Vasanti Selvaratnam QC

Introduction

LLB (Hons), LLM (1st Class, King's College, London)

Other Professional Affiliations and Memberships: COMBAR, LCLBA, BMLA, LMAA, London Shipping Law Centre, European Circuit, Bar European Group; Law Society European Group; Institute of Advanced Legal Studies.

Rights of Audience

England and Wales (1983)

Dubai International Financial Centre Courts (2008)

Overview

Vasanti Selvaratnam's practice embraces all aspects of:

• International commercial litigation, including:
  • Energy
  • International Sale of Goods
  • Documentary credits
  • Enforceability of guarantees
  • Insurance
  • Conflict of laws, jurisdiction disputes 
  • All forms of interlocutory relief, including worldwide freezing orders and anti-suit injunctions
• International arbitration
• Civil fraud
• Shipping, transport and commodities

Particular specialism in cases requiring technical expertise. Vasanti is recommended as a leading silk in Chambers & Partners and Legal 500 and is noted for being a "poised and highly measured advocate".

Vasanti Selvaratnam QC has a similarly wide-ranging commercial litigation practice.... (Chambers & Partners 2010)

Vasanti Selvaratnam QC is well-regarded for high-level shipping and international trade disputes (Legal 500 2009)

Vasanti also sits as an arbitrator in international commercial disputes.

Cases of interest include:

Madoff Securities International Ltd (in liquidation) v Yacht Bull Corporation [2010] EWHC 133 (Ch)

Conflict of laws - Jurisdiction - Insolvency - Civil Fraud - Interrelationship between EC Insolvency Regulation and Judgments Regulation:

Instructed on behalf of French company in multi-jurisdictional conflict with Madoff entities regarding title to the yacht Bull. The recent and important decision of the Chancellor considers the interrelationship between the Judgments Convention and the Insolvency Regulation in the context of a claim by the liquidator of MSIL to assets over which title was disputed. Ongoing action in France and ancillary proceedings in the Commercial Court under section 25 Civil Jurisdiction and Judgments Act 1982 in order to prevent dissipation of the proceeds of the yacht pending judgment in the underlying fraud action.

The Wadi Sudr [2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep. 193; [2010] I.L.Pr. 10; The Times, February 8, 2010

Arbitration - Injunctions - Jurisdiction - Recognition of Judgments

Declaratory relief and injunction sought to restrain proceedings in Spain in support of London arbitration. First case to grapple with the issue of whether a judgment obtained in Spain on the issue of incorporation of a London arbitration clause into the bill of lading has to be recognised by the English Court.

The Hijaz (2010); The Ibn Hayyan (2010)

Injunctions - Jurisdiction - Conflict of laws

Anti suit injunction, Kuwait, raising issues as the validity of the exercise of an option in favour of English jurisdiction post dispute.

Re: Shipbuilding Disputes (2010) confidential

Shipping - finance - entitlement to cancel

New Navigation (2009-ongoing) confidential

Shipping - Safe Port Arbitration

Multi-million dollar commercial arbitration raises issues as to safety of the approaches to the port of Matanzas on the Orinoco River and whether the effective cause of a grounding was unseaworthiness or negligent navigation on the part of the Master and Pilot.

Rimpacific v Daehan Shipbuilding (2009) EWHC 2941

Injunctions - Jurisdiction - Conflict of laws- Finance

Anti suit injunction, Korea, raising issues of separability of a jurisdiction agreement, ostensible authority to enter into a guarantee and proper law.

Ocean Crown (2008-ongoing)

Arbitration - Shipping

Commercial arbitration arising out of the grounding of a laden bulk carrier on an uncharted rock off the coast of Chile.

Front Ace [2008] EWCA Civ 101

Shipping - Collision

Leading case in the Court of Appeal on assessment of damages for loss of a fixture following a collision.

APL Panama (2007-2009)

Arbitration - Shipping

One of the largest LOF arbitrations arising out of the grounding of a gearless container vessel off the coast of Mexico and major services rendered by first class professional salvors (Titan) over a period of over 70 days with unprecedented levels of expenditure incurred. Issues of principle in relation to the recoverability of inter company debt as an out of pocket expense in addition to technical issues as to dangers while aground. Successful appeal in relation to oil spill issues and negligence.

Banga (2008-2009)

Shipping

Multi-party Commercial Court action arising out of alleged vapour phase contamination of gasoil cargo raising technical issues as to mechanism, seaworthiness and due diligence.

Team Anemonia c/w Madrisa (2009)

Shipping - Collision

Collision action raising issues as to the role of VHF in causing collision.

Genoa (2008)

Arbitration - Shipping

Confidential arbitration arising out of damage to cargo of bananas. Issues raised on content of obligation to take delivery under clause 5 of Gencon (1994 ed) and lack of jurisdiction to award costs of foreign arrest.

Adamandas (2007/2008)

Shipping

Advised shippers (Mittal) in connection with the highly publicised loss of a bulk carrier off the Reunion Is. following the development of a serious fire in her cargo of Direct Reduced Iron (DRI). Technical issues as to the causes of overheating.

Gerrards Cross Tunnel Collapse (2007)

Commercial - Assessment of Damages

Acted on behalf of Tesco in connection with claims arising from collapse of tunnel at Gerrards Cross causing closure of railway line for 51 days.

