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Michael Godden is a litigation and dispute resolution lawyer based in London. Michael focuses his practice on all aspects of banking and finance disputes and has a particular focus on derivatives, debt capital markets, commodities and trade finance, Islamic finance disputes, syndicated lending and investigations involving these products. His experience also includes complex and high value cross border civil fraud, asset tracing and enforcement cases. Michael regularly acts for banks, funds, asset managers, derivatives dealers and corporate trustees.
- Solicitor, qualified in England & Wales
- The Law Debenture Trust Corporation plc v Ukraine FL-2106-000002: acting for Law Debenture as note trustee on in its US$ 3bn plus claim in respect of Ukraine's Eurobond default in December 2015. The note trustee successfully obtained summary judgment in Mach 2017. Listed as one of The Lawyer's Top 20 Cases for 2017.
- Mercuria Energy Trading PTE Ltd v Citibank NA  1 C.L.C. 999: acting for Citi in its US$ 285m dispute with Mercuria in respect of aluminium and copper obligated repo transactions believed to be the subject of a third party fraud in the Chinese ports of Qingdao and Penglai.
- Representing Citicorp Trustee Company Ltd as the Delegate following the default of the US$650 million Golden Belt 1 sukuk. The transaction was one of the first ever Islamic Finance defaults and relates to the prominent Saudi conglomerate, Saad Trading and its general partner, Mann Al-Sanea.
- Citicorp Trustee Company Ltd v Barclays Bank Plc  EWHC 2608 (Ch): Advising Citicorp Trustee Company Ltd on a Beddoe application and expedited Part 8 proceedings to obtain an urgent ruling on whether notes under two issues of CMBS notes had been disenfranchised from voting on a restructuring.
- Acting for The Toronto-Dominion Bank on the defence of a US$280m valuation dispute under the 1992 ISDA Master Agreement arising out of the Icelandic banking crisis. The dispute which centred around the FX rates and interest rates selected by the bank in relation to the close out of a substantial derivatives book shortly after the collapse of Lehman.
- Deutsche Bank v Total Global Steel  Env. L.R. D7 : successfully obtaining judgment in one of the only carbon trading cases to be heard by the English courts.
- Britannia Bulk Plc (In Liquidation) v Pioneer Navigation Ltd  2 Lloyd's Rep. 84: acting for the successful liquidators on one of the leading cases on the interpretation of Section 2(a)(iii) and the Second Method and Loss provisions of the ISDA Master Agreement used to document FFA trades.
- Successfully obtaining a high value LCIA arbitral award for a major international bank in respect of a default under loan participation notes.
- Shalson v Russo  Ch. 281. At his previous firm, acting for the successful claimants on a major fraud and asset tracing case involving a £20m fraud. The case is a leading reported case on civil fraud and involved obtaining search and freezing injunctions, third party disclosure orders, appointment of receivers and provisional liquidators, successful proceedings for committal for contempt of court as well as related proceedings in Bermuda, Jersey and Switzerland.
Chambers UK – Banking Litigation (London) 2018: Michael Godden is described as "a very forensic lawyer and a very original thinker" by interviewees.
Legal 500 UK - Dispute Resolution: Banking Litigation 2017: Department head Michael Godden is 'brilliant and insightful'.
Chambers UK – Banking Litigation (London) 2017, "a very effective litigator" and "A solicitor who takes a keen interest in the technical details and legal analysis as well as the facts."
Legal 500 UK – Dispute Resolution: Banking Litigation 2016, "Clients single out Michael Godden for his impressive breadth of understanding"
Chambers UK – Banking Litigation (London) 2016, "Market sources say Michael Godden is an ISDA expert who knows banking, particularly derivatives, inside out."
Legal 500 UK – Dispute Resolution: Commercial Litigation 2015, "Michael Godden pushes litigation forward effectively"
Chambers UK – Banking Litigation (London) 2015, "extremely knowledgeable in every aspect of financial litigation."
Chambers UK – Banking Litigation (London) 2014, "very impressive."
Chambers UK 2013, "Michael Godden is an experienced lawyer with a 'good grip on all the legal issues'."
Listed in Thomson Reuters Super Lawyers London 2013 list.
Legal 500 UK 2012, "Intelligent, responsive, thoughtful and commercial – pretty much everything you want!"
Chambers UK 2012, "Michael Godden is one to watch and "particularly smooth in difficult litigious matters," say clients."
Legal 500 UK 2011, "Hugely capable…(gets) disputes dealt with as swiftly and effectively as possible."
Legal 500 UK 2010, "Very thoughtful and a good strategist."
- Co-author of the first edition of Commercial Enforcement (2005) which is the leading textbook on the execution of English judgments.
- Robbing Peter to pay Paul T.Q.R. 2004, 1(4), 10-13 (Fraud; Rescission; Sham transactions; Tracing; Voidable transactions).
- Cash and charisma S.J. 2003, 147(36), 1076-1077 (Fraud; Rescission; Sham transactions; Tracing; Voidable transactions).
- Multi-jurisdictional enforcement P.L.C. 2007, 18(9), 37-46 (Civil procedure; Arbitration; Enforcement; Execution; Foreign awards; Foreign judgments; International commercial arbitration; Reciprocal enforcement; Recognition of judgments.
- New York turnover orders: an English law perspective B.J.I.B. & F.L. 2009, 24(9), 561 (Banking and finance; Enforcement; International banks; Judgment debts; New York).
- Possession really is nine-tenths of the law for payments made "under protest" B.J.I.B. & F.L. 2010, 25(1), 30 (Banking and finance; Netting; Payments; Protest; Restitution).
- Meaning of loss and second method under the 1992 ISDA Master Agreement B.J.I.B. & F.L. 2011, (Contract terms; Corporate insolvency; Forward contracts; Loss; Master agreements).
- Freight clarity from the courts M.R.I. 2011, 25(3), 12-13 (Shipping; Contracts; Insolvency; Contractual negotiations; Corporate insolvency; Forward contracts; Freight; Master agreements; Shipping contracts; Termination).