| Call 1992
Profile: Commercial Disputes
Experience and Expertise
Commercial litigation and arbitration is Shantanu’s predominant area of practice. He receives instructions from firms of UK solicitors ranging from City firms to sole practitioners as well as the general counsel of hedge funds and other in-house counsel. He is also instructed by law firms abroad, most recently major firms in Germany and Russia.
He also advises and prepares pleadings, written arguments and (where English law is in issue) expert evidence in relation to litigation in foreign jurisdictions. For more details please see International profile.
He has advised or acted in arbitrations (here and abroad) under various institutional rules including LCIA, ICC, SIAC, Swiss Rules as well as ad hoc.
His experience includes:
Insurance, sale of goods and supply of services, agency (including Commercial Agents Regulations), credit & security, equipment leasing (including commercial aircraft), bailment and conversion, joint ventures, banking and financial services.
As well as:
Fraud in all its manifestations from simple deceit to international asset tracing, breach of fiduciary duty, dishonest assistance, fraudulent trading and transactions defrauding creditors.
- Telecommunications (contract and regulatory)
- Energy & Utilities: He has advised and acted in cases involving oil and gas, renewable energy/carbon emission reduction (including CERT) and water.
- Limitation: Advice, litigation and writing on the English Limitation Act and analogous foreign limitation laws.
- Conflict of laws: Choice of law and jurisdiction disputes in a wide range of fields in both litigation and arbitration.
- Emergency interim relief: Freezing, anti-suit/anti-arbitration and other injunctions – prohibitory and mandatory; Norwich Pharmacal and Bankers Trust orders; stop orders.
Cases and Work of Note
- LCIA Arbitrations Nos 122159, 122160, 122161 – acting for a Russian airline in claims under aircraft leases.
- Philip Hanby Limited v Andrew Clarke  EWCA Civ 647 Court of Appeal – acted in an appeal against an award in a partnership arbitration on the grounds of error of law under s 69 Arbitration Act 1996. The judge had refused permission to appeal from his refusal of leave under s 69 Arbitration Act 1996 (only he could grant it under that section) and the applicant then sought to invoke the Court of Appeal’s residual jurisdiction under s 16 of the Senior Courts Act 1981.
- ASES Havacilik Servis Ve Destek Hizmetleri A.S. v Delkor UK Limited  EWHC 3518 (Comm),  1 Lloyd’s Rep 254 successfully challenged the jurisdiction of an English arbitrator in the Commercial Court under s 67 of the Arbitration Act 1996. The case also considered important issues on the nature of s 67 (and s 72) challenges and when submitting a “counterclaim” does not invoke an arbitrator’s jurisdiction. The dispute between the parties relates to the supply of a belt-assisted boric acid filter to a Turkish government entity at a site on the Sea of Marmara. (Further details under International profile.)
- FBME Bank v Elwes & Aspin  EWHC 2209 (QB) – successfully resisted the claimant bank’s interpretation of the payment terms of a guarantee.
- DCD Factors & another v Ramada Ltd – acting for claimant trade financiers in ongoing £11m fraud, warranty & guarantee claim inc. resisting applications to strike out the claims and discharge freezing injunctions before Burnett J in February 2011 (Lawtel AC0128576) and resisting an application to vary freezing injunctions before Charles Hollander QC in April 2012 (Lawtel AC9401130).
- Crastvell Trading Limited v Bozel SA  EWHC 0166 (Comm) – US$15m summary judgment in complex multi-jurisdictional loan litigation – England, BVI, Luxembourg, Florida. (See further details under International profile)
- Telecommunications: He has advised all of the UK mobile networks jointly on the premium rate regulatory regime in the Communications Act 2003.
- VFS Financial Services Ltd v Euro Auctions & Hennellys Ltd  EWHC 1492 (QB) – financier’s measure of loss in conversion, restitutionary remedies, contribution between successive convertors and whether they are liable in respect of the “same damage” under the Civil Liability (Contribution) Act 1978.
- Hidrostal Limited v Opperman Mastergears Limited London Mercantile Court  – highly technical engineering dispute about the failure of gears for pumps supplied to a pumping station operated by Welsh Water.
- Peekay Intermark Limited v Australia and New Zealand Banking Group Ltd  2 Lloyd’s Rep 511 (Court of Appeal),  PNLR 42, Times June 10, 2005 (Comm Court) – derivatives (GKOs) – emerging market investments – misrepresentation – recovery of loss on Russia’s 1998 foreign debt default. This case first established the modern ambit of the doctrine of contractual estoppel.
- Inter-Tel Inc v OCIS plc  EWHC 2269 (QB),  All ER (D) 142 (Oct) – Conflict of laws – forum non conveniens – choice of law in tort – Arizona state law in England – US Court of Appeals for 9th Circuit.
- Eurodale v Ecclesiastical Insurance Office plc  Lloyd’s LR (Insurance and Reinsurance) 444, Court of Appeal – transit insurance/cover attaching prior to inception of physical transit – typed voyages clause overriding printed Institute Cargo Clauses and enlarging extent of cover.
- The Law of Limitation (Bloomsbury) – editor of the chapters on (1) Contract, (2) Professional Negligence (3) Latent Damage and (4) Fraud, Deliberate Concealment & Mistake.
- Civil Court Practice (“the Green Book”) published by Lexis Nexis Butterworths – member of the editorial board and editor of the chapter on limitation.
- He is also a member of the editorial boards of Lexis PSL Commercial and Lexis PSL Dispute Resolution and the author of the Lexis PSL practice notes on limitation and professional negligence.
- A matter of some interest – New Law Journal NLJ (2008) 158 NLJ 435 – the requirement of insurable interest in non-indemnity insurance – a sketch of the current law – arguments for change and the Law Commission’s consultation.
- ‘Agnew and others v Lansforsakringsbolagens AB – the last word on reinsurance and the Lugano/Brussels conventions?” International Journal of Insurance Law  IJIL 345 (LLP)
- ”Contracts of reasonably good faith” Economides v Commercial Assurance; good faith and implied representations in insurance proposals. International Journal of Insurance Law Oct 1998 ( IJIL 294-99) (LLP). Cited in Clarke The Law of Insurance Contracts (LLP).
- 22 May 2013 Shantanu spoke on Contract (implied terms, interpretation, entire agreement/non-reliance clauses and contractual estoppel) at the Solicitors Journal SJ Live conference at the Emirates Stadium.
- 14 May 2013 Shantanu (and Chris Buckley) gave a seminar on Freezing Injunctions at the Royal College of Surgeons.
- 25 October 2012 Recent Developments in the Law of Agency
- 11 October 2012 Defining Contractual Obligations – Implied terms and the interpretation of contracts; contractual estoppel and agreements that are based on fictional assumptions.
- 15 March 2012 “Waiver, variation and estoppel in a contractual context – How contractual obligations and there enforcement can change”