Bibek Mukherjee

Professional practice

Bibek has a broad commercial practice with a particular interest on cases involving financial, quantitative or statistical elements. He specialises in commercial litigation & arbitration, civil fraud, employment and shipping.

He has acted and appeared, both led and unled, in a wide spectrum of commercial and employment disputes in the Commercial Court, the Queen’s Bench and Chancery Divisions of the High Court and the Employment Tribunal.

In arbitration, he has appeared or advised, both led and unled, in proceedings under HKIAC, ICC, LCIA, LMAA, SICC and UNCITRAL rules, seated both in London and abroad. Bibek also has substantial experience of arbitration-related court applications.

He has been described in recent directory editions as ‘a major asset to any litigation team’, ‘very bright’, ‘hard working and diligent’ who ‘provides clear and cogent advice on often complicated and novel issues’ and ‘always stays calm under pressure,’ (Legal 500 2023).

He graduated with a first class degree in Economics from the University of Cambridge, followed by a first class degree in law from the University of Oxford. He was then awarded the Charles and Julia Henry Fellowship to study as a Special Student at Harvard University. Prior to joining Essex Court Chambers, Bibek was a Visiting Lecturer in Tort law at King’s College London and gained experience working on trading desk at UBS Investment Bank.

What Others Say

Legal 500 UK Bar 2023, Shipping:

“Bibek is hard working and very bright. He is a major asset to any litigation team.”

Legal 500 UK Bar 2023, Employment:

‘Bibek is hardworking and diligent, and provides clear and cogent advice on often complicated and novel issues. Bibek works well as part of a team and always stays calm under pressure.‘

Arbitration & related court applications

Bibek has developed considerable experience in arbitration and related court applications. He has advised and acted either as sole or junior counsel in arbitrations conducted in London and abroad, including ad hoc arbitrations and arbitrations conducted under the HKIAC, ICC, LCIA, LMAA and SICC Rules. Recent instructions include:

Nori Holding & ors v PJSC National Bank Trust & anor (LCIA Arbitration), junior counsel (with Nathan Pillow KC and Anton Dudnikov), instructed by Steptoe & Johnson LLP, for the successful counterclaimant Banks against subsidiaries of the O1 Group in respect of a major US$600m fraud. The arbitration culminated in a five week final hearing, included complex statistical evidence, as well as five substantial interlocutory hearings relating to jurisdiction, security for costs, amendments, security for the claim, disclosure of funders and admissibility of evidence.
Todwick Holdings Limited v Shell Overseas Investment BV, junior counsel (with James Willan KC), instructed by Reed Smith LLP, successfully resisting an anti-suit injunction in respect of Dutch proceedings, alleged to have been brought in breach of an LCIA arbitration clause.
Iming v Privatisation Agency of Kosovo (UNCITRAL arbitration), junior counsel (with Angeline Welsh), instructed by HFW, for the respondent in a dispute concerning unjust enrichment and expropriation claims against a state privatisation agency.
Quaestus Capital Pte Limited v Union Pacific Capital Limited [2021] EWHC 3652 (Comm) sole counsel, instructed by Greene & Greene, in an application to vary the terms of an undertaking given in respect of an interim injunction obtained pursuant to s.44 Arbitration Act 1996 for retrospective permission to commence proceedings in Hong Kong.
A SICC Arbitration, junior counsel (with David Davies KC), instructed by Stephenson Harwood LLP in a US$180m claim concerning alleged negligence of a warehouse operator arising out of the Qingdao metal fraud.
A LCIA arbitration, junior counsel (with James Willan KC), instructed by DWF LLP, concerning the sale of a hotel development in Greece, and anti-suit injunctions in the context of inconsistent arbitration and jurisdiction clauses.
A ICC arbitration, junior counsel (with David Joseph KC and Iain Quirk KC), instructed by Baker & McKenzie LLP, concerning the sale of shareholding in a bank, raising issues as to the availability of specific performance, declarations of beneficial interest, equitable bars to relief and EU public policy.
Nori & ors v PJSC Bank Otkritie Financial Corp [2018] EWHC 1343 (Comm), junior counsel (with Stephen Houseman KC) in a leading authority on the availability of anti-suit injunctions as against parties who have sought relief in courts of jurisdictions inside and outside the EU and non-arbitrability of insolvency disputes.
Advising on and drafting a variety of section 67, 68 and 69 challenges.

