Akhil Shah QC
Call date
1990
Silk date
2010
Practice Areas
A broad practice focused on commercial litigation and advisory work encompassing (in alphabetical order):
- Arbitration
- Aviation
- Banking & finance litigation
- Commercial dispute resolution
- Energy and natural resources
- Insurance and reinsurance
- Private international law and conflict of laws
- Product liability
- Professional negligence
- Public law
- Sale of goods and international trade
- Sport
Recommendations (Practitioners' Guides)
"real stature as a courtroom and arbitration operator" (Chambers UK, 2011)
“a complete star of the aviation Bar” (Legal 500 2011)
"he is the man to go to if you want someone with a sound understanding of the technicalities of a case, whether they be scientific or legal." (Chambers UK 2011, Product liability)
“Clear, meticulous, unflustered and responsive.” (Chambers & Partners, Aviation 2010)
“Meticulous, technically excellent and a charming personality.” (Chambers & Partners 2009)
Professional Experience
Akhil specialises in commercial law with expertise gained from some 20 years experience in contentious dispute resolution, arbitration and advisory work. He has extensive experience of substantial commercial litigation having acted in a number of complex cases, including disputes with international and multi-jurisdictional elements. His practice has an emphasis on contractual disputes of all kinds, aviation, insurance / reinsurance, banking and finance litigation, conflicts of law and product liability. He has also appeared in the Caribbean and has been admitted to the British Virgin Islands Bar.
Akhil is used to providing expert evidence on English law to foreign courts or tribunals and has done so recently in proceedings in the People’s Republic of China, Malaysia and Russia.
Since taking silk the highlights of Akhil’s practice have been:
- Representing the insured owner of three Boeing 747 aircraft in a dispute for US$150 million against eighteen insurers in connection with the theft and the removal of the aircraft to Iran in the case of Blue Sky v Chartis & Others.
- Appearing in Pindell v Air Asia for Air Asia in a trial in the commercial court brought by an aircraft lessor for loss of a future sale. The court decided that the claim was too remote to be recoverable.
- Appearing in AerCap v Avia Asset Management in a trial in the commercial court arising out of international sale of goods.
- Arguing a successful appeal in the Court of Appeal on behalf of the Republic of Cyprus in R(Kibris Turk Hava Hollari) v SS Transport and Republic of Cyprus [2011] 1 Lloyds 274.
Recent Practice
Arbitration
Akhil has a broad arbitration practice. He regularly acts in commercial and international arbitrations, on a wide range of disputes. Selected examples include:
- Acting in ICC arbitration proceedings in a dispute concerning performance of a contract for services in Libya, including preliminary challenge on jurisdiction concerning application of arbitration agreement to all named respondents.
- Acting in LCIA arbitration proceedings in a dispute arising out of a joint venture in Saudi Arabia.
- Acting in LCIA arbitration proceedings in a dispute arising out of a multi-million dollar contract for sale of goods to India.
- Acting for a syndicate of investors and owners of a fleet of passenger aircraft in international arbitration proceedings against insurers arising out of the theft of the aircraft in Mexico.
- Acting for the insured in ARIAS arbitration proceedings in a dispute arising out of the insurance into Lloyds of viatical policies issued in the US.
- Representing Excess Insurers in international arbitration on the Bermuda Form resisting a claim for US$85 million in connection with fuel contamination of the water table of a major city in California.
- Representing Excess Insurers in international arbitration on the Bermuda Form resisting a multi-million Dollar claim by a pharmaceutical company in relation to its liability to third party tort claims in the US.
- Acting for a national airline in international arbitration proceedings arising out of an agreement to establish and support commercial airline services in Afghanistan.
- Acting on appeal of arbitration proceedings brought under International Cotton Trade Association, in relation to sale of cotton to the People’s Republic of China.
- Acting in ICC arbitration proceedings in a dispute relating to a joint venture investment in the cellular telecoms industry in India.
- Acting in LCIA arbitration proceedings in a dispute arising out of the take-over of a major oil company and its consequences on a joint venture agreement for the exploration of oil in Kuwait.
- Acting in ICC arbitration proceedings in a dispute between an airline and a maintenance repair organisation.
- Acting in IATA arbitration proceedings in a dispute between an airline and its ground handling agent.
- Acting in arbitration proceedings between all risk and war risk reinsurers following the loss of a helicopter in Columbia.
Aviation and Travel
Akhil Shah QC is "an excellent technical lawyer who knows aviation like the back of his hand." Chambers and Partners 2013
Akhil Shah QC is a reliable choice for advice on disputes as he is "measured and thoughtful," according to sources. His highlight work includes notable aviation-related claims, including the judicial review of the Sturgeon decision.