Compagnie Noga D'Importation et D'Exportation SA v The Abacha Defendants, ANZ Bank and others (1999-2007)

Commercial - Freezing Injunctions - Civil Fraud - Swiss, Russian, Nigerian law - Banking Practice - Asset-Tracing - Money Laundering

Instructed on behalf of the Claimants in multi billion dollar civil fraud action against numerous defendants. Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and/or Nigeria acted fraudulently. Raises issues of Swiss, Russian and Nigerian law, banking practice, money laundering and forensic accountancy.

Compagnie Noga v The Russian Federation

International Commercial Arbitration

Instructed by claimants direct in multi-million dollar dispute against the government of the Russian Federation. Stockholm Chamber of Commerce arbitration held in New York.

Sea Cresta (2007)

Arbitration - Shipping - Dangerous Cargo

Two linked commercial arbitrations on behalf of charterers and shippers of a cargo of DRI. Technical issues as to the cause of cargo overheating.

OEL Vision (2007)

Shipping - Unseaworthiness - Due Diligence

Commercial Court litigation in respect of cargo claims arising out of the sinking of vessel - technical issues as to the cause(s) of loss and whether due to unseaworthiness before and at the beginning of the voyage.

Huntsman v Petroplus (2006)

Commercial - Sale of Goods

Multi-million dollar dispute under an agreement for the supply of naphtha and LPG raising issues of construction (including whether the effect of an entire agreement clause is to exclude implied terms under the Sale of Goods Act 1979) and technical questions as to the cause of mercury contamination and whether it was such as to render the products unsatisfactory or unfit for purpose).

Jambo (2006)

Arbitration - Shipping - Wreck removal

Confidential arbitration involving a wreck removal contract in which the government threatened to exercise powers of intervention in relation to a vessel that was thought to have posed a threat to the environment and raising issues about the competence and professionalism of the salvors.

Eleonora (2006)

Shipping

Cargo claim raising issues of unseaworthiness.

Key Singapore (2005-2006)

Arbitration - Time Limits

Applications to the Commercial Court under sections 67,68 and 69 of the Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an award on costs only.

Starsin (House of Lords) [2004] 1 AC 715

Identity of Contractual Carrier - Himalaya Clauses - Liability in Tort/Bailment

Leading case on the identity of the contractual carrier under a bill of lading, the construction and effect of Himalaya Clauses and liability in tort. Consideration of the impact of UCP 500 on the importance to be attached to the form of signature when identifying the contractual carrier in a bill of lading.

The Nikmary [2004] 1 Lloyd's Rep 55 (Court of Appeal); [2003] 1 Lloyd's Rep 151 (Moore-Bick J)

Shipping - Laytime

First modern case to consider the nature and timing of the obligation to provide a cargo in the context of exceptions to the running of laytime under an Asbatankvoy C/P.

Arkin v Borchard and ors [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636, [2005] EWCA Civ 655.

Competition - Predatory Pricing

Commercial Court litigation raising important competition law issues in the context of the activities of two liner shipping conferences; claim for damages based on alleged breaches of Articles 81 and 82 of the EC Treaty. First case under English law in which damages were sought under Articles 81 and 82 in respect of alleged predatory pricing by the members of two liner conferences during a price war in 1991.

Appeals in the Court of Appeal concerning the liability of a professional funder for the costs of successful defendants where the claimant is impecunious and the incidence of costs as between defendants and part 20 Defendants where the claimant is impecunious.

Star Maria [2003] 1 Lloyd's Rep 183

Shipping - Salvage

Entitlement to salvage at common law - test for conversion of towage to salvage.

Leerort [2001] 2 Lloyd's Rep. 291 (Court of Appeal)

Limitation of Liability

Leading case on limitation of liability under the 1976 Limitation Convention and test to break limit under Article 4.

Maridome (2001)

Arbitration - Shipping

Confidential arbitration involving sale and purchase of a super yacht.

Fjord Wind [2000] 2 Lloyd's Rep 191 (Court of Appeal); [1999] 1 Lloyd's Rep. 307 (Moore-Bick J)

Shipping - Unseaworthiness - Due Diligence

Leading case on due diligence threshold. First modern case to consider the relationship between the doctrines of frustration and abandonment of a marine adventure.

The Sea Empress (1999, Steel J; 2000 Court of Appeal)

Shipping - Pollution

Instructed by the Environment Agency as specialist shipping counsel in connection with the prosecution of Milford Haven Port Authority.

The Owners of the Ship Pelopidas v The Owners of the Ship TRSL Concord [1999] 2 Lloyd's Rep 675 (Steel J)

Shipping - Collision

Collision involving analysis of black box data; GPS and computerised reconstruction of vessel tracks. Observations by Steel J as to the role of expert evidence in collision cases.

Metro litigation (1999/2000)

Conflict of Laws

Multi-party litigation involving conflict of laws, title to blended/commingled oil and priorities as between conflicting proprietary claims.

Smit Belait (2000/2001)

International Commercial Arbitration - Shipping - Salvage

On behalf of major international salvors in dispute with oilfield operators under a contract for the supply of a service vessel.

Zim Piraeus (2000/2001)

Shipping - Collision - International Arbitration

Acted for the shipowners in various Admiralty Court actions (including multi-party limitation proceedings) and international arbitration arising out of a ship collision. ICC arbitration in Sri Lanka.

The Ikariada [1999] 2 Lloyd's Rep 365 (Cresswell J)

Shipping - Bills of Lading

First reported case to consider whether failure to complete the blanks on a Congenbill bill of lading can give rise to a claim for damages or an indemnity under a Gencon form of charter.

The Nagasaki Spirit/Ocean Blessing: [1997] AC 455 (House of Lords)

Shipping - Special Compensation