Banking & financial services

Bibek is currently instructed in Commercial Court and LCIA Arbitration proceedings as junior counsel (with Nathan Pillow KC and A Dudnikov) in a claim involving an alleged ~$1 billion fraud on two Russian banks. In addition, his recent experience includes:

FDIC v Barclays Bank: Bibek is acting (with Adrian Beltrami KC, Mark Brealey KC and James Willan KC), instructed by Clifford Chance, for Barclays Bank in Financial List proceedings brought by the FDIC, a US federal government agency, against leading European banks and the British Bankers’ Association. FDIC alleges that there was coordinated “lowballing” of USD LIBOR and is pursuing claims under EC competition law and for fraudulent misrepresentation.
Credit Agricole Corporate and Investment Bank v PPT Energy Trading Co. Ltd, junior counsel (with David Joseph KC), instructed by Mayer Brown (Singapore) LLP, on an appeal before the Singapore Court of Appeal. The case raised novel issues concerning the autonomy principle and fraud exception in respect of letters of credit. Judgment is awaited.
PJSC National Bank Trust v Mints & ors, junior counsel (with Nathan Pillow KC, David Davies KC and Anton Dudnikov), instructed by Steptoe & Johnson LLP, for the Claimant banks in a ~$1 billion fraud claim. The litigation has given rise to novel and important issues, most recently on sanctions (judgment awaited), issue estoppel and abuse of process ([2022] 1 WLR 3099) and fortification ([2021] EWHC 1089 (Comm)).
A LCIA arbitration, junior counsel (with Iain Quirk KC), instructed by DWF LLP, defending a US$60m claim by a trustee under loan notes.
An ICC arbitration, junior counsel (with David Joseph KC and Iain Quirk KC), instructed by Baker & Mckenzie LLP, concerning the sale of shareholding in a bank, raising issues as to the availability of specific performance, declarations of beneficial interest, equitable bars to relief and EU public policy.
Advising victims of push payment fraud as to potential claims against a bank.
Advising (with David Foxton KC) on the effect of the re-imposition of US sanctions on Iran and the EU Blocking Regulation on a bank-account holder with a major bank.
FM Capital Partners v Marino & ors [2018] EWHC 1768 (Comm), junior counsel (with Nathan Pillow KC and Anton Dudnikov), instructed by Hogan Lovells LLP, concerning allegations of bribery, breach of directors’ duties, conspiracy, dishonest assistance and issues of Swiss law

Civil fraud & asset recovery

Bibek has considerable experience of civil fraud work. He has acted or is acting in a variety of different types of civil fraud cases, including:

National Bank Trust v Mints & ors, Commercial Court proceedings and a LCIA arbitration, junior counsel (with Nathan Pillow KC and Anton Dudnikov, in an alleged ~$1 billion fraud on two Russian banks.
He has appeared recently in relation to fortification: [2021] EWHC 1089 (Comm).
PJSC Tatneft v Bogolyubov & ors, junior counsel in a Commercial Court dispute involving claims under Article 1064 of the Russian Civil Code.
A LCIA arbitration, junior counsel (with Jeffrey Gruder KC) concerning contract, fraudulent misrepresentations and conspiracy disputes relating to various settlement agreements, litigation in Russia and the BVI, and a share option in a potentially valuable mining asset.
FM Capital Partners v Marino & ors [2018] EWHC 1768 (Comm), junior counsel (with Nathan Pillow KC and Anton Dudnikov), concerning allegations of bribery, breach of directors’ duties, conspiracy, dishonest assistance and raising issues of Swiss law.
Slater & Gordon v Watchstone, junior counsel (with Richard Millett KC and Watson Pringle) in for the defendant against allegations of fraudulent misrepresentation and breaches of warranty

