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, including on section 67, 68 and 69 challenges.

Highlights of Bibek’s recent or current work include:

  • PJSC National Bank Trust v Mints & ors, junior counsel (with Nathan Pillow QC and Anton Dudnikov, instructed by Steptoe & Johnson LLP) concerning a ~$1 billion fraud on two Russian banks. He has appeared in various interlocutory hearings, including most recently on fortification: [2021] EWHC 1089 (Comm). He was also instructed in related LCIA Arbitration proceedings, culiminating 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.
  • Arla Foods amba & ors v Stellantis N.V. & ors, junior counsel (with Hugh Mercer QC and Ronit Kreisberger QC, instructed by Walker Morris) in a follow-on damages claim in the Trucks cartel litigation.
  • Naibu Global International Plc v Pinsent Masons & anor [2020] EWHC 2719 (Ch), junior counsel (with Chris Smith QC, 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.
  • Hard & Locke v Kuwait Investment Office, counsel (instructed by Allen & Overy and Fox Williams LLP) in claims brought by former employees for age and sex discrimination, whistleblowing and victimisation, raising issues of state and diplomatic immunity.
  • A LCIA arbitration, junior counsel (with James Willan QC, instructed by DWF Law LLP) concerning the sale of a hotel development, and anti-suit injunctions in the context of inconsistent arbitration and jurisdiction clauses.
  • 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 the availability of specific performance, declarations of beneficial interest, equitable bars to relief and EU public policy.

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.

 

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 QC 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.
  • 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 QC), 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 QC), 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 QC 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.
  • A LCIA arbitration, junior counsel (with Jeffrey Gruder QC) 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.
  • A LCIA arbitration, junior counsel (with Edward Brown) in a dispute concerning a contract dispute and claims of conspiracy in a joint venture in the sale of agricultural products.
  • Nori & ors v PJSC Bank Otkritie Financial Corp [2018] EWHC 1343 (Comm), junior counsel (with Stephen Houseman QC) 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 QC and A Dudnikov) in a claim involving an alleged ~$1 billion fraud on two Russian banks. In addition, his recent experience includes:

  • A LCIA arbitration, junior counsel (with Iain Quirk QC) defending a US$60m claim by a trustee under loan notes.
  • An ICC arbitration, junior counsel (with David Joseph QC and Iain Quirk) 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 QC) 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 QC and Anton Dudnikov), concerning allegations of bribery, breach of directors’ duties, conspiracy, dishonest assistance and issues of Swiss law.
  • Sole counsel in numerous County Court trials, particularly in cases concerning the Consumer Credit Act, fraud and negligence.
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 QC 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 QC) 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 QC 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 QC and Watson Pringle) in for the defendant against allegations of fraudulent misrepresentation and breaches of warranty
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 QC) 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.
  • A LCIA Arbitration, junior counsel (with James Willan QC) 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 QC) defending a US$60m claim by a trustee under loan notes.
  • Slater & Gordon v Watchstone, junior counsel (with by Richard Millett QC 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, counsel for the successful Claimant in a shareholder dispute, in a 2 day trial in the Queens’ Bench Division.
  • Dole Europe v Desiva, counsel for the successful Defendant in a breach of contract dispute concerning the shipment of grapes.
  • Prime Energy v Xodus, junior counsel (with by Claire Blanchard QC), concerning allegations of misrepresentation in an asset and share sale agreement.
  • A LCIA arbitration (sole counsel) in a dispute concerning economic duress.
  • Advising landlords in relation to unpaid rent as a result of the COVID-19 pandemic, raising issues as to service out under the Hague Service Convention and the EU Service Regulation in relation to the guarantors.
  • A LCIA arbitration, junior counsel (with Edward Brown) concerning a contract dispute and claims of conspiracy in the sale of agricultural products.
  • Advising and acting for parties in contractual disputes concerning aerospace contracts, experimental urban vehicles, and waste management contracts in an African country,
  • Appeared as sole counsel in numerous cases concerning banking and financial services, breaches of contract and tort.
Company & Insolvency Law

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 QC) 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.
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. Recent instructions include the following:

