Zaiwalla & Co

Zaiwalla & Co is a London-based boutique disputes practice.ear

Founded by senior partner Sarosh Zaiwalla in 1982 as a practice focused on shipping arbitration before later expanding into commercial disputes.

In the last decade the firm has developed a preeminent Sanctions and Public International law litigation practice stemming from its instructions in a groundbreaking 8 year sanctions-related litigation in the Supreme Court.

The firm has steadily gained a reputation for punching above its weight acting in complex, high value, multi-jurisdictional disputes with a strong focus on emerging markets. In the last 5 years the Zaiwalla team have been involved in three cases that have been included in The Lawyer’s annual list of the UK’s Top 20 Cases of the Year, two of which reached the Supreme Court.

Clients are typically mid-size state and private entities as well as prominent individuals. Opponents are almost always the City’s largest law firms and specialist boutiques.

The team are currently acting in the US $4billion Central Bank of Venezuela and Bank of England, a case that reached the Supreme Court and is back in the High Court (The Lawyers Top 20 Case of the year). The case relates to billions of Venezuelan gold stored in the Bank of England and involves Allen & Overy, Herbert Smith and Quinn Emmanuelle.

Main Areas of Practice:

Arbitration:

The firm has decades of experience in high value complex arbitrations as well as a track record in overturning arbitral awards in the High Court as well as obtaining recognition and enforcement of awards. Senior Partner Sarosh Zaiwalla is a former member of the International Court of the ICC Paris.

The team was recently involved in what is thought to be the first commercial LCIA arbitration instituted to divide matrimonial assets of a HNWI couple, hundreds of millions of dollars.

The Zaiwalla team formed the precedent for the apparent bias of an arbitrator in ASM Shipping v TTMI and also the groundbreaking arbitration-related Supreme Court litigation of Hashwani v Jivraj surrounding the question of whether parties can choose an arbitrator based on religion.

Commercial and Banking Litigation:

The team is known for setting precedents and winning cases in the highest courts in the UK and the EU, having acted in over 115 cases reported cases that have changed the law.

Recent work includes acting against Punjab National Bank for 8 defendants in a successful jurisdiction challenge to a US $45 Million claim by the bank and acting in a US $43 million breach of contract claim against a member of a Middle Eastern royal family.

Sanctions & Public International Law:

Over the last decade Zaiwalla has been involved in some very high profile public international law and sanctions cases in the UK Courts -Berisha v SOS for the Home Office, Bank Mellat v HM Treasury and Central Bank of Venezuela v Bank of England all reached the Lawyers List of the Top 20 cases of the Year.

The team successfully handled a 8 year precedent-setting Supreme Courtdispute for the sanctioned private Iranian Bank, Bank Mellat, in 2019, overturning UK and EU sanctions against the bank and leading to the Bank’s damages claim of US$1.6 Billion that was later settled by the UK Government.

The team advises sanctioned entities and individuals on judicial challenges to their designation as well as other measures such as travel bans, asset freezes etc. It also advises on sanctions compliance includingtrade restrictions and export controls, obtaining export licences and authorisations from relevant regulatory bodies including the OFSI.

Marine & International Trade:

With more than 40 years’ experience in shipping and commodity disputes the Zaiwalla team have contributed to many entries in the official English Law Reports. With a predominant focus on GAFTA, LMAA and high court trade disputes.

The team acted successfully for an Indian trading house in Sharp v Viterra, a 2024 Supreme Court dispute concerning the correct calculation of damages in a breach of contract claim relating to the export of pulses. Hill Dickinson acted for the opponent.

The team advise shipowners, charterers, P&I Clubs, trading houses, marine insurers and brokers, and freight forwarders. The depth of experience means that they advise on the majority of marine or trade related concerns, from straightforward soft commodity arbitrations to multi-party international litigations.

Contacts: [email protected]