Shivani Sanghi

I have 15 years' experience in creatively and strategically resolving complex, high-value, multi stakeholder and cross-border International Arbitrations and Litigations, working with clients across multiple jurisdictions including India, UK, Russia, British Virgin Islands, Cayman Islands, Luxembourg, Cyprus, Bulgaria, and the Balkan region. I have significant experience in Emergency Arbitrations, and in matters involving fraud, conspiracy, and world-wide freezing injunctions.

I act for corporates and high-net worth individuals in a variety of sectors, including media, hotels, energy, telecoms, banking, private equity, pharma, and software technology, and have represented clients in many high-profile cases before the English courts, including the Court of Appeal and the UK Supreme Court.  I have also acted for clients in complex high-stake arbitrations, under the rules of various arbitration institutions such as the ICC, LCIA, SCC and SIAC, in venues around the world, as well as on investor state arbitrations.

Growing up in India, I  previously practiced as an Advocate in Delhi at specialist Indian disputes law firm Sanghi & Co and have experience of the Indian courts including the Indian Supreme Court and the Delhi High Court. During my time in India, I advised Indian corporates on matters including cross-border disputes involving multi-party arbitration and high-stake contractual disputes involving anti-suit injunctions, challenges to foreign arbitral awards and other aspects of private international law.

I was previously part of the commercial litigation and arbitration teams at King & Wood Mallesons (formerly SJ Berwin), Fried Frank and Covington & Burling in London.

Being of Indian origin, I am fluent in Hindi and English.

Representative matters

International Arbitration

• Representing 7 major hotel management companies in 7 concurrent emergency arbitrations (under the ICC and SCC Rules) against a major leading international hotel group in dispute arising under sub-license agreements.
• Acting for Indian investors, in an USD 240 million investment treaty arbitration claim under the India-North Macedonia Bilateral Investment Treaty, against the Republic of North Macedonia, in relation to the alleged expropriation of the Binani's mining concessions to mine lead and zinc and their reassignment to another company at a significant undervalue by an allegedly sham auction.
• Representing a leading European media company formerly owned by Warner Media in a London-seated LCIA arbitration against a leading multi-play telecom and media provider, in a dispute involving payment of termination fee for a failed EUR 230 million media transaction. The case resulted in a successful award of 100% of the amount in claim along with 90% of the legal costs.
• Representing “supermajor” French multinational oil and gas company Total in a USD 4 billion ad hoc arbitration brought by a Malawi company under a fuel supply agreement, including obtaining a stay of related Malawi court proceedings.
• Representing a high net-worth entrepreneur in a US$2 billion LCIA arbitration in a shareholder dispute over a valuable social network company in Russia concerning a breach of the right of first refusal.
• Acting for an Indian Energy Solution Conglomerate to bring a USD 50 million claim, under the SIAC Rules, against a publicly traded Australian metals company operating in the lithium battery and Vanadium recovery industries, involving breaches of certain agreements entered between the parties for setting up a joint venture for the purpose of developing and operating a first-of-its-kind lithium refinery in India.
• Representing a Bulgarian technology company in a USD 330 million ICC arbitration against a Guernsey company in a dispute involving alleged breaches of the terms of an Equity Swap Transaction governed by the ISDA 2002 Master Agreement in relation to shares in major Bulgarian telecom company Vivacom.
• Representing a UAE company against a Macedonian company in a LCIA Arbitration involving a claim for recession of contract governed by English law regarding provision of Ferronickel ores.
• Advising a Cypriot holding company of a major Russian clothing retailer in relation to a USD 30 million London-seated LCIA arbitration in a dispute with a BVI company relating to repayment of monies provided under various multi-party loan agreements, that involved issues of Cypriot law and BVI law, and related proceedings in Cyprus and BVI.
• Advising a global biopharmaceutical company in relation to a potential arbitration against a UK based developer and manufacturer of biopharmaceutical therapeutics and vaccines in a dispute arising under a Royalty Bearing License and Supply agreement relating to Asparaginase, a drug to treat leukemia.