Akhil has acted in a broad range of aviation related disputes. He has extensive experience with the legal, commercial and regulatory framework of the aviation industry. He has acted in and advised on disputes concerning aircraft leases, financing of aircraft, sale of aircraft, design and manufacture of aircraft, aviation insurance, carriage of passengers and of cargo under the Warsaw and Montreal Convention regimes, UK regulations and international regulation. Examples include:
- Pindell v Air Asia: Acting for airline in successfully resisting a claim by aircraft lessor to recover as damages the value of a lost future sale of the aircraft following late redelivery and the collapse in asset prices after the “credit crunch”.
- R(Kibris Turk Hava Hollari) v SS Transport and Republic of Cyprus [2011] 1 Lloyds 274: Representing the Republic of Cyprus as interveners in support of the UK Secretary of State’s defence of judicial review challenge by a Turkish airline to operate schedule and charter flights to northern Cyprus. The case considered the right to fly in airspace and to land in territory of a sovereign state which did not consent to the flights.
- DTVA v bmibaby [2011] 1 Lloyds 68: Acting for low-cost airline in a dispute concerning the economic operation of low cost airlines and their contractual relationships with regional airports.
- HSH Nordbank v Air Astra: Representing lenders, owners and lessors of a fleet of 5 Airbus passenger aircraft in a claim which recovered the aircraft from insolvent Spanish airline.
- R(TUI and others ) v CAA: Acting for the CAA in connection with judicial review challenge of the right to claim damages for delay under EU Regulation 261/2004. Preliminary reference to ECJ pending.
- Acting for the CAA in judicial review proceedings relating to a takeover dispute between leading European airlines.
- AerCap v Avia Asset Management [2010] EWHC 2431: Acting for seller of two Boeing 757 aircraft against defaulting buyer, where default arose out of the “credit crunch” and aircraft prices were depressed by economic down turn.
- Acting for aircraft lessors in numerous disputes concerning recovery of commercial aircraft from defaulting airlines.
- Sunrock v SAS [2007] 2 Lloyds 612: Representing lessors in aircraft leasing disputes arising out breach of redelivery condition of aircraft.
- Advising a leading airline on the contractual consequences of the delay in delivery of several Boeing “dreamliner” aircraft.
- Acting for the CAA in connection with changes to the design of controlled airspace over southern England.
- IHRC v CAA (2007) ACD 5: Acting for CAA in connection with granting of permission to transport munitions of war from the UK to Lebanon.
- Advising the CAA in relation to the economic regulation of airlines and airports.
- Acting for manufacturer of aircraft in relation to a claim relating to the design of landing gear following crash landing of aircraft at Heathrow.
- Amiri v BAE [2003] 2 Lloyds 767: Acting for Abu Dhabi state in a claim against BAE relating to the design of aircraft fuel tanks and their protection against corrosion.
- Protea Leasing v RAC and MAS [2002] All ER (D) 224: acting for lessor in a multi-million Dollar leasing dispute with the Cambodian state airline, and advising on recovery of possession of 3 aircraft from Singapore.
- Acting in aircraft disaster claims with multi-jurisdictional and anti-suit considerations.
- Airbus v Patel [1999] 1 AC 119: Acting for Airbus in anti-suit injunction proceedings arising out of fatal crash landing of airline in Bangalore.
- Acting in various passenger and cargo disputes arising out of carriage by air, including claims under the Montreal and Warsaw Convention liability regimes.
- Western Digital v British Airways [2001] QB 733: Acting in claim concerning title to sue under Warsaw Convention of consignee named in an air waybill.
Banking & Finance
Akhil regularly acts in a broad range of banking and finance disputes. He has experience in disputes concerning securitisation, ISDA Swaps, letters of credit, bills of exchange, syndicated loans, mortgages and other forms of security. Examples include:
- Representing the lender in a dispute with a counter-party concerning swap transactions governed by ISDA Master Agreement.
- Advising in a claim between competing lenders and investors concerning the valuation of securitised assets.
- Acting for lender in a dispute where borrower falsely represented it had title to asset offered as security.
- HSH Nordbank v Air Astra: representing the bank in proceedings for the recovery from the Spanish airline (Air Astra) of aircraft in Spain provided as security for a loan.
- Deutsche Bank v Volare: Acting for Deutsche Bank in proceedings for the recovery of aircraft from an insolvent Italian airline – Volare.
- Acting for and advising Calyon in proceedings for the recovery of assets from an insolvent Italian counter-party.
