Sunil Gadhia

Sunil has more than 30 years’ experience of litigating in the English courts, including the Court of Appeal and Supreme Court. His experience ranges from cases on contractual interpretation, contentious insolvency, banking and financial disputes, competition cases, fraud and asset tracing, parent company liability for subsidiaries in overseas jurisdictions, enforcement of arbitration awards, and sovereign immunity. Examples of his litigation cases include:

• Cases on contractual interpretation, including in the High Court and Court of Appeal.
• A major dispute arising out of claims that hundreds of millions of dollars were stolen from a publicly listed company based in Kazakhstan, involving proceedings before the courts in England, the U.S., Switzerland, and Cyprus.
• Claims against a parent company in the mining sector for harm suffered by individuals in Sierra Leone, involving issues of vicarious liability for acts of state authorities and negligence.
• A multinational gaming company in English Commercial Court proceedings over the interpretation of Italian company law in the context of a corporate merger.

English Commercial Court proceedings involving claims for fraudulent misrepresentation, intimidation and conspiracy arising from the sale of a minority interest in an Indian payments company, and with Indian Counsel defeating an anti-suit injunction in the Indian Courts in an issue that went to the Indian Supreme Court.

A major dispute arising out of claims that hundreds of millions of dollars were stolen from a publicly listed company based in Kazakhstan, involving proceedings before the courts in England, the U.S., Switzerland, and Cyprus.

A European manufacturing and engineering group, in a substantial fraud claim and a derivative action.

A number of bank entities in substantial litigation and various pre-action applications relating to FX trading, including obtaining judgment in our clients’ favor on an application relating to use of confidential documents and also obtaining an award of indemnity costs in our clients’ favor.

A leading European bank in a complex and substantial derivatives dispute against another leading European bank.

A leading European bank in a complex and substantial dispute against another leading European bank in relation to credit-linked notes.

One of the world’s leading banks in significant fraud cases involving the recovery of assets in numerous jurisdictions around the world.

A leading European bank in a fraud case arising out of a complex and high-value securitization transaction.

A leading identity company on disputes arising from a $100 million project to supply ID cards to Bangladesh, including Commercial Court proceedings against sub-contractors, litigation in other jurisdictions, and potential international arbitration proceedings.

A substantial London-seated ICC arbitration between two major technology hardware providers.

An LCIA arbitration between two emerging markets businesses involved in a substantial contractual dispute.

A substantial London-seated LCIA arbitration between two steel producers, raising allegations of competition law violations. 

Sunil also has extensive experience of assisting clients with litigation in courts around the world. Examples include:

• Former minority shareholders in an Indian payments company in litigation arising from the sale of the company, including defeating an attempt in the Madras High Court to halt English claims, a success upheld by the Supreme Court of India in a case that raised important cross-border issues.
• A creditor of, and investor in, entities and funds of the collapsed Dubai-based private equity group Abraaj, including contested insolvency proceedings in the Cayman Islands.
• A debtor of funds managed by a venture capital firm, including trial in the BVI courts raising U.S. sanctions issues.
• A leading identity company on disputes arising from a $100 million project to supply ID cards to Bangladesh, including Commercial Court proceedings against sub-contractors, litigation in other jurisdictions, and potential international arbitration proceedings.
• A leading European bank in disputes with a state-owned oil company concerning a commodities financing transaction relating to crude oil, including litigation in the South African courts and potential litigation in England and elsewhere.

Extensive experience of regulatory, enforcement, and criminal investigations and proceedings. Sunil has advised in relation to investigations by global regulators in Europe, the U.S., and Asia concerning the Foreign Exchange LIBOR, ISDAFIX, and other benchmark rates, raising allegations of competition violation.

Wide-ranging experience of investigations and proceedings by the FCA against institutions and individuals.

Significant experience of investigations by the Serious Fraud Office and other international law enforcers into bribery and corruption allegations, including the Serious Fraud Office’s investigation into Unaoil.

Interpretation issues, compliance, licensing, enforcement, litigation, and regulatory issues in relation to sanctions affecting Egypt, Iran, Libya, Syria, and the situation in Ukraine.

A number of leading cases in the EU and English courts challenging sanctions imposed against financial institutions and individuals.

Lobbying strategies for institutions in relation to sanctions at UN, EU, and national levels, including the U.S., UK, Ireland, The Netherlands, and various offshore jurisdictions.

Commercial disputes in which sanctions issues are raised as defenses.

Interpretation of sanctions laws and their impact on commercial arrangements, including regulatory issues arising from potential infringement.