Gagan is a commercial disputes lawyer with experience in all aspects of dispute resolution including litigation, international arbitration (both institutional and ad hoc), and ADR. He acts for large multinational conglomerates and corporations, HNWIs, and SMEs, operating across a broad range of industry sectors. Gagan has also advised a number of the largest global law firms and barristers chambers on the legal issues that they face. The majority of Gagan’s work is international, with a particular focus on India and the Middle East.
Gagan has particular expertise in international arbitration, and has handled cases under the auspices of a number of arbitral rules and procedures including LCIA, ICC, ICSID, UNCITRAL, LMAA, RSA, and GAFTA.
Gagan is a member of the LCIA European Users’ Council, the London Maritime Arbitrators Association, and the London Solicitors Litigation Association.
Examples of Gagan’s work include:
Projects and Infrastructure
- Advised an Indian company in a dispute worth US$250m with the Governorate of Basra, Iraq, and several international financial institutions, arising out of a contract for a major infrastructure project and associated performance bonds and letters of credit. The dispute involved parallel proceedings in London, Iraq and India.
- Advised a major Indian conglomerate involved in a US$100m dispute with an Egyptian state-owned entity in relation to a joint venture for an acrylic fibre plant. Issues included the scope of the arbitration clause and whether Egyptian proceedings had been brought in breach thereof, and the potential to obtain relief from the English courts to restrain those proceedings.
- Advised an Indian company in relation to various issues arising out of a joint venture with UAE and US partners for the construction and development of an aluminium mine in West Africa.
Professional Services
- Acting for a high profile, high net worth individual from the UAE on a US$100 million commercial court claim for professional negligence against his former legal team comprising two major international law firms, a leading KC and a Junior. The claim arises out of the legal team’s conduct of well-publicised hedge fund litigation in the Cayman Islands and several other jurisdictions, and involves complex issues of limitation, conflict of laws, and causation/quantum (Riad Tawfiq Al Sadik v Clyde & Co and Ors [2024] EWHC 818 (Comm)).
- Acted for a major US law firm facing a professional negligence claim of US$25min the Commercial Court, arising out of the acquisition of a Slovak company.
- Acting for a UAE investor in relation to a claim for professional negligence against a major international law firm arising out of the firm’s handling of a transaction involving the sale by our client of shares in a DMCC company to a UK entity in return for which our client was granted a floating charge over the UK company’s assets. The claim is for losses sustained by our client following challenges to the validity of his security by other creditors after the UK company was placed into administration.
- Acted for a major set of barristers’ chambers in relation to an arbitration claim against a former member.
- Acted for a major US law firm facing a £5m claim for professional negligence arising out of instructions in relation to JV/development agreements for the purchase, development and sale of various residential and commercial sites.
- Acted for the claimant in a £1.5m professional negligence claim against its former lawyers in relation to advice on potential tax liability on an offshore restructuring scheme.
Technology
- Acted for the claimant, a UAE company, in a multimillion-dollar dispute in LCIA arbitration arising out of a Licensing Agreement relating to an Internet-based platform for the buying and selling of goods in the mining,metals and other natural resources industries. The claim involved an application pursuant to s. 44 of the Arbitration Act 1996 to the High Court, and subsequently to the Court of Appeal, resulting in a landmark judgment regarding the impact of limitation and exclusion clauses on the ability to obtain injunctive relief (AB v CD [2014] EWCA Civ 229).
- Acted for the claimant in a multi million-pound dispute in the Chancery Division of the High Court concerning intellectual property rights and allegations of breach of confidence in software underpinning various trading platforms(Martin John Coward v (1) Phaestos Ltd (2) Mindimaxnox LLP (3) Ikos CifLtd (4) Ikos Asset Management Ltd [2013] EWHC 1292 (Ch)).
- Acted for the claimant, an Indian software company, in proceedings in the Technology & Construction Court relating to the sale of a subsidiary company specialising in legal outsourcing software.
Financial Services
- Acted for an individual seeking to challenge arbitral awards arising out of a coverage dispute between our client and his former insurers which was referred to arbitration pursuant to the Minimum Terms of the Institute of Chartered Accountants in England and Wales.
- Acted for the defendant, the English subsidiary of a major Japanese insurance group, in a multi million-pound dispute arising out of a success fee agreement for the settlement of arbitration proceedings. The case involved complex issues of privilege and confidentiality.
- Acted for a Kuwaiti claimant in a US$1.375m advance fee fraud dispute with a Nigerian bank in the High Court, on appeal to the Court of Appeal(Abou-Rahmah & Another v Abacha & Others [2006] EWCA Civ 1492), and upon petition for leave to appeal to the House of Lords. The issues involved in this landmark case included dishonest assistance (including the correct test for dishonesty), money laundering duties of a bank, restitution, negligence, duties of care owed by banks to third parties, illegality, and resulting/quistclose trusts.
- Advising the former COO of a large Dubai based inter-dealer brokerage company in a dispute with his former employer, its Guernsey registered parent company, and the CEO. The case involved complex issues of quantum, cross-border employment (including whistleblowing), company and data protection law as well as conflict of laws (engaging DIFC, English and Guernsey law).
International Trade & Commodities
- Acted for an Indian company in a US$3m dispute with a major European bank in the Commercial Court arising out of contracts and associated credit facilities for the sale of various petrochemical cargoes.