Commercial Litigation

• Representing directors of major Pakistani electricity company Karachi Electric Supply Power in various proceedings before the English High Court, English Court of Appeal and the Cayman Grand Court in relation to a contractual and shareholder dispute
• Representing the Defendants on the landmark case VTB v Nutritek in the English High Court, Court of Appeal, the UK Supreme Court and in the BVI High Court in dismissing appeals brought by VTB for maintaining the English court jurisdiction, continuing a Worldwide Freezing Order (WFO) and permitting lifting of the corporate veil to exercise jurisdiction over foreign respondents.
• Representing a high net-worth tech entrepreneur in a dispute involving ownership, corporate governance and intellectual property relating to the largest social network company in Russia VK.com and messaging application Telegram, in proceedings in the BVI, New York and a LCIA arbitration, and subsequently acting for the client in a world-wide settlement.
• Representing the 43% shareholder in major Bulgarian telecom company Vivacom in the English High Court in a dispute against VTB Bank to set aside a fraudulent and undervalue sale of Vivacom by VTB or claim EUR 150 million in damages.
• Representing Sberbank in the English High Court in a successful challenge of an application by the Bank of Azerbaijan seeking a permanent moratorium against creditor action by Sberbank in England under an English law governed debt, resulting in a landmark ruling affirming the application of the ‘Gibbs Principle’ over the Cross Border Insolvency Regulations.
• Representing a former Russian senator in the English High Court in a 6-day hearing, seeking to discharge a US$1+ billion freezing order obtained by a Russian state agency
• Representing the former owner of a Russian granite mining business in proceedings in Nicosia, Cyprus against a Cypriot affiliate of a Russian Bank involving allegations of fraud, conspiracy and raiding.
• Advising a leading alternative investment firm in seeking approval from the Indian Supreme Court for its investment in a major Indian energy and infrastructure group that was subject to freezing orders.
• Advising a UK company engaged in providing parking services to various airports in relation to a dispute, arising from the disputed validity of a joint venture agreement.
• Advising an international financing and partnership organisation based in Switzerland, The Global Fund, in relation to a US$ 55 million claim in the English High Court by a UK company, Limited in a dispute involving allegations of breach of confidentiality and misappropriation of proprietary information for development of a procurement platform for healthcare products.

Legal Recognitions And Coverage In The Legal Press

• Described by peers in Global Arbitration Review (GAR) as a 'terrific, tenacious and creative problem solver with significant experience of complex commercial arbitration' and as a 'fabulous lawyer who has a pretty unique skill set, equally adept acting for blue chip corporates as she is for high-net-worth individuals across a range of geographies, sectors and forums'
• Recognized by Legal 500 as “excellent future star” in the commercial litigation category
• Recognized by Global Woman Leader Magazine as “Top 10 Indian Women Leaders from UK”
• Covered by Global Arbitration Review (GAR): Fieldfisher hires partner for new India practice - Global Arbitration Review
• Recognised in Law Asia: Fieldfisher hires India head, litigation partner | India Business Law Journal
• Covered by Bar and Bench: Shivani Sanghi joins Fieldfisher as a partner and head of India practice (barandbench.com)
• Named in The Lawyer for involvement in the ‘Russian Facebook/VK.com’ dispute: https://www.thelawyer.com/issues/online-september-2014/russias-facebook-1-5bn-deal-ends-long-running-litigation/
• Named in The Lawyer for the landmark ‘VTB v Nutritek’ case: Court of Appeal in key corporate veil ruling - The Lawyer | Legal insight, benchmarking data and jobs
• Covered in The Lawyer for involvement in the Case of the Week: https://www.thelawyer.com/issues/16-july-2012/case-of-the-week-civil-procedure/
• Law360 for contributing comments on Litigation Funding https://www.law360.co.uk/financial-services-uk/articles/1289211/reforms-abroad-for-litigation-funders-raise-questions-in-uk?editor_picks=1

Speaking Engagements:

• Panel Speaker at Asian European Arbitration Centre & European Chinese Arbitrators Association Conference in Dusseldorf in Nov 2023 on 'Enforcement of Arbitration Awards in Asia'
• Panel Speaker at Paris Arbitration Week in Paris in March 2023 on 'Arbitrating in Asia - Common Law vs. Civil Law'
• Panel Speaker at American Bar Association India Conference in Delhi in March 2023 on 'Resolving M&A and Shareholder Disputes'
• Panel Speaker at 4^th Annual India Dispute conference in London in November 2022 on 'Third Party Litigation Funding'
• Panel Speaker at the ThoughtLeaders4 Disputes | TL4D - India Dispute Resolution Forum in London in June 2022 on “Using foreign courts and tribunals to resolve Indian Disputes'
• Speaker at Global Arbitration Review (GAR) Debate in February 2022 on 'The house believes there is due process paranoia in international arbitration'
• Panel Speaker at ICC Arbitration Conference 2019 in Mumbai in December 2019 on ‘Issues relating to Emergency Arbitrators and Emergency Arbitration Awards’
• Panel Speaker at ICC YAF Global Conference 2019 in London, UK in June 2019 on ‘Diversity in International Arbitration’
• Panel Speaker at ICC Arbitration Conference 2018 in April 2018 on ‘Evidence in International Commercial Arbitrations’

Publications:

• Contributing Editor, International Comparative Legal Guide (ICLG) to Enforcement of Foreign Judgments 2021: England & Wales Chapter
• Contributing Editor, ICLG Enforcement of Foreign Judgments 2021: Expert Chapter on ‘Beyond Brexit: Recognition and Enforcement of Judgments Between the UK and the EU’
• Contributing Editor, ICLG Enforcement of Foreign Judgments 2020: Expert Chapter on ‘Enforcement Under the Hague Choice of Court Convention’
• Contributing Editor, ICLG Enforcement of Foreign Judgments 2020: England & Wales