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Vivek Kapoor
Year of call: 2018 (2008 (India) 2018 (England & Wales) 2022 (DIFC))
Vivek Kapoor is a specialist advocate with a practice in international arbitration and commercial litigation. He is recognised for his expertise in high-value, multijurisdictional cases related to energy, infrastructure and construction, natural resources, mining and commodities, banking and financial services, civil fraud and asset tracing, sanctions, investor-state dispute settlement and public international law.
He is described in leading legal directories as “an excellent litigator”, “an expert in law”, “an excellent advocate” and “a great strategic decision maker”. Clients rate “his ability to find novel legal solutions to some of the most difficult situations is remarkable” and that he “thinks of every scenario for a case and prepares for each one, including complex and difficult ones”. His “ability to make simple arguments explaining complex legal points in both law and fact” is described as “a case winner”. In a leading judgment in the English High Court, the Judge described Vivek’s submissions as “able and persuasive”.
Vivek acts for Sovereign states and state-entities, leading Fortune 500 corporations, multinational and regional corporations, principals and their business from a wide range of geographies.
Vivek has an established practice as counsel before the English courts and in international arbitration. He also acts in courts of India, DIFC and ADGM, and has in the past acted in matters before the highest courts of Singapore and Hong Kong.
He also acts as arbitrator in international arbitrations. He is frequently appointed as presiding, sole and co-arbitrator in LCIA, ICC and SIAC arbitrations, amongst others.
Most of Vivek’s counsel work is as lead counsel or sole counsel, though he regularly acts as part of large counsel teams. His work often has connections in India, Africa, Middle East, and Central and East Asia.
Areas of expertise
International Arbitration (as Counsel)
UNCITRAL Arbitration – Acted for an African national oil company in a dispute against a consortium arising from a production sharing contract.
UNCITRAL Arbitration – Acted for an Asian national oil company in a dispute against a consortium arising from a production sharing contract.
UNCITRAL Arbitration – Acted for an African state-owned company in a dispute against a consortium arising from a joint operating agreement in relation to a production block in Africa.
UNCITRAL Arbitration – Advised an international energy company in a dispute against an Asian state concerning rights under a gas concession agreement.
UNCITRAL Arbitration – Advised the owner and operator of a major gas pipeline in West Africa in a dispute regarding the participating interest and rights of two sovereign shareholders.
LCIA Arbitration – Acted for an Asian state-owned oil and gas company in a dispute against a multinational energy company regarding unpaid contributions to costs regarding two oil and gas blocks, in which the multinational company held participating interests.
DIFC-LCIA Arbitration – Advised a defence contractor in dispute against a Middle Eastern state arising out of an agreement to sale of two missionised aircrafts.
JCT / CIMAR Arbitration - Acted for a Chinese owner of a hotel in central London operated by one the largest hotel brands in relation to a dispute arising from the construction and refurbishment works at the hotel.
ICC Arbitration – Acted for the manufacturer of connectors and sensors in a dispute against one of the world’s largest power generation companies in relation to energy production and distribution at a solar park in the Middle East.
ICC Arbitration – Acted for an Asian investor in dispute against the operator of a wind farm in North Africa.
ICC Arbitration – Acted for a European electricity trader against the Sothern European state-owned utility in a dispute regarding setting of electricity tariffs.
ICC Arbitration – Acted for a consortium of contractors against a South-east Asian state-owned company in a dispute arising out of the construction and commissioning of a hydroelectric power project in South East Asia.
UNCITRAL Arbitration - Acted for a prominent state-owned power generation equipment manufacturer against a West Asian state-owned company in a dispute regarding production and installation of new turbine-generators at a hydroelectric power project in West Asia.
ICC Arbitration – Acted for a sub-contractor in a dispute with the main contractor in relation to works at a gas exploration site in South Asia.
ICC Arbitration – Acted for a consortium of contractors against a South-east Asian state-owned company in a dispute arising out of the construction and commissioning of a hydroelectric power project in South East Asia.
UNCITRAL Arbitration – Acted for a leading infrastructure company in a dispute under a bilateral investment treaty against an Asian State arising from the indirect expropriation of EPC contracts to construct two power projects in South Asia.
UNCITRAL Arbitration – Acted for a consortium in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a power plant.
