Bibek Mukherjee

Professional practice

Bibek has a broad commercial practice specialising in commercial litigation & arbitration, banking & finance, civil fraud, commercial employment disputes and shipping. He has a particular interest in cases involving financial, quantitative or statistical elements.

He has acted and appeared, both led and unled, in a wide spectrum of disputes in the Commercial Court, the King’s Bench and Chancery Divisions of the High Court, the Court of Appeal and the Employment Tribunal. In arbitration, he has appeared or advised in proceedings under HKIAC, ICC, LCIA, LMAA, SIAC and UNCITRAL rules, seated both in London and abroad. Bibek also has substantial experience of arbitration-related court applications and applications for interim relief, including freezing orders, interim injunctions and anti-suit injunctions.

He has been described in recent directory editions as ‘a major asset to any litigation team’, ‘very bright’, ‘hard working and diligent’ who is ‘a pleasure to work with’, ‘provides clear and cogent advice on often complicated and novel issues’, ‘excellent with clients’ and ‘always stays calm under pressure,’ (Legal 500 2023, 2024).

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.

Bibek’s recent and ongoing instructions include:

PJSC National Bank Trust v Mints & ors, Commercial Court and Court of Appeal, junior counsel, (with Nathan Pillow KC, David Davies KC and Anton Dudnikov, instructed by Steptoe & Johnson LLP) for the Claimant banks in a ~$850 million fraud claim. The litigation has given rise to significant judgments on (i) the effect of Russian sanctions on pending litigation (Court of Appeal, Flaux C, Newey and Popplewell LJJ [2023] EWCA Civ 1132, first instance, Cockerill J [2023] EWHC 118 (Comm)), (ii) the effect of an arbitration award between related parties on court proceedings (Foxton J [2022] EWHC 871 (Comm)), and (iii) fortification (Calver J [2021] EWHC 1089 (Comm)). He is also instructed in related LCIA Arbitration proceedings, appearing in a five-week final hearing, which included complex statistical evidence, as well as multiple substantial interlocutory hearings relating to jurisdiction, security for costs, amendments, security for the claim, disclosure of funders and admissibility of evidence.
Crédit Agricole v PPT Energy Trading Co. Ltd [2023] SGCA (I) 7, Singapore Court of Appeal (Judith Prakash J, Lord Mance & Lord Justice Rix), junior counsel (with David Joseph KC), instructed by Mayer Brown (Singapore) LLP in an important case concerning inter alia the autonomy principle and scope of the fraud exception in respect of letters of credit.
FDIC v Barclays Bank & ors, Financial List (Chancery Division / Commercial Court), junior counsel (with Adrian Beltrami KC and James Willan KC), instructed by Clifford Chance, defending Barclays Bank against claims by a US government agency relating to alleged anti-competitive “lowballing” of USD LIBOR.
Lee & anor v G Square Capital II & ors, Chancery Division, junior counsel (with Joe Smouha KC), instructed by Goodwin Procter LLP for the first, second and fifth defendants in a claim for deceit, negligence and breach of contract arising out of the sale of a pharmaceutical business. The litigation has given rise to a noteworthy judgment on whether compulsory share transfer provisions for limited consideration upon the departure of an employee amount to a penalty clause: [2023] EWHC 3017 (Ch).
Arla Foods amba & ors v Stellantis N.V. & ors, Competition Appeal Tribunal, appearing unled at substantial CMCs, instructed by Walker Morris LLP, in a follow-on damages claim in the Trucks cartel litigation involving significant statistical evidence.
An ICC Arbitration, junior counsel (with James Collins KC, instructed by Cooley LLP), ICC Arbitration, for the respondents and counterclaimants in a substantial $40m dispute concerning the operation of a hospital.
Argo Fund Limited v ArcelorMittal Nippon Steel India & ors, junior counsel (with Guy Blackwood KC) instructed by Wordley Partnership LLP, in a ~US$20m unlawful interference and conspiracy dispute arising out of loan notes.
SMK SA v Maliba Mining Services & Junction Contract Mining SARL, sole counsel, instructed by Stephenson Harwood, in London Circuit Commercial proceedings concerning the operation of a gold mine in Mali.

What Others Say

Legal 500 UK Bar 2024, Shipping

‘Very bright, responsive and a pleasure to work with. Excellent with clients – firm but polite.’

Legal 500 UK Bar 2024, Employment:

“Bibek has a keen eye for the important details of a case.”

