is a barrister and dispute resolution partner resident in Fried Frank's London office, although he works extensively with Fried Frank's international offices.
Mr. Kitching has substantial experience in handling large-scale and complex multi-jurisdictional disputes, often involving the coordination of multiple proceedings in several jurisdictions. Specifically, Mr. Kitching undertakes high-value, international, commercial litigation; international arbitration; and white-collar crime and enforcement, special investigations and compliance monitoring work.
Mr. Kitching is regularly instructed in relation to high-value commercial contract, fraud, banking and financial services disputes typically involving conflict of laws, fiduciary duty, trust, asset tracing insolvency and company law issues. He has significant experience acting in complex joint venture disputes, misrepresentation and breach of warranty claims. Recent cases have involved Letters of Request, enforcement of foreign judgments and freezing injunction proceedings.
He also has extensive experience of conducting arbitration proceedings under the rules of the leading international arbitration institutions, including the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and the Swiss Chambers' Court of Arbitration. He also advises on a regular basis in connection with the enforcement of arbitral awards in foreign jurisdictions and the New York Convention.
Mr. Kitching undertakes white-collar crime, enforcement, special investigations and compliance monitoring work. He regularly conducts internal company investigations and compliance audits to assist company officers in detecting and eliminating potentially unlawful conduct and evaluating the strength of company internal policies and procedures under both English and US law. He has particular expertise in advising on international matters, including World Bank investigations, with emphasis on anti-corruption, sanctions regulations, money laundering, export control and asset forfeiture proceedings. Mr. Kitching also has substantial experience of advising prior to charge and at the investigatory stages of proceedings in relation to such issues as jurisdiction, data protection, legality of search warrants, privilege against self-incrimination and the seizure of privileged material.
Mr. Kitching was called to the Bar of England and Wales in 1999 and was awarded the Phillip Teichman Scholarship (Inner Temple). He practiced from the leading white-collar and regulatory chambers of 2 Bedford Row (Chambers of William Clegg QC) and 3 Raymond Buildings (Chambers of Alex Cameron QC). At the Independent Bar, he was regularly instructed on behalf of the Serious Fraud Office, the Crown Prosecution Service, H. M. Revenue and Customs and the Department for Business Innovation and Skills. He also defended a number of high-profile prosecutions on behalf of companies and private individuals, including Regina
Mr. Kitching continues to exercise full rights of audience in the High Court (Commercial Court, Companies Court, Queen's Bench and Chancery Divisions) and other tribunals.
In 2019, Mr. Kitching was appointed as Co-Chair of the Employed Barristers Committee of the Bar Council of England & Wales, a regulatory and representative body for barristers. He was first elected to the Bar Council in 2014.
He is also a member of the Financial Services Lawyers Association, the Association of Regulatory Lawyers, the Criminal Bar Association, the Employed Bar Association and the British American Business Association.
Honors & Awards
Mr. Kitching is recognized as a leading lawyer by Legal 500 UK 2019, where he is noted as “a first-rate litigator and very good at strategically driving a case forward.” Clients say he is “knowledgeable, instils trust and confidence and is very commercial.” Mr. Kitching has also been noted by Legal 500 as “responsive and sharp,” one who “exudes confidence and reliability,” and “very commercial and very focused on the key issues.”
In addition, the London Disputes Group is consistently recognized by Legal 500 UK in commercial litigation and international arbitration, which in its 2019 edition identifies the practice as a quality of legal advice that is “second to none.” It is “a great practice to work with, due to its legal expertise, dedication and availability, and it spends time understanding the details of a case.” Legal 500 UK has also noted the “strong practice that is very joined up internationally, enabling it to handle large multi-jurisdictional matters.”
The Fried Frank International Arbitration Practice is consistently included in Global Arbitration Review's Top 100 International Arbitration law firms globally.
Bar Admissions/Licensed Jurisdictions
England & Wales