Rob Schultz

Expertise

• Arbitration

  Rob studied advanced international arbitration at Columbia in his LLM and has significant arbitration and international arbitration experience gained in practice in New Zealand and the UK before coming to the English Bar including:

  • Representing an Asia-based supplier of cloud computing and technology services in an arbitration arising out of an agreement with a South American mobile network operator under which the counterparty defaulted while asserting an obligation to continue service (AAA-ICDR, New York).
  • Representing an energy supplier to the European market in relation to notified arbitration claims arising from several network supply agreements from network supply disruption. This included complex issues of contractual limitation of consequential loss, force majeure and sale of goods value (SIAC, Singapore).
  • Representing an Asia-based trader of liquefied natural gas (LNG) in an arbitration concerning an agreement for the purchase and sale of LNG. The counterparty sought to avoid performance by claiming that changes in market conditions had frustrated the purpose of the agreement (ICC, New York).
  • Appearing as sole counsel against a senior King’s Counsel to successfully oppose application for leave to appeal against an arbitral award to the High Court of New Zealand for errors of law under the Arbitration Act 1996. Decision reported in New Zealand’s official law reports (Wai-o-tapu Limited Partnership v Ngati Tahu Trust [2017] NZHC 2597, [2018] 2 NZLR 808).
  • Appearing as junior counsel in a range of New Zealand commercial arbitral proceedings (including multi-week trial-format hearings) before sole arbitrators and arbitral tribunals, principally consisting of senior retired High Court judges.

• Commercial Litigation and Disputes

  Rob has significant commercial litigation experience gained in the UK and New Zealand including:

  • Advising a UK-headquartered international development bank in relation to its rights under an English law shareholders’ agreement to exit an investment (raising complex issues of illegality and conflict of laws).
  • Advising a UK company in relation to satisfaction of conditions and disputes concerning contributions due in relation to a renewable energy joint venture project.
  • Acting in a range of enforcement proceedings for New Zealand registered bank Heartland Bank (formerly MARAC Finance).
  • Acting in construction and insolvency proceedings with leading construction and insolvency silk David Chisholm KC.
  • Acting in a range of trust and relationship property proceedings working with leading relationship property silk Lady Deborah Chambers KC.
  • Acting in a team and appearing as junior counsel during in an eight-week trial concerning reckless trading and other claims by liquidators for NZ$75m brought against the directors of historic New Zealand construction company Mainzeal (Mainzeal Property and Construction Limited (in liq) v Yan [2019] NZHC 255 (appealed to the Supreme Court of New Zealand ([2023] NZSC 113)).

• Competition / Antitrust

  Rob has significant experience of the UK’s novel competition opt-out collective proceedings regime (introduced by the Consumer Rights Act 2015). In his LLM he studied Antitrust and Trade Regulation with Professor Tim Wu. Rob’s UK experience includes acting as part of legal teams on two landmark claims:

  • A claim on behalf of an estimated 19.5 million eligible UK users of smartphones and tablets running on Google’s Android operating system relating to claimed excessive and unlawful charges on purchases from the Google Play App Store. The claim alleged that Google has unfairly restricted consumers from accessing potential competition from other app distributors by requiring smartphone manufacturers to pre-install a bundle of Google’s proprietary apps and services including the Google Play Store as well as imposing other contractual and technical restrictions. The claim alleges that Google’s conduct violates section 18 of the UK Competition Act 1998 and Article 102 of the Treaty on the Functioning of the European Union.
  • A claim on behalf of approximately nine million UK consumers alleging competition abuses concerning Sony’s exclusive control of the PlayStation network and store. This claim was the firms class claim to be certified following the Supreme Court funding decision in PACCAR ([2023] CAT 87).

• Employment

  In pupillage Rob gained experience in a range of employment matters including conducting research, considering issues of shareholder oppression and relief in relation to the overlap of employment claims and employee share arrangements and advising on possible available relief/enforcement action of Employment Tribunal awards made to suspected victims of modern slavery and preparing papers for enforcement proceedings.

• Group / Collective Actions and Consumer Claims

  Rob has experience of and interest in group and consumer claims. In his law firm practice he has acted in landmark opt-out class action claims (see Competition / Antitrust above).

  Rob is instructed alongside Susan Rodway KC of 39 Essex Chambers and John-Platts Mills in major multi-claimant litigation acting for hundreds of claimants.

  In pupillage Rob assisted Rob Weir KC and Thomas Westwell in significant example claims for small business claimants pursuing remedies in the common law tort of bribery against a major European energy company.

• Personal Injury

  In pupillage Rob gained experience in personal injury including conducting research in relation to novel issues like state immunity in national law and treaty law and attending trial with Stephen Cottrell where liability in a complex in a catastrophic injury claim was disputed between insurers each instructing Senior Counsel.

  Rob is instructed alongside Susan Rodway KC of 39 Essex Chambers and John Platts-Mills in major multi-claimant litigation acting for hundreds of claimants.

• Tax

  In pupillage Rob’s completed wide range of research and drafting work assisting in relation to novel and complex tax issues. His experience included:

  • Assisting Chris Stone KC and Alice Defriend in relation to hearings in the First Tier Tribunal (FTT) in disputes concerning the nature and scope of exceptions to immediate lifetime charges to inheritance tax (IHT) arising from payments to campaigning organisations.
  • Assisting Chris Stone KC and Georgia Hicks in relation to High Court judicial review proceedings concerning claimed legitimate expectation of tax domicile.
  • Assisting and Marika Lemos KC and Matthew Bignell acting pro bono in appeals to the Upper Tribunal (Tax and Chancery Chamber) in relation to a complex and controversial tax charge liability and penalties.

Latest from Rob

• News

  • Emily Bacon and Rob Schultz to Commence Tenancy at Devereux
  • Emily Bacon and Rob Schultz commence pupillage at Devereux