  • Ankura Consulting (Europe) Ltd v FTI Consulting LLP & ors, junior counsel (with David Craig QC 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.
  • BNPPRE v Ceres Rural LLP, junior counsel (with David Craig QC 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 QC and Edward Brown, instructed by Walkers (Jersey)) in a constructive dismissal case brought before the Jersey Courts against an international mining company.
  • 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.
  • 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.
  • 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.
  • Instructed on various High Court and Employment Tribunal 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.
  • Sidhu v Your.MD, junior counsel (with Andrew Hochhauser QC and Jane Russell) for the Claimant in an Employment Tribunal claim for unfair dismissal, whistleblowing, race, sex and sexual orientation discrimination.
  • Astrazeneca v Miels, junior counsel (with Dan Oudkerk QC, instructed by Lewis Silkin LLP) in a High Court restrictive covenant case raising various disclosure and confidentiality issues.
  • Advising on various claims against employees for breaches of restrictive covenants and infringements of copyright and/or intellectual property.
  • Advising a respondent on disclosure and privilege issues in a LCIA arbitration initiated by a partner of a law firm dismissed on the grounds of gross misconduct.
European law & competition

Bibek has a particular interest in European law (including competition law) and recent instructions include the following:

  • Arla Foods amba & ors v Stellantis N.V. & ors, junior counsel (with Hugh Mercer QC and Ronit Kreisberger QC, instructed by Walker Morris) in a follow-on damages claim in the Trucks cartel litigation.
  • 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 the competition law consequences of a right of first refusal as a restriction on competition.
  • Advising on GDPR obligations, including related state and diplomatic immunity issues.
Media, art, entertainment

Bibek has a particular interest in Media, Art, Entertainment & Sport. He is currently instructed (as sole counsel) in a claim relating to a valuable Middle Eastern artefact alleged to have been stolen.

Professional negligence

Examples of Bibek’s practice in this area include:

  • Naibu Global International Plc v Pinsent Masons & anor [2020] EWHC 2719 (Ch), junior counsel (with Christopher Smith QC) for the Defendant in relation to a 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.
  • Advising (with Huw Davies QC) a claimant insurance and reinsurance company regarding a potential claim against an auditor’s failure to detect a fraud perpetrated by its finance director.
Public international law
  • Hard & Locke v Kuwait Investment Office, appearing as sole counsel for the Respondent in the Employment Tribunal on issues of state and diplomatic immunity in relation to underlying claims for age and sex discrimination, whistleblowing and victimisation.
  • Advising in relation to GDPR obligations, also raising issues of state and diplomatic immunity.
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 QC) in a claim against an alleged broker in an abortive purchase of a ship.
  • 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 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 QC), 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 QC) a carrier in a mis-delivery claim.
  • Instructed in various claims concerning damage to ships’ tanks allegedly due to contaminated sulphuric acid.
  • Instructed in various claims concerning speed and consumption claims.
  • Advising on directors’ duties in the context of a shareholder dispute in various ship-owning companies and potential insolvencies.
  • Advised on various demurrage disputes
Unjust enrichment & restitution claims

Bibek’s practice requires him to frequently advise on and litigate unjust enrichment issues. Examples of cases where such matters have arisen include:

  • Advising on unjust enrichment claims arising from a total failure of consideration and jurisdiction issues arising under the Brussels I Recast Regulation and the Lugano II Convention.
  • Instructed (with Roderick Cordara QC) on a long-running dispute concerning the tax treatment of hotels in a Caribbean jurisdiction.
  • Advising on a defence of change of position in a claim for mistaken payment.
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)

2015: Award for the highest mark in International Commercial Practice (BPTC)

2014: Advocacy Scholar (BPTC)

2013: Sir Charles & Lady Julia Henry Fellowship (Harvard University)

2013: Bedingfield Scholarship (Gray’s Inn)

2013: Martin Wronker Prize for Jurisprudence (Oxford University)

2013: D’Souza Prize for best second BA performance (Oxford University)

2013: Viscount Sankey Scholar (Jesus College, Oxford)

2013: Jesus College Prize x 2

2012: Open Scholarship (Jesus College, Oxford)

2012: S R Welson Prize, for best performance by a college law student (Jesus College, Oxford)

2011: David Karmel Scholarship (Gray’s Inn)

2011: Foundress Prize x 2 (Pembroke College, Cambridge)

2010: Pembroke College Prize x 2

2010: Foundation Scholarship (Pembroke College, Cambridge)