Vasanti Selvaratnam KC

Vasanti’s International Commercial Arbitration practice covers a wide range of industry sectors and institutional rules. She is currently involved either as Counsel or Arbitrator in live arbitrations governed by ICC, LCIA, UNCITRAL, SIAC, LMAA and LOF Rules. She has a particular interest in Middle East, India and Asia related disputes and has a wide client base in those jurisdictions.

Recent cases include:

• a Dubai seated arbitration relating to ‘margin calls’ and regarding the duty of care owed by the bank in respect of the mitigation of losses due to hedging with implications regarding duty of care across the banking sector;
• Representing the claimant buyers in a dispute relating to the default of the sellers in delivering steel strips from Mexico to China;
• LOF claim making waves arising out of a ship sinking off Sri Lanka alleged to have caused extensive environmental damage.

An adept silk, recognised as one of the Top 24 Women in the world for shipping and commodities (allaboutshipping), Joint Head of Chambers, Vasanti Selvaratnam KC’s commodities practice spans the globe and continues to strengthen.

Recent cases include:

Multiple disputes regarding the current Russian sanctions and their implications on the commodities and shipping industries.

RTI Ltd v Cargill Ocean Transportation Singapore Pte Ltd and Cargill International SA – Issues as to applicability of sanctions used as defence to performance of contract of carriage

RTI v MUR (Supreme Court) – Multimillion dollar contract of affreightment arbitration concerning shipments of bauxite.

Vasanti’s shipping practice embraces all aspects of Maritime Law (both wet and dry). She is consistently rated for her advocacy skills and grasp of detail, particularly in technically complex cases, as well as for her user-friendly manner. In addition to her busy Counsel practice she also sits as an arbitrator under the rules of all the major arbitral institutions.

Recent cases include:

Supreme Court (permission to appeal granted 2023) RTI Ltd v MUR Shipping BV, an important case on the meaning of reasonable endeavours in a force majeure clause in the context of sanctions against Russia and currency of payment.

The Alexandra 1 (2021), the leading case in the Supreme Court on the scope of the Crossing Rule in the International Collision Regulations

FMG Sydney (2023): pending appeal to the Court of Appeal in a leading case on the Head-On Rule

Rubicon Vantage v KrisEnergy [2019] EWHC 2012 (Comm), the first reported case to consider a hybrid guarantee which is part “on demand” and part “see to it” and the role of the Marubeni principle in relation to construction of the scope of the “on-demand” portion of the guarantee

Vasanti Selvaratnam KC’s energy practice is buoyant. She is involved in a number of energy and natural resources matters as either counsel or arbitrator in the UK, Middle East and Singapore. She is active in a large number of sanctions related energy matters due to the ongoing conflict in Ukraine.

Recent cases include:

Dubai seated dispute relating to ‘margin calls’ and regarding the duty of care owed by the bank in respect of the mitigation of losses due to hedging. Whether trades for oil & gas futures should have been stopped by the bank and whether bank should have hedged it’s expose in relation to commodities.

Representing the claimant buyers in a dispute relating to the default of the sellers in delivering steel strips from Mexico to China.

Multimillion dollar contract of affreightment arbitration concerning shipments of bauxite.