Practice Areas
Garbhan Shanks has over 25 years' experience of litigation, arbitration and mediation in commercial disputes, often with international and civil fraud elements, with a particular focus in insurance and group actions.
Garbhan primarily acts for policyholders in the financial services, pharmaceutical, energy, retail, manufacturing, construction, utilities and transport sectors to recover insurance indemnities properly due under construction all-risks, product liability / recall, professional indemnity, property, business interruption, ATE, D&O, employers' liability, public liability, political risk / political violence / credit risk, corporate crime (1st and 3rd party) and cyber / privacy insurance policies. Garbhan is currently acting in recovery actions relating to political risk and political violence losses in Mozambique and Côte d'Ivoire, in addition to ad hoc arbitration proceedings against excess insurers in a product liability coverage dispute.
Garbhan also specialises in reinsurance coverage disputes and has acted in leading cases Wasa v Lexington (House of Lords judgment concerning Alcoa pollution losses across the USA) and Aioi v Heraldglen (arising from the 9/11 World Trade Centre losses) and has recently represented reinsurers in a $500 million LCIA political risk South American expropriation coverage arbitration, and a $100 million political risk coverage dispute relating to the 2021 Zuma riots in South Africa.
His commercial disputes practice involves both defendant and claimant work, such as miss-selling, professional negligence and breach of contract / warranty claims, and he has an established expertise in funded claims, group actions, asset recovery and civil fraud matters.
He has acted in numerous ad hoc and institutional arbitrations, particularly those governed by the LCIA, ICC and SCC Rules, which has become an increasingly popular option for his clients, especially with enforcement to mind.
Garbhan also has a French law degree and is part of the French desk at Fladgate.