- Acted for the defendant, an Indian company, in a claim in the Commercial Court for damages of US$2.5m arising out of a contract for the sale of methanol(Kolmar Group AG v Traxpo Enterprises PVT Limited [2010] EWHC 113 (Comm)).
- Acted in a Refined Sugar Association arbitration for an Indian company involved in a dispute with the English subsidiary of a major US conglomerate for US$7.5m.
- Acted in a GAFTA arbitration for the UAE subsidiary of a large Indian conglomerate involved in a dispute with a Pakistani company arising out of a contract for the sale of various quantities of rice.
Shipping
- Acted for the UAE subsidiary of an Indian company in a multimillion-dollar LMAA arbitration against Japanese shipowners arising out of the delayed delivery of a cargo of mixed xylene, which included an application by the Defendant pursuant to s. 30 of the Arbitration Act 1996.
- Acted for UAE and Indian companies in concurrent LMAA arbitrations concerning claims for demurrage and cargo contamination arising out of a charterparty and bills of lading for the delivery of a cargo of phenol.
- Acted for the Claimant disponent owners in an indemnity claim in LMAA arbitration against sub-charterers under an NYPE time charter to recover losses incurred by the vessel’s owners, and in conjunction with a law firm in New York in respect of related Rule B proceedings.
- Acted for Korean shipowners in a claim by charterers in LMAA arbitration for loss/shortage/wet damage to a cargo of bagged rice under a Continental Grain Voyage Charterparty.
- Acted for Chinese shipowners defending a claim by charterers for damage arising from the alleged chlorine contamination of a cargo of methanol under an Asbatankvoy Voyage Charterparty.
- Advised Korean shipowners in a dispute with charterers for damages amounting to US$620,000 for early re delivery of vessel under time charter, including advice on methods available to secure claim.
- Advised owners in dispute with charterers in a claim under NYPE time charter arising out of the computation of off-hire for (i) loss of speed (ii) time lost due to dry docking for the purposes of carrying out a joint survey.
- Advised a major German shipowner involved in a claim by chandlers for unpaid invoices incurred during the employ of five vessels under bareboat charters (barecon 2001).
Shipbuilding/Ship Sale and Purchase
- Acted for French shipowners in a dispute with an Indian shipyard in London arbitration concerning owners’ rights to cancel five shipbuilding contracts for the construction of DWT bulk carriers for anticipatory repudiatory breach of contract, and to make demands under associated refund guarantees. Case involved successfully opposing the yard’s application for an injunction to restrain owners’ claims under refund guarantees.
- Acted for Panamanian shipowners in a dispute in a London arbitration with Panamanian and Monegasque companies arising out of memoranda of agreement on the Norwegian Sale Form for the sale of five vessels, and against a Belgian bank in relation to demands under refund guarantees. Worked closely with Belgian and Monegasque lawyers in relation to parallel proceedings within those jurisdictions.
- Acted for French shipowners in a dispute with a Greek company arising out of memoranda of agreement on the Norwegian Sale Form for the sale of five handymax carriers. Liaised with local lawyers in relation to vessel arrest in China.
- Acted for German shipowners in a dispute with a Chinese yard arising out of contracts for the construction and sale of three self-unloading barges.Worked closely in conjunction with lawyers in Shanghai in relation to issues of ROC law, and also with a major German bank in relation to the preparation of bank guarantees.
Other
- Acting for a large Indian pharmaceuticals company involved in a multimillion dollar dispute in SIAC arbitration with Russian entities arising out of contracts for the licensing and manufacture of the Sputnik covid vaccine.
- Acted for the claimant, a major supplier of dairy products, in the Commercial Court and on appeal to the Court of Appeal, in a dispute worth £15m arising out of three agreements whereby the defendant agreed to provide warehouse services to the claimant. The case involved complex issues of construction, accounting and quantum. Interlocutories included an application for an interim payment of £10.1m (St Ivel Ltd v Wincanton Group Ltd [2007] EWHC 2906 (Comm)).
- Acted for a major international energy company in relation to various claims under the Commercial Agents Regulations, arising out of agency contracts for DTD energy sales.
- Acted for an Indian conglomerate in a multi million-dollar commercial fraud claim in the Chancery Division of the High Court, which included a successful application for a worldwide freezing order against the defendant’s assets and multi jurisdictional asset tracing, working closely in conjunction with private investigators and the City of London Police’s Economic Crime Unit.
- Acted for majority shareholders facing an action in the Companies Court for unfair prejudice, breach of duty and breach of contract brought by the minority shareholder and former director of a company which was in the business of providing pension trustee services and pensions advice.
- Acted for the UAE subsidiary of a large Indian conglomerate in a US$1m ICC arbitration arising out of two contracts for the design, engineering, fabrication and supply of the first and second trains of a two-staged esalter package.
- Advised an Indian company involved in a product liability dispute with German and English companies arising out of the supply of defective aluminium extrusions. Issues included conflict of laws, claims in contract and tort, and statutory claims.
- Advised directors of a company in administration facing claims of £5.6m for breach of statutory duty.
- Acted for a Russian company in a dispute in the High Court (Queen’s Bench Division) in respect of the interest payable on an arbitration award.
- Acted for a major NHS Foundation Trust defending proceedings in the Mercantile Division of the High Court.