Milbank’s win for AstraZeneca in one of the most important IT cases to go before the English Courts
Milbank represented AstraZeneca in a significant information technology case. In 2011, AstraZeneca decided to terminate its $1.4 billion IT infrastructure contract with IBM, under which IBM provided services to AstraZeneca in more than 60 countries. The termination of the contract triggered a 12-month exit period during which IBM was required to continue providing services as well as assist in the transition of the services to successor suppliers.
Several disputes arose relating to the nature and extent of IBM’s obligations following termination and, in particular, the circumstances in which IBM was obliged to continue to provide services to AstraZeneca for up to another 12 months beyond the end of the exit period. We commenced proceedings in the Technology and Construction Court seeking urgent declaratory relief. Judgment was handed down less than three and a half months after the proceedings were commenced, with AstraZeneca succeeding on the key issues. This fast-track case was one of the most important IT cases to come before the English Courts in recent years. Milbank continued to work with AstraZeneca on the simultaneous procurement of replacement services from five different suppliers together with the transition of services to the new suppliers. Milbank, working hand-in-hand with AstraZeneca’s in-house legal team, ensured that this business-critical exercise was completed successfully.
Milbank obtains First Judgment against a Dubai state-owned entity in the English High Court
Milbank is acting on behalf of Monarch Alternative Capital LP, a U.S. based investment fund, in Commercial Court proceedings against the UAE state-owned Dubai Drydocks. The defendants borrowed approximately $1.7 billion in 2008 from a syndicate of banks, of which Monarch is a member.
The team obtained summary judgment from the Commercial Court in London in February 2012 and is now pursuing enforcement proceedings against Drydocks in numerous jurisdictions. The Financial Times described the matter as “the first high-profile case of a Dubai s ate company being successfully pursued overseas for its debt . . . the subsequent court ruling marks the first time that a Dubai debtrelated dispute has been pursued through international courts, and opens the path for Monarch to start further legal action against Drydocks and attempt to recover its money through confiscation of the assets of the Middle East’s largest repair yard.” The enforcement proceedings are being closely monitored in light of the implications they may have for the jurisdiction of the Dubai World Tribunal.
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