Vasanti Selvaratnam QC

Vasanti Selvaratnam QC Commercial Profile

Vasanti Selvaratnam QC practices in all aspects of international commercial litigation and arbitration, regularly handling force majeure disputes, jurisdiction issues and all forms of interim urgent relief, including freezing orders and anti-suit injunctions. She specialises in large scale commercial cases both in court and in arbitration, including shipping and commodity disputes, related documentary credit issues and civil fraud. She is particularly noted for her user friendly “hands on” approach to cases and for her ability quickly to get to grips with disputes raising complex factual and technical issues which require a sound grasp of expert evidence and mastery of detail.

Recent cases include the Court of Appeal decision in The Wadi Sudr [2010] 1 Lloyd’s Rep 193 and Madoff Securities International Ltd (in liquidation) v Yacht Bull Corporation [2010] EWHC 133 (Ch) and BNP Paribas SA v (1) Open Joint Stock Co Russian Machines (2) Joint Stock Asset Management Co Ingosstrakh-Investments [2011] EWHC 308 (Comm) in which there is a pending appeal to the Court of Appeal.

Recommended in Chambers and Partners and Legal 500, she is noted for her tenancity as well as for being ‘a poised and highly measured advocate’.

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's skills in cross-examinations are highly rated: "She comes across as incredibly calm and considered but leaves a trail of destruction in her wake." (Chambers & Partners 2012)

Vasanti also sits as an arbitrator in international commercial disputes.

Cases of interest:

Re: 22 Confidential arbitrations (2012):

Jurisdiction issues concerning whether assignor or assignee had title to commence arbitration and serve notices of termination and notices of demand under a guarantee following a deed of assignment executed in favour of the financing bank.

Confidential (2011)

Advising re enforcement of an arbitration award against a sovereign debtor.

Re: BNP (2011)

Anti suit injunction and related jurisdiction issues in quasi contractual/non contractual case involving London arbitration and Russian proceedings brought by a non party under a Russian statute.

LCIA Arbitration (2010)

Instructed by Norton Rose on behalf of a global GDS distributor in a multi-million dollar dispute arising out of premature termination of exclusive distribution rights raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and/or waiver.

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

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

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)

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

Rimpacific v Daehan Shipbuilding (2009) EWHC 2941; [2011] EWHC 2618 (Comm)

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

Banga (2008-2009)

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.

Gerrards Cross Tunnel Collapse (2007)

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)

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

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.

Huntsman v Petroplus (2006)

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).

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

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.

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

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.

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

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

Metro litigation (1999/2000)

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

Memberships:

Other Professional Affiliations and Memberships: COMBAR, LCLBA, BMLA, LMAA, London Shipping Law Centre (Head of education sub-committee), European Circuit, Bar European Group; Law Society European Group; Institute of Advanced Legal Studies, ICC’s Banking and Finance committee.

Rights of Audience:

England and Wales (1983)
Dubai International Financial Centre Courts (2008)