Commercial chancery disputes

Bibek has significant experience in this area and recent instructions include the following:

Solar Supplies & Services v Larkfleet Limited & ors, appearing and advising on a contested late registration of a charge, raising issues of director knowledge, enforceability of agreements, and waiver by conduct.
Advising on directors’ duties and strategy in the context of claims brought against entities which are potentially insolvent as a result of the COVID-19 pandemic.
Advising on directors’ duties in the context of a shareholder dispute in various ship-owning companies and potential insolvencies.
Nori & ors v PJSC Bank Otkritie Financial Corp [2018] EWHC 1343 (Comm), junior counsel (with Stephen Houseman KC) in a leading authority on the availability of anti-suit injunctions as against parties who have sought relief in courts of jurisdictions inside and outside the EU and non-arbitrability of insolvency disputes.
Appearing in and advising on winding up petitions, including under CIGA 2020

Commercial dispute resolution

Commercial dispute resolution, in both litigation and arbitration, is the core of Bibek’s practice. He has advised and acted in a wide range of commercial disputes as sole or junior counsel and continues to undertake work across the full spectrum of commercial disputes.

Bibek has considerable experience in various interim applications, including applications for strike out and summary judgment, specific disclosure, security for costs and extensions of time.

Flexiscale Technologies Limited v Bector & ors, junior counsel (with Iain Quirk KC) in a Chancery Division claim for breach of confidence against an alleged fiduciary said to have sold opportunities in the Indian tech market to a third party in breach of fiduciary duty.
Credit Agricole Corporate and Investment Bank v PPT Energy Trading Co. Ltd, junior counsel (with David Joseph KC), instructed by Mayer Brown (Singapore) LLP, on an appeal before the Singapore Court of Appeal (Judith Prakash J, Lord Mance & Lord Justice Rix) concerning the fraudulent procurement of a letter of credit.
Todwick Holdings Limited v Shell Overseas Investment BV, junior counsel (with James Willan KC) successfully resisting an anti-suit injunction in respect of Dutch proceedings, alleged to have been brought in breach of an LCIA arbitration clause.
IMAS v Dayinsure, sole counsel in Circuit Commercial Court proceedings relating to the payment of commission for a share sale that occurred after termination of the adviser’s retainer.
A LCIA Arbitration, junior counsel (with James Willan KC) concerning the sale of a hotel development, and anti-suit injunctions in the context of inconsistent arbitration and jurisdiction clauses.
Claxton v Maxigrid (t/a Dualix), counsel for the defendant in a Chancery Division claim for breaches of contract, misrepresentation, and under FSMA 2000 for losses caused by trading in cryptocurrencies.
A LCIA arbitration, junior counsel (with Iain Quirk KC) defending a US$60m claim by a trustee under loan notes.
Slater & Gordon v Watchstone, junior counsel (with by Richard Millett KC and Watson Pringle) for the defendant against allegations of fraudulent misrepresentation and breaches of warranty in the sale of a high profile company.
Basis Technologies v Sly, sole counsel for the successful Claimant in a shareholder dispute, in a 2 day trial in the Queens’ Bench Division.
Prime Energy v Xodus, junior counsel (with by Claire Blanchard KC), concerning allegations of misrepresentation in an asset and share sale agreement.
Advising and acting for parties in contractual disputes concerning aerospace contracts, experimental urban vehicles, and waste management contracts in an African country.

Employment

Bibek is regularly instructed in employment disputes, typically involving cases with a complex commercial aspect, both in the High Court and in employment tribunals. He has substantial experience of team moves, restrictive covenants, springboard relief and discrimination and whistleblowing claims, including many with a cross-border element. He also has substantial experience in cases that involve arbitration agreements. Recent instructions include the following:

Bailey v Stonewall & Garden Court Chambers, junior counsel (with Andrew Hochhauser KC and Jane Russell) in a high-profile belief discrimination and victimisation case.