LCIA Arbitration – Acted for a one of the world’s largest metals conglomerate against a Canadian mining company in dispute arising from an offtake agreement in connection with a gold mine in Brazil.
LCIA Arbitration – Acted for a Chinese company against an African mining company in dispute in relation to a prepayment and offtake agreement in connection with a lithium mine in sub-Saharan Africa.
UNCITRAL Arbitration – Acted for European investors in a dispute under a bilateral investment treaty against a CIS State arising from the direct expropriation of a mining project.
UNCITRAL Arbitration – Acted for a British investor in a dispute against a CIS State under the State’s Foreign Investment Law arising from the breach of the fair and equitable standard and indirect expropriation of a mining project.
LCIA Arbitration – Acted for a one of the largest metals conglomerates in a dispute against a Middle-Eastern state-owned entity over non-performance of agreement for the supply of coal.
Ad-hoc Arbitration – Acted for a prominent metals conglomerate in a dispute against a south-east Asian state-owned company regarding allegations of misrepresentation and breach of contract in relation to a high-value transaction involving the Chinese-arm of a London-based investment bank.
SIAC Arbitration - Acting for an Indian mining company in a dispute against a Singaporean commodities trader arising from a contract for the production and sale of iron pellets.
SIAC Arbitration – Acted for an Indonesian mining company in a dispute against an international commodities trader over the impact of regulatory changes in Indonesia’s mining sector on parties’ obligations under long-term agreements for the supply of coal.
ICC Arbitration - Acted for an Asian commodities trader in a dispute against the producer of liquefied natural gas regarding delivery and payment obligations under an LNG sales agreement.
Consolidated SIAC Arbitrations - Acted for an Indian agribusiness in a dispute against a Singaporean commodities trader arising from a series of contracts for the sale and purchase of chemicals.
LMAA Arbitration - Acted for the Brazilian metals multinational company in a dispute against Dutch vessel owners arising in relation to an incident at a Middle-eastern port during the course of transport of aluminium compounds.
LMAA Arbitration - Acted for an Indian mining company in a dispute against British vessel owners in relation to an environmental incident at an Indian port during the course of transport of iron ore.
LMAA Arbitration - Acted for an Indian metals multinational company in a dispute against a British company in relation to the sale and transport of aluminium compound.
SIAC Arbitration – Advised a Middle eastern commodities trader in a dispute against an East Asian commodities trader in relation to the sale and purchase of iron ore.
SIAC Arbitration – Acted for a Singaporean commodities trader in a dispute against an Indian mining company in relation to two contracts for the sale and purchase of iron ore.
LCIA Arbitration – Acted for a British cloud-based insurance solutions provider in a dispute against a Latin American insurance provider in relation to licensing and installation of the former’s proprietary software.
ADCCAC Arbitration - Acting for a contractor consortium in a USD multi-billion dispute against a Middle Eastern state entity in relation to construction works at a new airport terminal in the State.
UNCITRAL Arbitration – Acted for a consortium in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a power plant.
UNCITRAL Arbitration – Acted for a Turkish contractor in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a new airport.
SIAC Arbitration – Acted for leading South Asian sports entertainment media companies in a joint venture dispute with one of the world’s largest media conglomerates over the ownership and broadcast of sports channels in India.
LCIA Arbitration – Acted for Russian private equity firm in a dispute against a prominent US real estate developer in relation to construction and development of a mixed-use project in Moscow.
ICC Arbitration – Acted for a fund manager in a dispute over management of the fund focussed on telecom assets in West Africa.
ICC Arbitration – Acted for an engineering subcontractor against the contractor in a dispute pertaining to the design and engineering works forming part of the development of an oil field in West Asia.
Ad-hoc Arbitration – Advised a British natural resources conglomerate in a dispute with one of the world’s largest oil field services companies in relation to drilling oil wells onshore in India.
LCIA Arbitration – Acted for the former head of FX trading of a prominent British multinational bank in an insurance coverage dispute relating to ongoing DOJ, SEC and FCA investigations.
International Arbitration (as Arbitrator)
Ad-hoc Arbitration – Presiding Arbitrator in an arbitration between a leading contractor and an Indian state-owned company in a dispute arising out a series of contracts for the construction and commissioning of a hydroelectric power project in North India.