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 considerable experience in arbitration and related court applications and it makes up a substantial proportion of his overall practice. He has advised and acted either as sole or junior counsel in arbitrations conducted in London and abroad and is familiar with working in arbitrations conducted under all the main institutional rules: e.g. HKIAC, ICC, LCIA, LMAA, SIAC and UNCITRAL rules as well as ad-hoc arbitrations. 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. Bibek was initially instructed in respect of an anti-suit injunction: Nori & ors v PJSC Bank Otkritie Financial Corp [2018] EWHC 1343 (Comm), [2018] 2 Lloyd’s Rep 80 and thereafter was instructed in the underlying arbitration. The arbitration culminated in a five-week final hearing and 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. An award on liability (now public) was issued in 2021, A one week quantum hearing was held in May 2023, with a further award having been issued.
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. Bibek is also instructed in the underlying arbitration proceedings.
An ICC Arbitration, junior counsel (with James Collins KC), instructed by Cooley LLP, in a substantial $40m dispute concerning the operation of a hospital contract and complex issues of contractual construction.
Iming v Privatisation Agency of Kosovo (UNCITRAL Arbitration), junior counsel (with Angeline Welsh), instructed by HFW, for the respondent in a dispute culminating in a 5-day hearing 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.
An ICC Arbitration, junior counsel (with Chris Smith KC), instructed by Clyde & Co LLP, in a professional negligence claim on behalf of solicitors who are alleged to have mishandled a ~$100m investment treaty claim.
A SIAC 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.
An ICC arbitration, junior counsel (with David Joseph KC and Iain Quirk), 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.
Instructed in a variety of shipping disputes as sole counsel under the LMAA Rules or in ad-hoc
Advising on and acting in a variety of section 67, 68 and 69 challenges.

Banking & financial services

A significant part of Bibek’s practice involves acting and advising, for banks and other financial institutions, in complex financial and banking litigation. Bibek’s background in Economics makes him familiar with and experienced with complex financial instruments. Many of his cases involve a fraud or international element. The following cases are illustrative of his recent experience:

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 [2023] SGCA (I) 7, 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.
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 ~$850 million fraud claim. The litigation has given rise to novel and important issues, most recently on the effect of Russian sanctions on pending litigation (CoA [2023] EWCA Civ 1132, first instance,[2023] EWHC 118 (Comm)), issue estoppel and abuse of process and the effect of an arbitral award on related parties ([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.
Argo Fund Limited v ArcelorMittal Nippon Steel India & ors, junior counsel (with Guy Blackwood KC) instructed by Wordley Partnership LLP, in a ~US$20m unlawful interference and conspiracy dispute arising out of 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 is an experienced civil fraud litigator who has been involved and instructed in many of the largest and most complex fraud disputes currently pending before the English courts. Illustrative examples include:

National Bank Trust v Mints & ors, Commercial Court proceedings and a LCIA arbitration, junior counsel (with Nathan Pillow KC, David Davies KC Anton Dudnikov, in an alleged ~$850 million complex fraud on two Russian banks. The litigation has given rise to novel and important issues, most recently on the effect of Russian sanctions on pending litigation (CoA [2023] EWCA Civ 1132, first instance, [2023] EWHC 118 (Comm)), issue estoppel and abuse of process and the effect of an arbitral award on related parties ([2022] 1 WLR 3099) and fortification ([2021] EWHC 1089 (Comm)). Bibek has also appeared at various CMCs and made oral submissions in respect of disclosure issues.
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 for ~US$200m.
Various v SSE Energy Supply Plc, junior counsel (with Nathan Pillow KC), instructed by CMS Cameron McKenna Nabarro Olswang, for the Defendant in various claims by business energy customers alleging that SSE paid bribes and secret commissions to alleged brokers.
Argo Fund Limited v ArcelorMittal Nippon Steel India & ors, junior counsel (with Guy Blackwood KC) instructed by Wordley Partnership LLP, in a ~US$20m unlawful interference and conspiracy dispute arising out of loan notes.
PJSC Tatneft v Bogolyubov & ors, junior counsel, instructed by Akin Gump LLP, for the Claimant in a ~$300m Russian fraud claim under Article 1064 of the Russian Civil Code in the Commercial Court, appearing in various interlocutory hearings concerning amendments to pleadings, disclosure and policing of freezing orders.
A LCIA arbitration, junior counsel (with Jeffrey Gruder KC), instructed by DWF Law LLP, concerning ~$100m contract, fraudulent misrepresentation and conspiracy dispute 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), instructed by Hogan Lovells LLP, 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), instructed by Dorsey & Whitney LLP, 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:

