Споры
Some of the below matters were handled by Kartikeya prior to commencing independent practice and/or as a part of other chambers/firms.
BVI : Banking and Finance Litigation
Instructed by a magic circle law firm. Acted, as a part of a larger team, to represent one of the UK's largest banks in applications requesting appointment of joint liquidators in a cross-border commercial litigation in relation to various offshore holding companies for debt recovery in excess of £1bn.
UAE/BVI/UK : Restructuring proceedings of a UAE based global commodity group facing a multi-billion pound restructuring
Instructed by a US law firm. Drafted several advisory opinions on the law of corporate insolvency and restructuring in the BVI including recent case law and practice and how BVI law may affect restructuring proceedings in England.
UK : LMAA Arbitration
Acted as a part of a team. Instructed by a leading Israeli law firm for launching arbitration proceedings against the seller of a vessel for non-performance of a SALESFORM 2012 contract.
US/BVI : Chapter 11 Bankruptcy Proceedings
Instructed by a leading US law firm to obtain recognition for a US Chapter 11 proceeding in the BVI Courts. This required drafting several successful applications to the BVI Court to recognize US Chapter 11 proceedings in the BVI and obtain interim relief for US trustees in the BVI by way of obtaining Norwich Pharmacal disclosure. Acted as a part of a larger team.
UAE/UK/BVI : Minority Shareholder Dispute of a global hospitality brand
Drafted client correspondence and letter before action in a minority shareholder dispute for the BVI holding company of a French global hospitality brand with presence in Dubai, London, Mykonos, Courchevel, and Miami. Drafted an independent advisory opinion on the merits of the case, and prepared a final comprehensive letter before action to send to opposing lawyers, Curtis Mallet.
UK/BVI/Kazakhstan : A £5bn cross-border fraud
Acted as a part of a larger team in a £6bn blue-chip banking fraud emanating in Russia-Kazakhstan spanning 12 jurisdictions such as Russia, BVI, Cyprus, Channel Islands, Antigua, Seychelles, and Switzerland. Tasks included preparing advisory opinions on corporate structuring matters in the BVI, client correspondence, liaising with litigation funders, asset-tracing exercises, drafting statement of claim, briefing senior counsel for obtaining legal opinion, and perusing virtual data rooms for conducting legal analysis.
India : Snowy Mountain Engineering Corporation (multiple arbitrations against multiple Indian State Governments)
Drafted claims in an arbitration for a Singapore engineering company in their arbitration against a State Government of India for unpaid invoices for the performance of a service contract valued at $10 million; instructed directly by in-house counsel. (UNCITRAL Rules; Delhi, India seat). Also appeared as counsel in arbitration hearings.
UK : Regular hearings at the High Court in London
Presented multiple winding-up/bankruptcy petitions for various creditors in the High Court.
UK : MHC v Moodley [2019] EWHC 1 ; commercial trial in the High Court of England & Wales
Prepared several advisory opinions for Richard Wilson KC on the issue of ‘de facto’ directorship of a company and particularly formulated successful arguments that the defendant was not a ‘de facto’ director of the Claimant. As pupil.
UK : LCIA Arbitration
Drafted a legal opinion to advise a Spanish company in a cargo dispute on merits of a potential arbitration where there had been a delay of more than 4 years in initiating an arbitration process under London rules (LCIA) against a Singaporean company. Instructed by Campbell Johnstone Clarke. (London seat). As pupil.