ICC Arbitration - Sole Arbitrator in an arbitration between a European aerospace company and a Russian state-owned company in a dispute in relation to terms for the production, sale and delivery of 17 aircrafts.
LCIA Arbitration – Sole Arbitrator in a multiparty arbitration involving American, Canadian, Middle eastern and African parties, arising from the acquisition of a private security firm operating in a number of jurisdictions in East and Central Africa.
LCIA Arbitration – Co-arbitrator in an arbitration between a European oil and gas company and an African energy company in a dispute arising from the acquisition of a downstream oil and gas business in East Africa.
LCIA Arbitration – Co-arbitrator in an arbitration between a leading remotely operated vehicle and subsea operator and an African integrated oil and gas services provider in relation to an upstream offshore oil and gas project in West Africa.
LCIA Arbitration - Sole Arbitrator in an arbitration between a Chinese minerals trading company and a Russian mining company in a dispute regarding non-performance of agreements for the sale and purchase of aluminium as a result of Russian sanctions.
LCIA Arbitration – Sole Arbitrator in an arbitration between British and German companies arising from a trade mark licence and supply agreement in relation to patents, trademarks and know-how for use in protecting mobile telecommunication devices and for the supply of licensed impact resistant material.
LCIA Arbitration – Sole Arbitrator in an arbitration between a multinational provider of specialist mechanical services to asset owners in the oil and gas, power, generation, and industrial sectors and its Saudi Arabian representative agent company regarding revenue sharing in relation to sale of products and services in Saudi Arabia over a period of time.
LCIA Arbitration – Sole Arbitrator in an arbitration between Chinese and British companies arising from an agreement for the provision of support services in relation to special use mobile telecommunication devices.
SIAC Arbitration – Sole Arbitrator in an arbitration between African main contractor and sub-contractor arising from civil and electro-mechanical works forming part of the design, manufacture, construction and commissioning of a solar photovoltaic power generation plant located in East Africa.
Commercial Litigation
- Successfully defended India Infrastructure Finance Company Limited in proceedings for permission to appeal the judgment in [2023] EWHC 1612 (KB).
- [2023] EWHC 1612 (KB) Acted for India Infrastructure Finance Company Limited in a multi-million-dollar claim before the High Court (King’s Bench Division) in London arising from a facility agreement and related guarantees provided in relation to one of the largest dry ports in the world, located in India.
- [2023] EWHC 3201 (Ch) Acted for Punjab National Bank International in asset disclosure proceedings to enforce a multi-million-pound judgment of the English Court. Leading case on the scope and mechanisms under CPR Part 71.
- Hutchcroft v. Barrett Acted for the defendant in the High Court (King’s Bench Division) in proceedings for civil and criminal contempt of court in relation to asset disclosure in order to enforce of an English judgment.
- Acted for Punjab National Bank International in multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London and the Bombay High Court in Mumbai against 8 defendants. The matters settled with PNB receiving a multi-million settlement.
- Acted for India Infrastructure Finance Company Limited in a multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London against 3 defendants.
- Acted for Gatwick Airport before the High Court (Technology and Commercial Court) in a claim against World Duty Free for damages in relation to construction works at the North Terminal.
- Acted for restaurant chain Rodizio Rico before the High Court (Technology and Commercial Court) in a claim for loss and damages in relation to the ductwork in the O2 in London. Claim favourably settled by counterparty’s insurers shortly after the commencement of the 2-week trial.
- [2022] EWHC 1235 (TCC) Acted for Liverpool City before the High Court (Technology and Commercial Court) in proceedings to resist an adjudicator’s decision regarding a highways project. Leading case on the approach to dispute under two contracts, service and appointment of an adjudicator, the question referred to an adjudicator, jurisdiction, and natural justice.
- Ullah v. Umarjee Acted for the defendant before the High Court (Queen’s Bench Division) in proceedings brought by his former business partner alleging deceit, fraudulent misrepresentation, breach of trust and fraudulent transfer of shares.
- [2022] EWHC 1015 (Comm) Acted for the defendant in the High Court (Commercial Court) in proceedings for contempt of court in relation to asset disclosure in order to enforce an arbitral award.