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. Bibek is also instructed in the underlying arbitration dispute which concerns a disputed share dilution.
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) [2018] 2 Lloyd’s Rep 80, 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, whether or sole or junior counsel and regularly appears in the Commercial Court and Chancery Division on the full spectrum of commercial disputes, as well as in commercial arbitrations. Recent instructions include:

Finance Technology Leverage LLC v Munich Re junior counsel (with Guy Blackwood KC) instructed by Wordley Partnership LLP, in a ~US$470m claim in the Commercial Court concerning a Silicon Valley dispute and breaches of duty arising out of a consultancy agreement.
Lee v GSquare Capital & ors, junior counsel (with Joe Smouha KC), instructed by Goodwin Procter LLP, for the first, second and fifth defendants in a Chancery Division claim for fraud, negligence and breach of contract arising out of the sale of a pharmaceutical business. Bibek acted for the First and Second Defendants in a recent application to strike out much of the Claimant’s claim against them: [2023] EWHC 3017 (Ch).
Flexiscale Technologies Limited v Bector & ors, junior counsel (with Iain Quirk KC), instructed by DWF LLP, 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.
SMK SA v Maliba Mining Services & Junction Contract Mining SARL, sole counsel, instructed by Stephenson Harwood, in London Circuit Commercial proceedings concerning the operation of a gold mine in Mali.
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.
Claxton v Maxigrid (t/a Dualix), sole 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.
Todwick Holdings Limited v Shell Overseas Investment BV, junior counsel (with James Willan KC) in the Commercial Court, 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. Bibek is also instructed in the underlying arbitration dispute which concerns a disputed share dilution.
An ICC Arbitration, junior counsel (with James Collins KC), instructed by Cooley LLP, concerning the operation of a hospital contract and complex issues of contractual construction.
Credit Agricole Corporate and Investment Bank v PPT Energy Trading Co. Ltd, junior counsel (with David Joseph KC), instructed by Mayer Brown (Singapore) LLP, for the successful appellant on an appeal before the Singapore Court of Appeal (Judith Prakash J, Lord Mance & Lord Justice Rix) concerning letters of credit: [2023] SGCA (I) 7.
A LCIA Arbitration, junior counsel (with James Willan KC), instructed by DWF LLP, concerning the sale of a hotel development, and anti-suit injunctions in the context of inconsistent arbitration and jurisdiction clauses.

Employment

Bibek is ranked in Legal 500 as a rising junior in Employment and is regularly instructed in employment disputes, typically involving cases with a complex commercial aspect, both in the High Court and in employment tribunals. He is experienced in cases involving team moves, restrictive covenants, springboard relief, discrimination and whistleblowing claims, including many with a cross-border element. He frequently appears in the High Court seeking or resisting applications for injunctions and interim relief.

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.
Pierian Limited v Dazetta Limited, sole counsel for the Claimant/employer in a case concerning a breach of a non-solicitation clause. Bibek obtained an interim injunction in June 2023, with a speedy trial listed for October/November 2023.
Stanton v Dunwood Specialties Limited, sole counsel in an unfair and wrongful claim, successfully representing the Respondent in a 3-day final hearing in August 2023.
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.
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.
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.

European law & competition

Arla Foods amba & ors v Stellantis N.V. & ors, Competition Appeal Tribunal, junior counsel (with Hugh Mercer KC, instructed by Walker Morris) in a follow-on damages claim in the Trucks cartel litigation.
Advising various clients on issues arising out of SAMLA 2018, the Russia (Sanctions) (EU Exit) Regulations 2019 and the equivalent EU sanctions regulation against Russia (Reg. 833/2014).
An ICC arbitration, junior counsel (with David Joseph QC and Iain Quirk, instructed by Baker & McKenzie) concerning the sale of shareholding in a bank, raising issues as to EU public policy in relation to the approval regime for acquisition of a significant shareholding in a bank.
Advising on GDPR obligations, including related state and diplomatic immunity issues.

Professional negligence

Bibek has substantial experience in professional negligence claims, predominantly for professional defendants, such as lawyers, accountants and surveyors. Current and recent instructions include:

LCIA Arbitration junior counsel (with Chris Smith KC), instructed by Clyde & Co, acting for solicitors who are alleged to have acted negligently and in breach of fiduciary duty in the prosecution of an investment treaty arbitration claim worth approximately $100m.
Mandeville v Paul Kerridge Marine Surveyors Ltd, sole counsel, instructed by Salvus Law, in these Circuit Commercial Court proceedings, acting for the defendant surveyor, who is alleged to have negligently surveyed a yacht.
Lee v GSquare Capital & ors, junior counsel (with Joe Smouha KC), instructed by Goodwin Procter LLP, for inter alia the fifth defendant in a Chancery Division claim alleging for fraud, negligence and breach of contract arising out of the sale of a pharmaceutical business for which the Fifth Defendant is said to be vicariously liable.
Naibu Global International Plc v Pinsent Masons & anor [2020] EWHC 2719 (Ch) [2021] PNLR 4, Chancery Division, junior counsel (with Chris Smith KC), instructed by Clyde & Co, in relation to £185m claim by a Chinese sportswear company against its former solicitors advising it in respect of an IPO. Bibek was also instructed in related HKIAC arbitration proceedings.

