Twenty Essex

Arbitration; Banking and finance; Commercial law; Energy and natural resources; Insurance and reinsurance; Private international law; Public international law and human rights; Shipping and commodities

Sudhanshu practices arbitration, commercial and public international law. He has acted in leading and landmark cases across his areas of practice.

Sudhanshu’s commercial practice encompasses shipping, international trade, energy, natural resources, banking and insurance and sanctions. He has particular experience of group and tort claims against multinational corporations, having acted in several of the important English cases. His work often involves  challenges to jurisdiction, enforcement and applications for freezing orders and other urgent relief.

His public international practice has included some of the leading cases of recent times, both in the English courts and in international courts and tribunals. His practice includes investment treaties, immunities, foreign act of state, law of the sea, international environmental law and human rights. His investment treaty work involves acting for states and Investors, in arbitration and in related court proceedings.

Drawing on his background in public international and commercial law, Sudhanshu has developed expertise in climate change. He has been acting in two of the international test cases (see “Recent work” below), which have attracted worldwide media coverage. He has also lectured extensively on climate change law, both in relation to states and corporations.

Sudhanshu has been recognised as one of The Lawyer magazine’s “Hot 100” lawyers and is described as “A superb strategist and technician, one to keep on speed-dial for important cases” (The Legal 500 UK Bar 2020).

Sudhanshu accepts appointments as an arbitrator.

Recent work includes:

• Challenge to enforcement of investment treaty arbitration award – acting in the English courts for the State, with related proceedings in several countries.
• Challenge to jurisdiction in relation to an investment treaty award – acting in the English courts for the State.
• Euro Asian SA v Credit Suisse AG and Abilo – dispute about oil trading under cif contracts, letters of indemnity and alleged fraud, acting in the Commercial Court and the Court of Appeal for Euro-Asian.
• Re Al M – high-profile proceedings concerning the children of His Highness Sheikh Mohammed bin Rashid Al Maktoum and Her Royal Highness Princess Haya bint Al Hussein, acting in the English courts on the issues of international law, including immunity and foreign act of state.
• The Enrica Lexie Incident, Italy v India – landmark law of the sea dispute, acting in the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration for Italy.
• Duarte Agostinho v Portugal and others – the first case on climate change in the European Court of Human Rights (now in the Grand Chamber), acting for the United Kingdom.
• Torres Strait Islanders v Australia – complaint about Australia’s failure to protect the islands from rising sea levels caused by climate change, acting in the United Nations Human Rights Committee.
• Reyes v Al-Malki – a leading case on diplomatic immunity and human trafficking, Supreme Court
• R v Reeves Taylor – a leading case on the meaning of “torture” under international law, Supreme Court.
• Freedom and Justice Party v FCO – a leading case on immunity and customary international law, Court of Appeal.

https://www.twentyessex.com/people/sudhanshu-swaroop/

French (proficient)