- Acted for The Purchasers before the High Court (Chancery Division) in a claim related to the insolvency of the historic Caer Rhun Hall Hotel in Wales.
- Acted for Punjab National Bank International before the Bombay High Court in civil fraud and enforcement proceedings against an IT company and its promotors arising from a multi-million-pound judgment of the English High Court.
- Acted for Cube Construction before the High Court (Technology and Commercial Court) in proceedings for declaratory relief against its sub-contractor MWP Frames in relation to works for the development of a multiuse project in North England, which included a 133-bed hotel and offices.
- Advised the owner of a number of waste-to-energy assets in the UK in a dispute in the High Court with UK regulator, Office of Gas and Electricity Markets, regarding Renewable Heat Incentives.
- Acted for a prominent British utilities company against one of the largest producers and suppliers of electricity in the UK in a injunctive proceedings in the High Court (Commercial Court) regarding revision of electricity tariffs.
- Court of Appeal and High Court (Singapore) Acted for Indonesian state-controlled natural gas corporation PT Perusahaan Gas Negara (Persero) in the much controvertible setting aside proceedings in Singapore before the Court of Appeal and High Court, arising from an ICC arbitration regarding a major gas pipeline project in Indonesia. Seminal case in the interpretation of the dispute resolution process under the FIDIC Red Book (1999), and prompted FIDIC Guidance Memorandum.
- Court of Appeal (Hong Kong) Acted for PT First Media TBK in enforcement proceedings in Hong Kong before the Court of Appeal in the long running Astro/Lippo dispute related to the enforcement of five arbitration awards.
- Supreme Court (India) Acted for a trade body representing FMCG companies before the Supreme Court of India in a petition seeking judicial review of a new environmental regulation with a possible multi-million exposure to the entire FMCG industry.
- Acted for PepsiCo India before the Punjab & Haryana High Court in a dispute against the Indian state of Punjab in relation to the imposition of market fee on agricultural procurement in the state.
- Acted for PepsiCo India before the Punjab & Haryana High Court in a dispute against the Indian state of Punjab arising from the arbitrary withdrawal of tax concessions awarded for the setting up of three manufacturing units in the state.
- Acted for the Royal Bank of Scotland and National Westminister Bank in numerous claims arising from allegations of mis-selling of payment protection insurance.
Energy
Vivek has extensive expertise of disputes related to oil and gas, renewables, nuclear, electricity and thermal power, energy transition technologies, as well as energy mergers and acquisitions. He acts for and advises a broad spectrum of clients in the energy sector – sovereign states, state-owned companies, developers, public and private utilities, independent power producers, energy tech companies, investors and lenders. He also has experience of energy infrastructure disputes and energy-related investor-state disputes.
Oil & Gas
Ad-hoc Arbitration – Advised a British natural resources conglomerate in a dispute with one of the world’s largest oil field services companies in relation to drilling oil wells onshore in India.
ICC Arbitration - Acted for an international oil company in a dispute to enforce the payment of cash-calls by a defaulting joint venture partner under a joint operating agreement.
ICC Arbitration – Acted for the drilling contractor against a Middle-eastern state entity in a dispute regarding the drilling of oil wells in the Middle-eastern State.
LCIA Arbitration – Acted for an Asian state-owned oil and gas company in a dispute against a multinational energy company regarding unpaid contributions to costs regarding two oil and gas blocks, in which the multinational company held participating interests.
LCIA Arbitration – Co-arbitrator in an arbitration between a European oil and gas company and an African energy company in a dispute arising from the acquisition of a downstream oil and gas business in East Africa.
LCIA Arbitration – Co-arbitrator in an arbitration between a leading remotely operated vehicle and subsea operator and an African integrated oil and gas services provider in relation to services at an upstream offshore oil and gas project in West Africa.
LCIA Arbitration – Sole Arbitrator in an arbitration between a multinational provider of specialist mechanical services to asset owners in the oil and gas, power, generation, and industrial sectors and its Saudi Arabian representative agent company regarding revenue sharing in relation to sale of products and services in Saudi Arabia over a period of time.
UNCITRAL Arbitration – Acted for an African national oil company in a dispute against a consortium arising from a production sharing contract.
UNCITRAL Arbitration – Acted for an Asian national oil company in a dispute against a consortium arising from a production sharing contract.