Sanctions & restrictive measures

Bibek is familiar and experienced with UK and EU sanctions, particularly against Russia, and has acted in the leading decision concerning their application on pending litigation. Many of his cases concern whether sanctions have effects (and if so what effects) on private parties’ contractual and other obligations. Current and recent instructions include:

PJSC National Bank Trust v Mints & ors, junior counsel, Commercial Court and Court of Appeal (with Nathan Pillow KC and David Davies KC), instructed by Steptoe & Johnson LLP for the Claimant banks in a ~$850 million fraud claim. The litigation contains the leading decision on the effect of Russian sanctions on pending litigation (Court of Appeal, Flaux C, Newey and Popplewell LJJ [2023] EWCA Civ 1132, and at first instance, Cockerill J [2023] EWHC 118 (Comm)). An appeal to the Supreme Court by the Defendants is pending.
LMAA Arbitration, sole counsel (instructed by Holman Fenwick Willan LLP) for Charterers in a dispute concerning whether Owners were entitled to disobey Charterers’ orders to sail a ship to St. Petersburg where the consignee of some of the cargo was alleged and/or suspected of being sanctioned.
LCIA Arbitration, sole counsel (instructed by Steptoe & Johnson LLP) in a guarantee dispute where the party in the underlying contract alleges that payment for goods was rendered impossible by Ukrainian restrictive measures on payment and/or transfer of monies outside of Ukraine.
A SIAC Arbitration, junior counsel (with Hugh Mercer KC), instructed to provide an expert opinion on the scope and meaning of EU sanctions on the export and transfer of various goods in respect of a LNG-related contract.
Advising various clients on issues arising out of SAMLA 2018, the Russia (Sanctions) (EU Exit) Regulations 2019 and equivalent EU sanctions regulations.
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.

Shipping & admiralty

Bibek’s practice covers all aspects of wet and dry shipping, shipbuilding, ship sale, international trade and transport disputes, with a particular emphasis on charterparty disputes. He is frequently instructed as sole counsel in substantial Commercial Court, Admiralty and arbitration proceedings and is ranked by Legal 500 in Shipping.

Examples of recent cases in which Bibek has been instructed include:

Crédit Agricole v PPT Energy Trading Co. Ltd [2023] SGCA (I) 7, Singapore Court of Appeal (Judith Prakash J, Lord Mance & Lord Justice Rix), junior counsel (with David Joseph KC), instructed by Mayer Brown (Singapore) LLP in an important case concerning inter alia the autonomy principle and scope of the fraud exception in respect of letters of credit (the ‘lifeblood of international commerce’) and construction of letters of indemnity provided in the absence of the original bills of lading.
Hermes Marine Management SA & anor v Affinity (Shipping) LLP, junior counsel (with Steven Berry KC), instructed by Marine Law Solicitors, in an unusual Commercial Court claim against an alleged broker in an abortive purchase of a ship.
A LMAA Arbitration, sole counsel (instructed by Holman Fenwick Willan LLP) for Charterers in a dispute concerning whether Owners were entitled to disobey Charterers’ orders to sail a ship to St. Petersburg where the consignee of some of the cargo was alleged and/or suspected of being sanctioned.
TTN Limited (t/a Aspida Travel) v Columbus, Owners and or Demise Charterers of [2021] EWHC 310 (Admlty), appeared as sole counsel, instructed by Salvus Law, in respect of claims brought by a travel agent against the proceeds of sale of various vessels.
A LMAA Arbitration, sole counsel, instructed by Bird & Bird LLP, concerning a charterparty termination dispute in respect of a charterparty in Angola.
An ad-hoc Arbitration, sole counsel, instructed by DWF Law LLP, in a substantial dispute arising out of breaches of a shipmanagement agreement.
A v B – LMAA and ad-hoc arbitrations, junior counsel (with Chris Smith KC), instructed by Mills & Co, 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.
An ad-hoc Arbitration, junior counsel (with Jern-Fei Ng), concerning a contractual dispute concerning a contract of affreightment.