Ankura Consulting (Europe) Ltd v FTI Consulting LLP & ors, junior counsel (with David Craig KC and Amy Rogers), instructed by Mishcon de Reya LLP in a multi-jurisdictional team move case in the legal consulting sector with parallel litigation in Dubai and London, and in arbitration.

BNPPRE v Ceres Rural LLP, junior counsel (with David Craig KC and Rupert Paines), instructed by Roythornes LLP, for the Defendants in a High Court team move case in the farming and rural consultancy sector.

Consolidated Minerals Limited v Sheyko, junior counsel (with David Craig KC and Edward Brown KC, instructed by Walkers (Jersey)) in a constructive dismissal case brought before the Jersey Courts against an international mining company.
Guy Carpenter v Howden Insurance Brokers Ltd & ors, appearing as sole counsel (instructed by Greenwoods GRM LLP) in a multi-million pound High Court conspiracy and breach of confidence claim.
Instructed on and appearing in various High Court cases regarding bonuses and unlawful deductions from wages.
Appearing in various cases in the High Court seeking or resisting applications for pre-action and specific disclosure in restrictive covenant, breach of contract and breach of fiduciary cases.
Hard & Locke v Kuwait Investment Office, appearing as sole counsel, instructed by Fox Williams LLP, for the Respondent in the Employment Tribunal in relation to age and sex discrimination, whistleblowing and victimisation claims, raising issues of state and diplomatic immunity. The case is currently on appeal at the EAT.
Goodger v Winch Designs Limited, sole counsel (instructed by Mischon de Reya LLP) for the Claimant in an Employment Tribunal claim for automatic unfair dismissal in a COVID-19 related health and safety case.
Sidhu v Your.MD, junior counsel (with Andrew Hochhauser KC and Jane Russell) for the Claimant in an Employment Tribunal claim for unfair dismissal, whistleblowing, race, sex and sexual orientation discrimination.

Shipping & admiralty

Bibek has a particular interest in shipping disputes and examples of work Bibek has recently undertaken include:

Hermes Marine Management SA & anor v Affinity (Shipping) LLP, currently instructed as junior counsel (with Steven Berry KC) in a claim against an alleged broker in an abortive purchase of a ship. Trial is listed for 2023.

TTN Limited (t/a Aspida Travel) v Columbus, Owners and or Demise Charterers of [2021] EWHC 310 (Admlty) – appeared as sole counsel in respect of claims brought by a travel agent against the proceeds of sale of various vessels.

A v B – LMAA and ad-hoc arbitrations concerning pool agreements and raising rare and challenging issues concerning estoppel by convention, which have not been considered in a shipping context, especially in light of the availability of other potential claims under the bill of lading or the Civil Liability (Contribution Act) 1978.
A LMAA arbitration, sole counsel, concerning an abortive sale and purchase of a ship where the buyer never existed.
A LMAA arbitration, junior counsel (with Roderick Cordara KC), concerning breaches of contract in a shipping dispute raising issues of contractual construction, fiduciary duties, good faith and limitation.
Ad-hoc arbitration, junior counsel (with Jern-Fei Ng), concerning a contractual dispute concerning a contract of affreightment.
Advising (with David Foxton KC) a carrier in a mis-delivery claim.
Instructed in various claims concerning damage to ships’ tanks allegedly due to contaminated sulphuric acid.

Career

2016: Tenant at Essex Court Chambers

2015-16: Pupillage, Essex Court Chambers

2015: Called to the bar (Gray’s Inn)

2013-14: Visiting Lecturer in Tort, King’s College London

Education

2014-15: University of Law, BPTC (Outstanding)

2013-14: Harvard University, Sir Charles and Lady Julia Henry Fellowship, Special Student

2011-13: Jesus College, Oxford BA Jurisprudence (First Class Honours, sixth in year)

2008-11: Pembroke College, Cambridge, BA Economics (Double First Class Honours)

Awards

2015: Atkin Scholar (Gray’s Inn)