UNCITRAL Arbitration – Acted for an African state-owned company in a dispute against a consortium arising from a joint operating agreement in relation to a production block in Africa.
UNCITRAL Arbitration – Advised an international energy company in a dispute against an Asian state concerning rights under a gas concession agreement.
UNCITRAL Arbitration – Advised the owner and operator of a major gas pipeline in West Africa in a dispute regarding the participating interest and rights of two sovereign shareholders.
Renewables
ICC Arbitration – Acted for the manufacturer of connectors and sensors in a dispute against one of the world’s largest power generation companies in relation to energy production and distribution at a solar park in the Middle East.
ICC Arbitration – Acted for an Asian investor in dispute against the operator of a wind farm in North Africa.
High Court (England & Wales) – Advised the owner of a number of waste-to-energy assets in the UK in a dispute with UK regulator, Office of Gas and Electricity Markets, regarding Renewable Heat Incentives.
SIAC Arbitration – Sole Arbitrator in an arbitration between African main contractor and sub-contractor arising from civil and electro-mechanical works forming part of the design, manufacture, construction and commissioning of a solar photovoltaic power generation plant located in East Africa.
Electricity and Thermal Power
Ad-hoc – Presiding Arbitrator in an arbitration between a leading contractor and an Indian state-owned company in a dispute arising out a series of contracts for the construction and commissioning of a hydroelectric power project in North India.
ICC Arbitration – Acted for a European electricity trader against the Sothern European state-owned utility in a dispute regarding setting of electricity tariffs.
ICC Arbitration – Acted for a consortium of contractors against a South-east Asian state-owned company in a dispute arising out of the construction and commissioning of a hydroelectric power project in South East Asia.
High Court (England & Wales) – Acted for a prominent British utilities company against one of the largest producers and suppliers of electricity in the UK in injunctive proceedings in the High Court (Commercial Court) regarding revision of electricity tariffs.
UNCITRAL Arbitration - Acted for a prominent state-owned power generation equipment manufacturer against a West Asian state-owned company in a dispute regarding production and installation of new turbine-generators at a hydroelectric power project in West Asia.
Energy Infrastructure
Ad-hoc Arbitration – Presiding Arbitrator in an arbitration between a leading contractor and an Indian state-owned company in a dispute arising out a series of contracts for the construction and commissioning of a hydroelectric power project in North India.
ICC Arbitration – Acted for a consortium of contractors against a South-east Asian state-owned company in a dispute arising out of the construction and commissioning of a hydroelectric power project in South East Asia.
ICC Arbitration – Acted for a sub-contractor in a dispute with the main contractor in relation to works at a gas exploration site in South Asia.
ICC Arbitration – Acted for an engineering subcontractor against the contractor in a dispute pertaining to the design and engineering works forming part of the development of an oil field in West Asia.
SIAC Arbitration – Sole Arbitrator in an arbitration between African main contractor and sub-contractor arising from civil and electro-mechanical works forming part of the design, manufacture, construction and commissioning of a solar photovoltaic power generation plant located in East Africa.
Court of Appeal and High Court (Singapore) - Acted for Indonesian state-controlled natural gas corporation PT Perusahaan Gas Negara (Persero) in the much controvertible setting aside proceedings in Singapore before the Court of Appeal and High Court, arising from an ICC arbitration regarding a major gas pipeline project in Indonesia. Seminal case in the interpretation of the dispute resolution process under the FIDIC Red Book (1999), and prompted FIDIC Guidance Memorandum.
Energy-related Investor-State Disputes
UNCITRAL Arbitration – Acted for a leading infrastructure company in a dispute under a bilateral investment treaty against an Asian State arising from the indirect expropriation of EPC contracts to construct two power projects in South Asia.
UNCITRAL Arbitration – Acted for a Turkish contractor in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a power plant.
Natural Resources, Mining and Commodities
Vivek has extensive expertise of disputes related to natural resources, their exploration and development, and their trade. He acts for and advises a broad spectrum of clients in the sector – sovereign states, state-owned companies, miners, commodity traders, investors and lenders. He also has experience of mining-related investor-state disputes.
