg).
- Acting on behalf of a medical manufacturing company bringing civil fraud claims arising out of secret commissions received by an agent when sourcing PPE during the COVID-19 pandemic (with James McWilliams).
- Defending an individual in claims related to an alleged financing fraud (with Tom de Vecchi).
- Appearing before the DIFC Court of First Instance and Court of Appeal as sole counsel (and led by Raj Pillai KC) in defence of an individual accused of a trade finance fraud.
Company & Insolvency Law
- Acting for the joint administrators of a manufacturing company and advising on potential claims against former directors and auditors for breach of their respective duties.
- Advising the liquidator of a manufacturing company regarding potential claims against former administrators and a registered professional body for the assignment of an enabling bond.
- Acting for the joint administrators of a classic car company in their Insolvency Act claims against the former director and owner.
- Representing the joint administrators in a civil fraud case following the misappropriation of billions of dollars of assets from a central European bank.
International Arbitration
- Acting for a large mining company in defence of claims brought under a mineral financing agreement in the LCIA (with Nicholas Craig KC).
- Successfully acting for claimants against a central European state in ICSID proceedings related to an unfulfilled hydropower project, as well as successful resistance of annulment proceedings (with Christopher Harris KC and Mark Wassouf).
- Successfully acting for a US private equity company in claims under a political insurance risk policy following the expropriation of a gold mine in a west Asian country.
- Acting for an international hotel company in claims under s.68 of the Arbitration Act 1996 regarding claims of apparent and actual bias against a party-appointed arbitrator (with Ali Malek KC and Can Yeginsu).
- Acting for an international hotel company in an ICC arbitration regarding the loss consequent on breaches of a hotel management agreement (with Can Yeginsu).
- Acting for a middle-eastern state in claims brought by a pharmaceutical company for breach of the OIC Investment Agreement (with Christopher Harris KC, Mark Wassouf and Cam Miles).
- Acting for claimants in ad hoc and AFSA proceedings in Tanzania and South Africa on challenges to jurisdiction.
Public International Law
- Successfully acting for claimants against a central European state in ICSID proceedings related to an unfulfilled hydropower project, as well as successful resistance of annulment proceedings (with Christopher Harris KC and Mark Wassouf).
- Acting for a middle-eastern state in claims brought by a pharmaceutical company for breach of the OIC Investment Agreement (with Christopher Harris KC, Mark Wassouf and Cam Miles).
- Acting for claimants in an ICSID claim against an east African state regarding a misappropriated railroad project (with Emilie Gonin).
- Acting for a central European state seeking to resist enforcement of an intra-EU ICSID award (with Christopher Harris KC and Cam Miles).
- Acting in proceedings related to the misappropriation of a gold mine in a west Asian state.
Cryptocurrency
- Acting as sole counsel for an insurance company in claims seeking to recover misappropriated cryptocurrency assets from anonymous hackers.
- Successfully acting as sole counsel in obtaining wide ranging orders against anonymous hackers who had misappropriated millions of dollars of cryptocurrency assets.
- Acting for a Seychelles company in claims against the developers of Bitcoin alleging breaches of fiduciary duty and seeking to restore cryptocurrency assets misappropriated by anonymous hackers.
Media, Art & Entertainment
- Advising a global telecommunications company regarding potential claims for underpayment of advertising revenue from a commercial partner (with Farhaz Khan KC).
- Acting for an offshore trust in defence of claims seeking to specifically enforce the sale of a rare diamond.
- Advising a pop group in an application to the Court of Appeal on questions of contractual interpretation and intellectual property right protection.