Vasanti Selvaratnam QC

Vasanti Selvaratnam QC Shipping & International Trade 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:

• Shipping, transport and commodities, including:
  • Full range of charterparty and bill of lading disputes
  • Shipbuilding and refund guarantee disputes 
  • Ship sale and purchase
  • Marine insurance
  • Salvage and collision
  • Wreck removal
  • Pollution
  • Limitation of liability
  • CMR
  • Jurisdiction disputes

• 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

Particular specialism in cases requiring technical expertise. Vasanti is recommended as a leading silk in Chambers & Partners and Legal 500.

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 Selvaratnam QC is known for her tenacity and recently acted in the ‘Wadi Sudr’ case, which has become the leading case on the enforcement of a foreign judgment in the UK that is in breach of the EU Judgments Regulation. (Chambers & Partners 2011)

Vasanti Selvaratnam QC has a similarly wide-ranging commercial litigation practice. On the shipping front, she is especially famed for her track record on complex salvage cases. (Chambers & Partners 2010)

Vasanti Selvaratnam QC’s shipping work centres on multimillion-pound disputes, and recently included acting in APL Panama, which resulted in the largest Lloyd’s Open Form award seen in the market to date. (Legal 500 2010)

Vasanti Selvaratnam QC is well-regarded for high-level shipping and international trade disputes, and acted on The Front Ace case, one of the few references to the Admiralty Registrar that has gone to the Court of Appeal on points of principle in recent years. (Legal 500 2009)

Recent cases of interest and career highlights include:

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.

The Triton (2011) : force majeure and laytime and demurrage dispute (delays in loading coal in Australia due to flooding).

Re ICC arbitrations (2011, confidential, ongoing): jurisdiction challenge founded on multi-tiered arbitration clause providing
for arbitration after a period of friendly discussions.

Re LMAA arbitrations (2011, confidential, ongoing): multi-million dollar disputes under a string of long term charterparties
arising out of premature termination, related world wide freezing injunctions.

JIN MAN and JIN PU (2011, Commercial Court): claim for in excess of $40 million under two guarantees rising issues of
authority and Korean law, related anti suit relief.

AJWAA GASES v AL GHAITH (2011, Commercial Court) - claim on a demand guarantee raising issues of construction,
including whether the underlying liability of the debtor has to be established as a pre-requisite to recovery under the guarantee.

The Wadi Sudr [2010] 1 Lloyd’s Rep. 193, CA; - 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.

APL Panama (2009): salvage - 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.

New Navigation (2011): confidential safe port arbitration - This multi-million dollar 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 negligent navigation on the part of the Master and Pilot.

LCIA arbitration (confidential) (2010) - Multi-million dollar dispute 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.

Ocean Crown (ongoing): confidential commercial arbitration - Multi-million dollar commercial arbitration arising out of the grounding of a laden bulk carrier on an uncharted rock off the coast of Chile raising issues of Chilean law and the Hamburg Rules.

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 entites regarding title to the yacht Bull. The 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.

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.

Front Ace [2008] EWCA Civ 101 - Leading case in the Court of Appeal on assessment of damages for loss of a fixture following a collision.

Banga - 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 - Collision action raising issues as to the role of VHF in causing collision.
Adamandas - 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 - Acted on behalf of Tesco in connection with complex damages 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 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.

Sea Cresta: confidential commercial arbitration - Two linked commercial arbitrations on behalf of charterers and shippers of a cargo of DRI. Technical issues as to the cause of cargo overheating; whether DRI a dangerous cargo.

OEL Vision - 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 - 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)- 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.

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.

Memberships:

Other Professional Affiliations and Memberships: COMBAR, LCLBA, BMLA, LMAA, London Shipping Law Centre (Head of educaion 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)