Kamal Mukhi

Kamal advises on international commercial litigation and arbitration, commodities disputes, sanctions, shareholder and joint venture issues, committal applications, and cross-border enforcement of awards, including freezing orders and complex contract claims.

• Advised and represented clients in a large number of commodities disputes arising under contracts with clauses providing for arbitration pursuant to the rules of GAFTA, FOSFA, LMAA, Sugar Association of London, the Nuts Association, the International Cotton Association, the British Coffee Association, the ICC and the LCIA.
• Acted in relation to disputes involving the finality of interim awards under the BCA rules.
• Worldwide freezing injunctions as both interim and enforcement measures, including pursuant to the Chabra jurisdiction against shell entities related to the main defendant used to park away assets.
• Acted in a litigation which established the leading precedent on time bar for the enforcement of awards in England.
• Trade finance including price fixing with reference to futures and options, bills of exchange and documentary credit issues, and impact of hedging measures on claims for damages.
• Advised on collateral management agreements relating to supply and financing.
• Advising regularly in relation to sanctions, including those involving Iran, Russia, Ukraine and North Korea.
• Acted in the first reported case concerning the Iranian sanctions and a sanctioned Iranian bank in London under a facility granted before the sanctions came into effect.
• Advised in relation to the Bribery Act.
• Acted in a cross-border dispute involving the breakdown of a joint venture in the twinblade grooming business and claims of approximately USD 2 billion.
• Advised in relation to disputes concerning own legal costs.
• Acted for sugar traders and producers in a claim for in excess of £30 million involving allegations of conversion, procuring breach of contract and conspiracy.

Kamal advises on marine, political risk, and shipbuilding insurance, covering force majeure, causation, exclusions, guarantees, sanctions, and high-value cross-border claims, including Supreme Court and P&I matters.

• Advised insurers under shipbuilding contracts connection with force majeure events in Bulgaria.
• Acted for owners of a rig in a claim under an insurance policy concerning causation and the exclusion of inherent vice in a case that went up to the Supreme Court.
• Advised P&I club members on the ability to call at Iranian ports to load crude oil cargoes in light of existing UN and EU sanctions.
• Acted for a major London-based sugar trader in relation to an insurance dispute under a political risks policy in relation to a claim for confiscation of refined sugar in Kenya.
• Advised in relation to P&I and bank letters of guarantee.

Kamal is a commercia litigator and has acted in the following reported cases:

• Super Max Offshore Holdings & Anor v Malhotra [2019] EWHC 2711 (Comm; committal proceedings, Judgment of Sir Michael Burton, 10 October 2019.
• Supermax v Malhotra [2019] EWHC 249 (Comm): committal proceedings, Judgment of Mr Justice Knowles, 15 March 2019.
• ED&F Man Sugar Limited v T&L Sugars & Ors (Comm Ct) 2016: acted for the defendants in a dispute involving sums in excess of £30 million and allegations of conversion, procuring breach of contract and conspiracy.
• Melli Bank PLC v Holbud Limited [2013] EWHC [1506] (Comm): sanctions and frustration.
• Rotenberg v Sucafina S A [2011] EWHC 901: finality of interim awards in coffee arbitrations.
• The “CENDOR MOPU” [2009] 1 Lloyd’s Rep 511 (High Court), [2010] 1 Lloyds Rep 221 (Court of Appeal), [2011] 1 Lloyd’s Rep 302 (the Supreme Court): causation and the exclusion of inherent vice in insurance.
• National Ability v Tinna Oils & Chemicals Limited [2009] EWCA Civ 1330 (Court of Appeal): time bar and enforcement of arbitral awards.
• The “TJASKEMOLEN” (now named “VISVLIET”) [1997] 2 Lloyd’s Rep 476: second arrest for the same claim.
• The “GUDERMES” [1991] 1 Lloyd’s Rep 456 (High Court), [1993] 1 Lloyd’s Rep 311 (Court of Appeal): implied contracts in bills of lading, bailment.

Kamal specialises in commercial litigation and arbitration, advising clients in the energy and natural resources sector on trade finance, sanctions, insurance issues, shareholders’ disputes and directors’ duties, commercial contracts, and freezing injunctions.

• Acted in a London litigation in a claim for default under a gasoline sales contract.
• Acted for sellers of Nigerian crude oil in claim for non-payment and bribery.
• Represented oil traders in a dispute in a London arbitration over the source of contamination as between shore tanks and ship tanks.
• Advising generally in relation to international contracts for the sale of goods in crude oil, refined products and coal.
• Acted for oil traders in sales disputes.
• Advising on force majeure clauses in oil and other commodities sales contracts and in charterparties in light of the COVID-19 pandemic.

Kamal specialises in commercial litigation and arbitration, advising clients in the shipping sector, including shipowners, traders and rig owners, on charterparty disputes, bills of lading disputes, cargo disputes, and ship management contracts.

• Bills of lading and charterparty disputes concerning a wide range of matters e.g. implied bill of lading contracts, bailment, title to sue, short delivery claims, failure to properly care for cargo, and unseaworthy claims.
• Ship arrests: acted for owners in successful applications on appeal for the release of vessels from arrest without the provision of security in Italy, France, Greece and Holland.
• Acted for owners in an English arrest and successfully obtaining an order from the Commercial Court requiring counter-security to be posted as a precondition of retaining security posted to release the vessel.
• Acted for owners in a dispute involving a change of commercial and technical management of a fleet of 26 vessels.
• Established a ship-management joint venture company in England for owners and advised on the handover of commercial and technical management.
• Drafted ship management contracts.
• Acted in the refinancing and restructuring of an entire state-owned fleet.

Member of the Law Society

Member of Lincoln’s Inn, London

Member of the Supreme Court of India Bar Association

Member of the Delhi High Court Bar Association

Member of the Indian Law Institute

Member of the Indian Maritime Association

Member of the Indian Society for International Law