Patrick Arben
Partner
- Qualified, Solicitor of England & Wales (1996)
Areas of focus
Bio
Patrick Arben helps clients to investigate and resolve their disputes and manage risk quickly, commercially and cost-effectively. Patrick was recognised in 2021's prestigious Acritas Stars database as a 'star lawyer'. Patrick is a partner in the commercial litigation team his practice focuses on three key practice areas, (1) the tech sector, (2) public procurement and (3) inquiries and investigations.
The Tech Sector - The tech sector is a fast evolving world that is constantly responding to developments in the ways information technology are delivered and used. Software engineering contracts, IT and business process outsourcing contracts, data hosting agreements and software licences are often high value business-critical projects, and so when disputes and disagreements arise both suppliers and customers need an adviser who can work with them to maximise their legal and commercial leverage. That way, where possible and desirable, parties can keep a project or relationship on track and resolve any dispute with a minimum of cost and disruption to their business. Patrick leads Gowling WLG's IT & Outsourcing Dispute Resolution team. His practice encompasses a variety of specialisms within the technology sector, including software engineering and systems integration projects, IT and BPO outsourcing, software licensing, data security and data protection.
Public Procurement and Judicial Review Patrick also leads Gowling WLG's contentious public sector practice with a particular focus on public procurement. He advised on disputes under a wide variety of regulatory frameworks including the Public Contracts Regulations, The Concession Contracts Regulations, the Defence and Security Public Contracts Regulations and the Utilities Contracts Regulations. He is well versed in all aspects of procurement litigation and is sensitive the condensed timescales in which challenges are routine brought. He is experienced in making and defending applications to lift the automatic suspension on contract making as well as conducting litigation on an expedited basis. He also has experience of judicial review challenges in the context of procurement challenges. He has acted for Contracting Authorities bidders and interested parties across a range of sectors including healthcare, energy and utilities, nuclear, technology, transport, defence and housing. He has an extensive practice representing government departments and agencies.
Inquiries and Investigations - Patrick also has a long standing Corporate Investigations and Inquiries practice. If a business thinks it may have been a victim of a fraud or misconduct it needs to act, sometimes very quickly, in order to understand what has happened, to put a stop to any wrongdoing and identify the culprits, be they internal or external. Steps then need to be taken to recover any assets, manage its reputation and liaise with regulators and law enforcement agencies to address any regulatory and criminal issues that may arise. Patrick leads a cross-disciplinary team that is experienced in undertaking high profile and sensitive investigations in both the public and private sector. Ensuring that every investigation is tailored to the client's needs and objectives from the outset - be they asset recovery, reputation management, regulatory compliance or to improve corporate governance by ensuring that the lessons from any mistakes are learned. He has extensive experience of Bribery Act compliance. Patrick also has considerable experience of statutory and non-statutory public inquiries. He has acted for both inquiry chairs and participants. He understands the particular sensitivities which arise from an inquisitorial process. He works closely with the client and wider stakeholder teams from an early stage to support those involved, to gather and present evidence accurately and proportionately so that it is seen in context and if necessary, assists in the process of learning lessons to improve future practices.
Highlights
Patrick worked on a highly complicated, multinational dispute involving a high-profile hedge fund. Patrick's clients were software developers who had been instrumental in developing the software and algorithms used by their former employers. They were caught in the fall-out from a dispute between the fund's founding partners, and as a result had lost millions of pounds of income and bonuses, and stood to lose more as a result of spurious legal claims made against them over the quality of the software they had developed. In this highly technical and at times visceral dispute Patrick's team wrestled with issues of law and fact, and after numerous successful interim hearings before the Technology and Construction Court, were able to force their opponent's hand. Under sustained pressure they caved in, agreeing to pay Patrick's clients the sums owed.
Clients
Tech Sector client comprise both buys and seller of technology systems and services and include CACI, Civica and SCC.
Public Procurement clients include government departments and agencies as well as private sector organisations and include the FCDO and The Royal Parks, and Sanctuary Housing Association.
Investigations and inquires clients include major corporates, local authorities, government departments and Inquiry Chairs and include the Chair of the Inquiries into maternity services provide by the Shrewsbury and Telford NHS Trust and Nottingham University Hospitals NHS Trust, the Under Cover Policing Inquiry and DFIT (COVID-19 Inquiry).