- Acting for and advising banks in connection with personal and proprietary remedies in England and abroad against defaulting customers and third parties.
- Acting for and advising banks in recovery actions following insolvency of customers
- Acting for and advising both banks and others in relation to claims on bills of exchange, and promissory notes.
- Acting for and advising banks in relation to letters of credit.
- Acting in a dispute concerning enforcement of documentary credits.
- Acting in a dispute between two banks in a civil fraud claim concerning performance bonds.
- Cardinal Finance v Central Bank of Yemen [2001] LRBR 1: Representing the central bank of Yemen in a dispute arising out of the purchase by an investment fund of promissory notes issued by the bank to the Czech Republic.
Commercial Dispute Resolution
Akhil has extensive experience in substantial commercial disputes. Selected examples include:
- See various commercial disputes listed elsewhere in this CV
- Acting against a Russian owned investment vehicle in a dispute between lenders and investors concerning the valuation of assets following the collapse in asset prices as a result of the “credit crunch”.
- Acting in disputes relating to share purchase agreements and warranty claims.
- Acting in disputes concerning the international sale and purchase of commercial aircraft.
- Acting in disputes concerning the conversion of commercial aircraft in Mexico.
- Acting in disputes to recover assets in the control of a company alleged by the United States SEC to be operating a “Ponzi scheme”.
- Protea v RAC and MAS:Acting in a dispute concerning the alleged unlawful interference with a contract by a third party.
Energy & Natural Resources
Cases involving disputes relating to energy or natural resources include:
- Acting in a dispute concerning a joint venture agreement for the exploration of oil in Kuwait following the take-over by a major oil company of one of the parties to the joint venture.
- Acting in a dispute concerning the cause and consequences of fuel contamination of the water table of a major city in California.
Insurance & Reinsurance
Akhil regularly acts in insurance / reinsurance disputes in the Commercial Court and in arbitration. He has acted for and advised insureds / insurers / reinsurers in connection with construction and coverage issues under different insurance policies, including all risks, business interruption, aviation, theft, liability, product, Bermuda Form, property, war risk, political risk, trade credit, viatical and professional indemnity policies. Examples of recent practice include:
- Blue Sky v Chartis and 17 others –representing the insured owner of three Boeing 747 aircraft in a dispute for US$150 million against eighteen insurers in connection with the theft and removal of the aircraft to Iran. The claim raised issues of the effect of US sanctions against Iran on imports of assets into Iran and insurance of those assets in the international insurance market.
- Acting for a syndicate of investors and owners of a fleet of fourteen passenger aircraft in proceedings against insurers arising out of the theft of the aircraft in Mexico. The claim raised issues about the ability of one co-insured to recover under a composite policy for loss caused by wrongful conduct of another co-insured.
- Acting for the insured in ARIAS arbitration proceedings in a dispute concerning viatical and contingent cost insurance.
- Representing Excess Insurers in international arbitration on the Bermuda Form resisting a claim for US$85 million in connection with fuel contamination of the water table in California.
- Advising excess Insurers in international arbitration on the Bermuda Form resisting a multi-million Dollar claim by a pharmaceutical company in relation to its liability to third party tort claims in the US.
- Acting in disputes concerning political risk insurance, including claims of appropriation of assets by governments in Venezuela, Iran and Sudan.
- Acting in disputes concerning trade insurance.
- Euler Hermes v Apple Computer [2006] LRIR 691; Acting in a dispute concerning the construction of settlement of a credit insurance claim.
- Acting in arbitration proceedings between all risk and war risk reinsurers following the hi-jack of a helicopter on Columbia.
- Acting for professional indemnity insurers in a dispute arising out of fraudulent conduct in a partnership.
- Acting in disputes concerning coverage under professional indemnity insurance.
- Acting in disputes arising out business interruption insurance.
- Acting in disputes concerning coverage and occurrence of a total loss in all risk property insurance or property in Kenya.
Private International Law and Conflicts of Law
Akhil has acted in numerous cases involving anti suit injunctions, forum shopping, Brussels Regulation, Brussels/Lugano Convention, issues including applicability of Regulation to insolvency proceedings, state immunity, interim relief in support of foreign proceedings, and application of foreign law in English court and arbitration proceedings. Selected examples include:
- First Security Bank v Air Gabon; Acting in proceedings resisting anti-suit injunction against proceedings commenced in breach of exclusive jurisdiction clause.
- Knauf v British Gypsum (No 2) [2002] 2 Lloyds 416: Acting in dispute concerning jurisdiction under Brussels Convention of contribution claim when main action dismissed.
