Edward Batrouney (Call 2015: Australia)

Professional practice

Ed’s practice focuses on commercial litigation & international arbitration, civil fraud, insurance and professional negligence. He has substantial experience of large-scale commercial litigation and arbitration conducted under a range of arbitral rules.

Ed joined chambers in 2023 with 8 years of experience as a leading commercial junior in Australia. He has acted as sole counsel and as part of larger counsel teams in high value commercial disputes, international arbitrations, class actions, regulatory matters and commissions of inquiry. Since 2020, Ed has been recognised annually in Doyle’s Guide as a leading commercial litigation and dispute resolution junior barrister in Victoria, Australia.

Examples of Ed’s recent and ongoing work include:

Acting for insurers in an international arbitration relating to COVID-19 business interruption losses (with John Lockey KC).
Acting for administrators in a high-value LCIA arbitration against multiple Middle Eastern banks arising from a substantial fraud.
Acting for the UK subsidiaries of an international media group in a claim against their former auditor (with Huw Davies KC, David Walsh and Rebecca Akushie).
Acting in complex proceedings in the BVI in connection with a large scale fraud (with Paul McGrath KC, Nathan Pillow KC and others).

After completing his post-graduate studies at the University of Oxford, and prior to his call to the Bar in Australia, Ed was an associate in dispute resolution at Freshfields Bruckhaus Deringer LLP in London.

Arbitration & related court applications

Ed has experience in commercial arbitration and related court applications to set aside arbitral awards. He is currently instructed in a London seated arbitration in a claim for business interruption losses arising from the COVID-19 pandemic (led by John Lockey KC). He also acted (led by JG Gleeson KC and A Dinelli) in a substantial commercial arbitration in Victoria, Australia between joint venturers involved in the horse-racing industry.

Civil Fraud & Asset Tracing

Many of Ed’s case involve allegations of fraud. He has experience obtaining freezing orders (and other forms of interim relief) and in contempt proceedings. Examples of recent cases in which Ed has been instructed include:

Acting for administrators in a high-value LCIA arbitration against multiple Middle Eastern banks arising from a substantial fraud.
Acting in proceedings in the BVI in connection with a large scale fraud (with Paul McGrath KC, Nathan Pillow KC and others).
Canaccord Genuity (Australia) Ltd v Allen [2022] VSC 631 – acted for the claimant in successfully recovering the proceeds of a fraud from a third party recipient (unled).
Khoury v Kirwan (No 4) [2021] VSC 333 & (No. 6) [2022] VSC 682 – breach of Harman undertaking and punishment for contempt (led by S Chrysanthou SC).
Spotlight Pty Ltd v Mehta & Ors [2019] FCA 1796 – acting for Spotlight in obtaining worldwide freezing orders arising from a fraudulent scheme perpetrated by former employees (led by M Osborne KC).
White (Trustee) v MWL Financial Group Pty Ltd [2018] FCA 2018 (with P Crutchfield KC and JWS Peters AM KC) – acting for US financial services firm and its directors in derivative proceeding alleging breach of fiduciary duties and diversion of corporate opportunity.

Commercial dispute resolution

Ed has substantial experience of heavy commercial litigation in Australia. Examples of recent cases in which Ed has been instructed include:

Aventus Cranbourne Thompsons Road v Home Consortium Leasehold Pty Ltd [2020] VSCA 199 – Victorian Court of Appeal – whether a commercial landlord of a large format retail centre acted reasonably in withholding consent to a sublease (led by W A Harris KC on appeal and J Karkar KC at first instance).
Finance & Guarantee Pty Ltd v Auswild [2019] VSC 664 (led by A Strahan KC) – acting for the first defendant in 6 week trial involving historic claims of fraud and breaches of fiduciary duty.
MWL Finance Group v Focus Australia Holdings LLC [2020] FCA 548 – acting for an American financial services firm resisting an application to restrain a general meeting of members (with J M Peters AM KC
Harplex Pty Ltd v Konstandellos (2018) 54 VR 174 – Victorian Court of Appeal – applicability of the common law rule governing joint obligations and whether release of one co-debtor releases all co-debtors who are jointly or jointly and severally liable for the same debt (unled).

Ed also has experience acting for claimants and defendants in class actions in Australia. For example:

Earglow Pty Ltd v Newcrest Mining Ltd (with W Harris QC and R Craig – instructed by Herbert Smith Freehills) acted for Newcrest in a securities class action relating to gold production (settled prior to trial).
Lay v Nuix & Ors [2022] VSC 479 (with WAD Edwards SC – instructed by Banton Group) – acted for plaintiff group members in a carriage dispute in securities class action against Nuix Ltd, Macquarie Group and others
Bogan v Estate of Peter John Smedley [2022] VSC 645 (discovery dispute) (with WAD Edwards SC – instructed by Banton Group) – acting for plaintiff group members in a securities class action against the former directors and auditor of Arrium Ltd.

Insurance & reinsurance

Examples of cases in which Ed has been instructed include:

Ed is currently acting for insurers in a London seated arbitration in a claim for business interruption losses arising from the COVID-19 pandemic (led by John Lockey KC).
Acted for National Australia Bank in proceedings against its insurers and re-insurers in respect of losses incurred by Clydesdale Bank and Yorkshire Bank arising from the sale of interest rate hedging products in the UK (with W A Harris KC and R Craig KC – instructed by Herbert Smith Freehills).
Acted for a multi-national construction and engineering firm in dispute with its insurer in connection with findings of fraud made in arbitral proceedings in Singapore (with P Solomon KC – instructed by Herbert Smith Freehills).

Media, art, entertainment

Ed has recently appeared unled in Australia in two of the leading appellate cases on the rights of the media to access materials filed in Court and the principle of open justice: Lee v Deputy Commissioner of Taxation [2023] FCAFC 22 and Zhang v The Age Company [2023] ACTCA 10.

Professional negligence

Ed has considerable experience in professional negligence claims. He has recently acted for the claimants in in a claim against their former auditor (with Huw Davies KC, David Walsh and Rebecca Akushie). Other cases in which Ed has been instructed in Australia include:

ACN 115 918 959 Pty Ltd v Hoeys Lawyers Pty Ltd [2021] VSC 79 – acted for senior counsel and former Judge in complex professional negligence proceedings (led by D Collins KC).
Bodycorp Repairers Pty Ltd v Holding Redlich [2018] VSCA 17 – Victorian Court of Appeal – acted for the law firm in defending allegations of professional negligence (with P Solomon KC).
Dover Financial Advisors v HNLaw & Ors (S ECI 2020 01623) – acting for the fourth defendant in complex professional negligence proceedings against multiple legal firms and practitioners (unled).

Career

2023: Tenant, Essex Court Chambers

2023: Called to the Bar England and Wales (Lincoln’s Inn)

2017: Sessional Teaching Fellow, University of Melbourne Law School

2015: Called to the Bar Victoria, Australia

2012 – 2014: Associate in Dispute Resolution, Freshfields Bruckhaus Deringer LLP

2010: admitted as a solicitor, Victoria, Australia

Education

2010 – 2011: BCL, Lady Margaret Hall, University of Oxford (Distinction)

2004 – 2008: LLB (Hons) / BA (Political Science), University of Melbourne.

Awards

2016: winner of the 2016 ICLC Young COMBAR Competition