- ICC Arbitration - Acted for an Asian commodities trader in a dispute against the producer of liquefied natural gas regarding delivery and payment obligations under an LNG sales agreement.
- LCIA Arbitration – Acted for a one of the world’s largest metals conglomerate against a Canadian mining company in dispute arising from an offtake agreement in connection with a gold mine in Brazil.
- LCIA Arbitration – Acted for a Chinese company against an African mining company in dispute in relation to a prepayment and offtake agreement in connection with a lithium mine in sub-Saharan Africa.
- LCIA Arbitration – Acted for a one of the largest metals conglomerates in a dispute against a Middle-Eastern state-owned entity over non-performance of agreement for the supply of coal.
- LCIA Arbitration - Sole Arbitrator in an arbitration between a Chinese minerals trading company and a Russian mining company in a dispute regarding non-performance of agreements for the sale and purchase of aluminium as a result of Russian sanctions.
- Ad-hoc Arbitration – Acted for a prominent metals conglomerate in a dispute against a south-east Asian state-owned company regarding allegations of misrepresentation and breach of contract in relation to a high-value transaction involving the Chinese-arm of a London-based investment bank.
- SIAC Arbitration - Acting for an Indian mining company in a dispute against a Singaporean company specializing in the trade of minerals arising from a contract for the production and sale of iron pellets.
- SIAC Arbitration – Acted for an Indonesian mining company in a dispute against a prominent commodity trader over the impact of regulatory changes in Indonesia’s mining sector on parties’ obligations under long-term agreements for the supply of coal.
- Consolidated SIAC Arbitrations - Acted for an Indian agribusiness in a dispute against a Singaporean commodities trader arising from a series of contracts for the sale and purchase of chemicals.
- LMAA Arbitration - Acted for the Brazilian metals multinational company in a dispute against Dutch vessel owners arising in relation to an incident at a Middle-eastern port during the course of transport of aluminium compounds.
- LMAA Arbitration - Acted for an Indian mining company in a dispute against British vessel owners in relation to an environmental incident at an Indian port during the course of transport of iron ore.
- LMAA Arbitration - Acted for an Indian metals multinational company in a dispute against a British company in relation to the sale and transport of aluminium compound.
- SIAC Arbitration – Advised a Middle eastern commodities trader in a dispute against an East Asian commodities trader in relation to the sale and purchase of iron ore.
- SIAC Arbitration – Acted for a Singaporean commodities trader in a dispute against an Indian mining company in relation to two contracts for the sale and purchase of iron ore.
Mining-related Investor-State Disputes
- UNCITRAL Arbitration – Acted for European investors in a dispute under a bilateral investment treaty against a CIS State arising from the direct expropriation of a mining project.
- UNCITRAL Arbitration – Acted for a British investor in a dispute against a CIS State under the State’s Foreign Investment Law arising from the breach of the fair and equitable standard and indirect expropriation of a mining project.
Infrastructure and Construction
Vivek frequently acts in multifaceted infrastructure and construction disputes for a range of participants in the industry: owners/employers, contractors and subcontractors, developers, lenders, and investors. He has experience of gas pipelines, oil fields and platforms, gas exploration sites, power plants, dredging projects, roads and transport, ports and dry docks, housing, commercial and mixed-use projects, and entertainment projects. He also has experience of infrastructure-related investor-state disputes.
- [2022] EWHC 1235 (TCC) - Acted for Liverpool City before the High Court (Technology and Commercial Court) in proceedings to resist an adjudicator’s decision regarding a highways project. Leading case on the approach to dispute under two contracts, service and appointment of an adjudicator, the question referred to an adjudicator, jurisdiction, and natural justice.
- ADCCAC Arbitration - Acting for a contractor consortium in a USD multi-billion dispute against a Middle Eastern state entity in relation to construction works at a new airport terminal in the State.
- Ad-hoc Arbitration – Presiding Arbitrator in an arbitration between a leading contractor and an Indian state-owned company in a dispute arising out a series of contracts for the construction and commissioning of a hydroelectric power project in North India.
- ICC Arbitration – Acted for a consortium of contractors against a South-east Asian state-owned company in a dispute arising out of the construction and commissioning of a hydroelectric power project in South East Asia.
- ICC Arbitration – Acted for a sub-contractor in a dispute with the main contractor in relation to works at a gas exploration site in South Asia.
