The lawyers will argue that it is irregular for a subsidiary company to block an acquisition involving its parent holding company.
The dispute centres on controversial events last month when the peer fell out with the board of Hollinger International, which owns The Daily Telegraph and The Sunday Telegraph, over the future of the newspaper group.
As relations between the two parties soured, Hollinger International’s board set up a committee to review a deal under which Lord Black agreed to sell the Barclays a stake in Hollinger Inc, the parent company, which effectively handed the brothers majority control of Hollinger International.
The committee was made up of all board members with the exception of Lord Black, Barbara Amiel, his wife, and Daniel Colson, the chief operating officer of Hollinger International.
In a counter-attack, Lord Black used his powers to change the bylaws of Hollin-ger International, thereby disbanding all committees except for the special committee and the audit committee. The special committee is investigating non-compete payments to executives including Lord Black and its work is protected by the United States Securities and Exchange Commission.