- Airbus v Patel [1999] 1 AC 119: Acting for Airbus in proceedings arising out of fatal crash landing of airline in Bangalore. Anti-suit injunction sought to restrain proceedings brought in Texas applying “long arm” jurisdiction.
- Acting in proceedings governed by foreign law and in particular, Mexican, Cambodian, Libyan, Iranian, Saudi and French law.
Product Liability
Akhil has extensive experience in product liability disputes concerning the design and manufacture of civil aircraft, aircraft components as well as other industries. He relishes disputes with a technical element and is familiar with jurisdictional and choice of law problems that feature in product liability claims. Selected examples include:
Akhil Shah QC has been acting for Rolls-Royce in the Nimrod coroner’s inquest, as well as in various product liability disputes relating to the design of gyroplanes, helicopters and aircraft. The complexity of technical evidence and the breaches of duty involved mean the claims are both sophisticated and can potentially involve millions of pounds. - Chambers and Partners 2013
- Acting against manufacturer of plastic seals in a dispute concerning the chemical contamination of a well known brand of alcohol.
- Acting for the manufacturer of aircraft in disputes concerning the design and manufacture of aircraft landing gear following separate failures of landing gear on aircraft at Heathrow and Brussels.
- Acting for supplier in a dispute concerning the delamination of plasterboard.
- Acting in a dispute concerning the design and manufacture of jet engines following engine failure on landing at Munich airport.
- Acting for the manufacturer of aircraft windows in a dispute concerning the spontaneous failure of toughened glass caused by the alleged presence of sulphide impurities.
- Amiri v BAE and Crossair [2003] 2 Lloyds 767: Acting for Abu Dhabi state in a claim against BAE relating to the design of aircraft fuel tanks and their protection against corrosion.
Professional Liability
Akhil has acted in a number of professional negligence claims against brokers, solicitors, accountants and valuers. Selected examples include:
- Acted in a dispute concerning advice given by solicitors in a property transaction.
- Acted in a dispute concerning advice given by solicitors in a share purchase agreement.
- Acted in disputes arising out of acts and omissions of insurance / reinsurance brokers in placing insurance / reinsurance.
- Acted in disputes concerning financial and audit advice by accountants.
- Acted in disputes concerning valuation by surveyors of commercial property.
Public Law
Akhil has recently acted for the CAA as well as the Republic of Cyprus in public law challenges that arise in a complex regulatory framework. Public law forms a small but significant part of Akhil’s practice. Examples include:
- R(TUI and others ) v CAA: Acting for the CAA in connection with the judicial review challenge of the right to claim damages for delay under EU Regulation 261/2004. Preliminary reference to ECJ pending.
- R(Kibris Turk Hava Hollari) v SS Transport and Republic of Cyprus [2011] 1 Lloyds 274: Representing the Republic of Cyprus as interveners in support of the UK Secretary of State’s defence of judicial review challenge by a Turkish airline to operate schedule and charter flights to northern Cyprus. The case considered the issue of sovereignty of a state over territory not within its actual control.
- Acting for the CAA in judicial review proceedings relating to a takeover dispute between leading European airlines.
- Acting for the CAA in connection with changes to the design of controlled airspace over southern England.
- IHRC v CAA (2007) ACD 5: Acting for the CAA in connection with a challenge to permission given allowing carriage of munitions of war from the U.S. to Israel via the UK during the conflict between Israel and Lebanon.
- Acting for the CAA in defence of challenges against decisions concerning the grant and revocation of licenses to air operators.
- Acting in judicial review proceedings concerning the challenge of permissions to grant pharmaceutical licenses.
- Acting in judicial review proceedings concerning public sector worker employment procedures in the NHS.
Sport
Selected examples include:
- Acted for a national cricket board in a dispute with the ICC arising out of contractual relations between the national board and its players.
- Acted for a national boxing federation in relation to its contractual relationship with the world boxing council.
- Acted in a contractual dispute arising out of the lease of property from a leading English football club.
Publications
- Co-author of “Carriage by Air” (2000) (Butterworths)
- Author of chapter on “Carriage by Air” in “Bullen & Leake & Jacob’s Precedent of Pleading”, Blair J, Brennan QC, Jacob LJ and Langstaff J, Sweet & Maxwell 14th ed (2000) 15th ed (2004), 16th ed (2008).
- Joint editor of “Commercial Court Procedure” (Sweet & Maxwell)
Education
Haberdashers Aske's School Elstree
St John's College Cambridge (MA)
Appointments
Admitted to the British Virgin Islands Bar
Associations
COMBAR
London Common Law and Commercial Bar Association
ICC Transport and Logistics Committee
British Institute of Advance Legal Studies
Languages
French