- ICC Arbitration – Acted for an engineering subcontractor against the contractor in a dispute pertaining to the design and engineering works forming part of the development of an oil field in West Asia.
- LCIA Arbitration – Acted for Russian private equity firm in a dispute against a prominent US real estate developer in relation to construction and development of a mixed-use project in Moscow.
- JCT / CIMAR Arbitration - Acted for a Chinese owner of a hotel in central London operated by one the largest hotel brands in relation to a dispute arising from the construction and refurbishment works at the hotel.
- High Court (England & Wales) - Acted for Gatwick Airport before the High Court (Technology and Commercial Court) in a claim against World Duty Free for damages in relation to construction works at the North Terminal.
- High Court (England & Wales) - Acted for restaurant chain Rodizio Rico before the High Court (Technology and Commercial Court) in a claim for loss and damages in relation to the ductwork in the O2 in London. Claim favourably settled by counterparty’s insurers shortly after the commencement of the 2-week trial.
- High Court (England & Wales) - Acted for Cube Construction before the High Court (Technology and Commercial Court) in proceedings for declaratory relief against its sub-contractor MWP Frames in relation to works for the development of a multiuse project in North England, which included a 133-bed hotel and offices.
- Court of Appeal and High Court (Singapore) Acted for Indonesian state-controlled natural gas corporation PT Perusahaan Gas Negara (Persero) in the much controvertible setting aside proceedings in Singapore before the Court of Appeal and High Court, arising from an ICC arbitration regarding a major gas pipeline project in Indonesia. Seminal case in the interpretation of the dispute resolution process under the FIDIC Red Book (1999), and prompted FIDIC Guidance Memorandum.
- SIAC Arbitration – Sole Arbitrator in an arbitration between African main contractor and sub-contractor arising from civil and electro-mechanical works forming part of the design, manufacture, construction and commissioning of a solar photovoltaic power generation plant located in East Africa.
Infrastructure-related Investor-State Disputes
- UNCITRAL Arbitration – Acted for a consortium in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a power plant.
- UNCITRAL Arbitration – Acted for a Turkish contractor in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a new airport.
Banking and Financial Services
Vivek regularly acts in high-value disputes related to banking and financial services. He brings expertise of dealing with claims involving cross-border elements, particularly jurisdiction challenges, freezing and disclosure orders, and other forms of injunctive relief. He acts for leading private and mainstream banks, public-sector banks, private equity funds, financial services institutions, and high net worth individuals.
- ICC Arbitration – Acted for a fund manager in a dispute over management of the fund focussed on telecom assets in West Africa.
- LCIA Arbitration – Acted for the former head of FX trading of a prominent British multinational bank in an insurance coverage dispute relating to ongoing DOJ, SEC and FCA investigations.
- [2023] EWHC 1612 (KB) Acted for India Infrastructure Finance Company Limited in a multi-million-dollar claim before the High Court (King’s Bench Division) in London arising from a facility agreement and related guarantees provided in relation to one of the largest dry ports in the world, located in India.
- Successfully defended India Infrastructure Finance Company Limited in proceedings for permission to appeal the judgment in [2023] EWHC 1612 (KB).
- [2023] EWHC 3201 (Ch) Acted for Punjab National Bank International in asset disclosure proceedings to enforce a multi-million-pound judgment of the English Court. Leading case on the scope and mechanisms under CPR Part 71.
- High Court (England & Wales) and High Court (India) Acted for Punjab National Bank International in multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London and the Bombay High Court in Mumbai against 8 defendants. The matters settled with PNB receiving a multi-million settlement.
- High Court (England & Wales) Acted for India Infrastructure Finance Company Limited in a multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London against 3 defendants.
- High Court (England & Wales) Acted for The Purchasers before the High Court (Chancery Division) in a claim related to the insolvency of the historic Caer Rhun Hall Hotel in Wales.
- High Court (India) Acted for Punjab National Bank International before the Bombay High Court in civil fraud and enforcement proceedings against an IT company and its promotors arising from a multi-million-pound judgment of the English High Court.
- England & Wales Acted for the Royal Bank of Scotland and National Westminister Bank in numerous claims arising from allegations of mis-selling of payment protection insurance.
