Moeiz Farhan

Moeiz accepts instructions in all areas of commercial litigation and has been involved in numerous high value, complex and multi-jurisdictional disputes.

Recent work includes:

FDIC v Barclays Bank PLC (and others) [2020] EWHC 2001 (Ch): Acting for UBS in defence of a claim brought on behalf of 39 US banks for alleged breach of Article 101 TFEU.

Discovery Land Company LLC (and others) v Jirehouse (and others) [2019] EWHC 2249 (Ch): Acting for Discovery Land Company in civil fraud proceedings (including injunctive relief and committal proceedings) against a law firm and its senior partner.

Al Sadik v Investcorp Bank BSC [2018] UKPC 15: Successfully resisting an appeal to the Privy Council on behalf of Investcorp Bank PSC in proceedings concerning a hedge fund investment. Also acted in related proceedings in the Cayman Islands for an anti-suit injunction.

Advising on state immunity issues arising out of the potential enforcement of a US court judgment in the UK.

Monde Petroleum SA v WesternZagros Limited [2016] EWHC 1472 (Comm): Acting for WesternZagros in High Court proceedings concerning fraudulent misrepresentation and duress arising out of the termination of a consultancy agreement.

PT Transportasi Gas Indonesia v ConocoPhillips (Grissik) Ltd [2016] EWHC 2834 (Comm): Acting for ConocoPhillips in its successful defence of a s 68 challenge to an arbitral award.

Montvale Invest Ltd v Terra Raf Trans Traiding Ltd [2015] EWHC 3710 (Ch): Acting for Terra Raf Trans Traiding in defence of contractual and equitable claims brought by the liquidator of a BVI company.

JSC Mezhdunarodniy Promyshlenniy Bank (and others) v Pugachev [2016] EWHC 192 (Ch): Acting for a high-net-worth individual in defence of a claim alleging misappropriation of assets (including injunctive relief and committal proceedings).

Moeiz has extensive experience of international commercial arbitration (institutional and ad hoc) as well as investment treaty arbitration.

Recent work includes:

Acting on behalf of a State in a multi-billion dollar commercial arbitration relating to a key piece of railway infrastructure (UNCITRAL/Singapore).

Acting on behalf of a major international contractor in billion dollar ICC proceedings against a Middle Eastern state arising from an airport project.

Acting for a leading private equity firm in an LCIA arbitration relating to alleged breach of warranties in a share purchase agreement.

Uniper SE, Uniper Benelux Holding B.V. and Uniper Benelux N.V. v. Kingdom of the Netherlands (ICSID Case No. ARB/21/22): Advised Uniper in relation to its claim under the ECT against The Netherlands.

Agility Public Warehousing Company K.S.C. v. Republic of Iraq (ICSID Case No. ARB/17/7): Acted for Agility in an ICSID arbitration against Iraq under the Kuwait-Iraq BIT.

Moeiz has extensive experience across a range of dry and wet shipping matters and has undertaken secondments with specialist shipping law firms.

Recent work includes:

Advising in relation to a claim for cargo damage by charterers/bill of lading holders under a charterparty on the ASBATANKVOY form.

Advising and drafting reply submissions in relation to an off hire claim (responsibility for crane damage).

Advising and drafting claim submissions in relation to a claim for unpaid hire, an indemnity against losses flowing from the issuance of unauthorised bills of lading, and third-party claims flowing from the legitimate exercise of Owners’ lien.

Advising and drafting claim submissions in relation to a claim for detention/indemnity under a liner booking note.

Advising in relation to a potential claim for detention/demurrage (undisclosed principal; fraudulent bill of lading).

Advising in relation to underperformance claim and Owners’ entitlement to suspend performance under charterparty.

Advising in relation to privilege issues relating to documents generated by experts appointed by a Club.

Advising in relation to a potential claim regarding loss suffered during cargo-handling operations.

Advising on a potential claim (allocation of risk under a seaway bill).

Advising on a claim for demurrage/damages (time bar; laytime calculations; cause of delay; delays after completion of discharge).

Advising on merits of suspension of performance/withdrawal in an unpaid hire dispute.

Advising and drafting claim submissions, reply submissions and surrejoinder submissions in a claim for damages flowing from a shortfall in bunkers on redelivery.

Advising on drafting of settlement agreement in relation to a demurrage dispute.

Moeiz has extensive experience in international trade and commodities disputes.

Recent work includes:

Acting for a commodities trading company in resisting section 68 and 69 challenges to a trilogy of FOSFA arbitration awards. Led by Vasanti Selvaratnam KC.

Acting for a leading Indian conglomerate in defending a GAFTA arbitration claim for short delivery, demurrage and dead freight. Led by Vasanti Selvaratnam KC.

Advising on limitation issues in relation to a potential quality/condition claim under the FOSFA Rules.

Advising and drafting pre-action correspondence in relation to quality claims regarding the purchase of aluminium scrap.

Acting for a leading commodities trading company in an HKIAC arbitration against a state-owned enterprise. Led by Ali Malek KC, Peter de Verneuil Smith KC, and Penny Madden KC, with Judy Fu.