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I have extensive experience in creatively and strategically resolving complex, high-value 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.

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.

Having qualified in 2009 in India, I was previously part of the commercial litigation and arbitration teams at King & Wood Mallesons (formerly SJ Berwin), Fried Frank and Covington & Burling.

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

 
Representative matters
 
International Arbitration

  • Representing several Russian hotel management companies in 7 concurrent emergency arbitrations before the ICC and Stockholm Chamber of Commerce (SCC) against a leading international hotel group in a dispute arising under various sub-license agreements.
  • 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 Russian entrepreneur in a USD 2 billion LCIA arbitration in a shareholder dispute over valuable Russian social network company VKontakte concerning a breach of the right of first refusal.
  • 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 Russian subsidiary of a major American industrial corporation in a LCIA arbitration against a Russian subsidiary of a multinational packaging company in a contractual dispute relating to a revised USD:RUB exchange rate following the substantial depreciation of the Ruble against the Dollar.
  • 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 the defendants in VTB v Nutritek before the English High Court in a USD 330 million claim by VTB for inducement into a loan facility by fraudulent misrepresentation that resulted in a successful challenge of the English Court’s jurisdiction and a discharge of the Worldwide Freezing Order.
  • Representing for respondents in the landmark case of VTB v Nutritek before the Court of Appeal the UK Supreme Court leading to a successful dismissal of VTB’s appeals to maintain the English Court’s jurisdiction, continue a WFO and lift the corporate veil to exercise jurisdiction over the foreign respondents.  Also representing the same clients in a successful jurisdiction challenge in BVI High Court proceedings brought after dismissal of the English proceedings.
  • 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 high net-worth tech entrepreneur in a dispute involving ownership, corporate governance and intellectual property relating to the largest social network company in Russia VKontakte and messaging application Telegram, in proceedings in the BVI, New York and a LCIA arbitration that led to a world-wide settlement with Mail.ru acquiring 100% equity in VKontakte after buying United Capital Partner’s 48% share for USD 1.5 billion.
  • Representing a former Russian senator in the English High Court in a 6-day hearing, seeking to discharge a USD 1+ billion freezing order obtained by a Russian state agency.
  • Representing the former owner of a Siberian agricultural business in the English High Court, resisting enforcement of over 20 Russian judgments alleged to have been obtained as part of a 'raid' against the business.
  • 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 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.

Mentioned in:

Speaking Engagements:

• Panel Speaker at ICC India Arbitration Conference 2019 in Mumbai, India in December 2019 on ‘Issues relating to Emergency Arbitrators and EA Decisions’
• Panel Speaker at ICC YAF Global Conference 2019 in London, UK in June 2019 on ‘Diversity in International Arbitration
• Panel Speaker at ICC India Arbitration Conference 2018, in April 2018 on ‘Evidence in International Commercial Arbitrations (Invited) in Delhi, India on ‘Expert Evidence in International 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

What others say…

“Excellent future star” in the commercial litigation category.

Legal 500

Shivani is terrific; she is a tenacious and creative problem solver with significant experience of complex commercial arbitration.

Justin Michaelson

Shivani is 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.

Tom Sprange QC

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