Civil Fraud and Asset Tracing
Vivek frequently acts in civil fraud matters covering: asset tracing and recovery, banking fraud, bribery and corruption, breach of fiduciary duties, conspiracy, breach of trust, constructive trusts, fraudulent misrepresentation, and inducement claims. He has expertise of dealing with claims involving cross-border elements, particularly jurisdiction challenges, freezing and disclosure orders, and other forms of injunctive relief.
- [2023] EWHC 1612 (KB) Acted for India Infrastructure Finance Company Limited in a multi-million-dollar claim before the High Court (King’s Bench Division) in London arising from a facility agreement and related guarantees involving claims of conspiracy and fraudulent claim on guarantees.
- Successfully defended India Infrastructure Finance Company Limited in proceedings for permission to appeal the judgment in [2023] EWHC 1612 (KB).
- Hutchcroft v. Barrett Acted for the defendant in the High Court (King’s Bench Division) in proceedings for civil and criminal contempt of court in relation to asset disclosure in order to enforce of an English judgment.
- [2023] EWHC 3201 (Ch) Acted for Punjab National Bank International in asset disclosure proceedings to enforce a multi-million-pound judgment of the English Court. Leading case on the scope and mechanisms under CPR Part 71.
- High Court (England & Wales) and High Court (India) Acted for Punjab National Bank International in multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London and concurrently in the Bombay High Court in Mumbai against 8 defendants. The matters settled with PNB receiving a multi-million settlement.
- Ullah v. Umarjee Acted for the defendant before the High Court (Queen’s Bench Division) in proceedings brought by his former business partner alleging deceit, fraudulent misrepresentation, breach of trust and fraudulent transfer of shares.
- [2022] EWHC 1015 (Comm) Acted for the defendant in the High Court (Commercial Court) in proceedings for contempt of court in relation to asset disclosure in order to enforce an arbitral award.
- High Court (England & Wales) Acted for India Infrastructure Finance Company Limited in a multi-million-pound civil fraud and enforcement proceedings before the High Court (King’s Bench Division) in London against 3 defendants.
- High Court (India) Acted for Punjab National Bank International before the Bombay High Court in civil fraud and enforcement proceedings against an IT company and its promotors arising from a multi-million-pound judgment of the English High Court.
Investor State Dispute Settlement and Public International Law
Vivek has been instructed by States and private entities on both contentious and non-contentious public international law related issues. He is regularly instructed in matters related to the protection of international investment under bilateral investment treaties, free trade agreements, and investor-state, concession contracts and sanctions.
He advises on restructuring of investments to provide treaty protections, treaty interpretation, sovereign immunity, state succession, state sovereignty over natural resources, state responsibility for actions of public authorities, and international sanctions. He has also advised on civil liberties and human rights in the context of commercial disputes involving States and State entities.
UNCITRAL Arbitration – Acted for a leading infrastructure company in a dispute under a bilateral investment treaty against an Asian State arising from the indirect expropriation of two power projects.
UNCITRAL Arbitration – Acted for European investors in a dispute under a bilateral investment treaty against a CIS State arising from the direct expropriation of a mining project.
UNCITRAL Arbitration – Acted for a British investor in a dispute against a CIS State under the State’s Foreign Investment Law arising from the breach of the fair and equitable standard and indirect expropriation of a mining project.
UNCITRAL Arbitration - Acted for a Mauritian investor in a dispute pursuant to a bilateral investment treaty against an Asian State arising from the breach of the fair and equitable standard and indirect expropriation of an information technology venture.
UNCITRAL Arbitration – Acted for a consortium in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a power plant.
UNCITRAL Arbitration - Acted for a European defence contractor in a dispute pursuant to a bilateral investment treaty against a South American State arising from the expropriation of a defence services contract.
UNCITRAL Arbitration – Acted for a Turkish contractor in a dispute pursuant to a bilateral investment treaty against an African State arising from the expropriation of an EPC contract to build a new airport.
ICSID Arbitration – Advised a Central Asian State on a dispute pursuant to a bilateral investment treaty commenced by an investor alleging expropriation of a bank.
High Court (England & Wales) – Advised an African State on the setting aside and resisting enforcement of a final award obtained by Chinese investors.