Vasanti Selvaratnam KC

Practice Areas

Vasanti Selvaratnam KC is a senior Silk practising as Counsel and International Arbitrator within 36 Stone and was joint head of Chambers of The 36 Group until stepping down in 2023.

Her practice embraces all aspects of international commercial litigation and arbitration, including shipping (wet, dry and shipbuilding), commodities, banking and finance, conflict of law and jurisdiction disputes, all forms of interim urgent relief, including freezing orders and anti-suit injunctions, and civil fraud. She is particularly noted for her user friendly hands-on approach to cases and for her ability quickly to get to grips with disputes raising complex factual and technical issues which require a sound grasp of expert evidence and mastery of detail.

She was shortlisted as Shipping Silk of the year 2022 at the Chambers UK Bar Awards and is shortlisted by Legal 500 as Shipping Silk of the year 2023.

Career

Called 1983 Middle Temple; Recorder 2000-2018; Queen’s Counsel 2001. Bencher of Middle Temple. Joint Head of The 36 Group 2019.

Professional Memberships

ICC Member

COMBAR

Chancery Bar Association

LCLBA

BMLA

LMAA supporting member

LCIA

SIAC Panel arbitrator

SCMA Panel arbitrator

HKIAC Panel arbitrator

BICAM Panel Arbitrator

IBA

London Shipping Law Centre (Head of education sub-committee)

European Circuit

Bar European Group

Law Society European Group

Institute of Advanced Legal Studies

ICC’s Banking and Finance committee

ICCA

Personal

Her expertise was acknowledged again when she was announced as the highest ranked member of the UK Bar to feature in ‘All About Shipping’s Top 100 women in shipping for 2019’; a list of remarkable women who have substantially contributed to the international maritime industry over the years.

Industry Sector Expertise

As Counsel

Clients include the major P&I clubs, shipowners, charterers and salvors as well as large commercial organisations involved in commercial court litigation or international commercial arbitration in non-shipping matters, including financial sector and pharmaceutical disputes

As Arbitrator:

Vasanti Selvaratnam KC has significant experience of dispute resolution in both a judicial and quasi-judicial capacity. She was appointed a Recorder in 1999, is an accredited mediator, and receives regular appointments to act as an arbitrator across a wide range of industry sectors, including but not limited to shipping and international trade disputes.

She accepts appointments under all the major industry rules, including LCIA, ICC, LMAA, LOF, SCMA, SIAC, HKIAC and UNCITRAL and has particular expertise in cases raising complex technical issues as well as novel or difficult points on assessment of damages.

Languages Spoken

Working knowledge French.

Work Highlights

As Counsel

Supreme Court (permission to appeal granted) 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

Pending appeal to the Court of Appeal in FMG SYDNEY (2023) in first appellate case to consider the Head-On Rule (COLREGS Rule 14) and its relationship to the crossing rule (COLREGS Rule 15)

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

As Arbitrator

Chair of an ICC Panel relating to contractual disputes governed by Iraq law concerning removal of unexploded materials at Basrah port.

Chair of an LMAA Tribunal in a shipbuilding dispute

Chair of an LCIA Panel in a commodities dispute

Numerous LOF appointments by Lloyds Salvage Arbitration Branch, including an ongoing matter which involves the largest LOF fund since records began.

Experience

International Arbitration

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.

International Trade, Commodities and Trade Finance

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.

Shipping, Wet & Dry

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

Energy & Natural Resources

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.