Zaiwalla & Co

Specialist areas

Commercial Dispute Resolution Marine and International Trade Commercial Litigation

Senior Solicitor

Saurabh is a dual qualified lawyer (England & India) with over fifteen years’ experience in representing clients in relation to their commercial disputes with particular interest in aviation, international trade, and commercial disputes that contain a cross-border element. Saurabh has recently advised clients on the UK sanctions involving Russia and general guidance on sanctions regulations.

Cases

Advising clients on matters related to the Russia (Sanctions) (EU Exit) Regulations 2019 including preparation of licenses for submission to OFSI. Acting for a Middle Eastern company to recover US$16.5 million which has been wrongfully withheld by a UK based independent futures brokerage and clearing firm alleging that their contractual obligations are suspended until the company remains sanctioned by the US Department of the Treasury, Office of Foreign Assets Control.

 

Advising a U.A.E based company in recovering US$5 million which has been wrongfully withheld by a Singapore based derivatives trading firms. The funds were blocked on the basis that our client was sanctioned by the Office of Foreign Assets Control.

 

Acting for an Indian FMCG client in respect of two separate appeals filed against four GAFTA arbitrations awards in a total value of over US$9 million. Acting for an Indian trader in respect of its section 69 appeal against two GAFTA awards in relation to the quantification of damages under sub-clause (c) of the GAFTA Default Clause for non-acceptance of goods by the buyer.

 

Representing an airline in its appeal against HMRC’s decision to issue a demand notice in sum of approximately GBP1.6 million for alleged non-compliance with the Inward Processing regime while importing aircraft engines and spare parts into the UK for repairs.  Represented a Dubai based media house in a LCIA governed arbitration matter against an African state broadcasting corporation for the breach of a joint venture agreement signed in respect of developing and introducing digital terrestrial television in the state. The damages claimed by the client are in the region of US$400 million. Acted for a Qatari Respondent in a US$20 million insurance and reinsurance arbitration claim brought by a Caribbean registered insurance and reinsurance company. Advised our client (the Lessee) in respect of an ICC arbitration commenced by the Lessor in relation to two aircraft lease agreements and a settlement agreement entered into between the parties. The Lessor alleged that four engines were redelivered with delay due to force majeure event relating to the COVID-19 pandemic. Acted for two major airlines in relation to substantial leasing disputes over unpaid rents, engine maintenance reserves and aircraft redelivery arising out of the Covid-19 pandemic.

 

Advised a Singaporean company in a multi-million dollar LMAA arbitration claim, seated in London, from the liquidators of a former P&I club in respect of the alleged non-payment of the premium calls and other contributions purportedly owed to the club. Acted for one of India’s biggest conglomerates, who operate a diversified business in sectors such as hotel consumer goods and commodities, in a GAFTA arbitration valued at approximately US$10 million.

 

Acted in a large, and high profile fraud claim brought by the Angolan Minister of Finance against 8 defendants in the Commercial Court alleging that the defendants have conspired to defraud the Central Bank of Angola in excess of US$500 million. The claim was ultimately settled between the parties.  

 

Represented the second largest private bank in India against a Belgium-based diamond trading business with regards to worldwide freezing orders obtained against six defendants in the total value of a US$8 million which represent the debt owed to the client bank.

Specialist areas

Sanctions Commercial Dispute Resolution Marine and International Trade Aviation

• English • Hindi (fluent) • Punjabi (spoken only)

Indian Bar Council Society of Asian Lawyers Indian Maritime Association Grain & Feed Trade Association

B.S.L. (Symbiosis Law School, India) LL.B.  (Symbiosis Law School, India) LL.M. (University of Warwick, England)