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Rajesh
Pillai
Call
2002; New York Bar 2003;
BA Hons (Oxon); BA Hons (Cantab);
LLM International Trade and Arbitration Law (NYU)
E-mail: rpillai@3vb.com |
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Rajesh
Pillai specialises in commercial litigation, arbitration and
advisory work. He is regularly instructed as sole advocate
or as a junior in trials, applications (including freezing
and search orders) and appeals.
Rajesh
is recommended by Chambers & Partners for commercial
dispute resolution. He is described as "wise beyond
his years" and "in increasingly great demand by
lawyers impressed with his calm and confident demeanour in
high-pressure situations" (2008). He presents arguments
in an "attractive and piercing manner" and "gives
clients confidence" (2009).
The scope of Rajesh's practice is illustrated by recent work
which includes acting for GMAC in the managed litigation of
fifty claims of negligence and breach of fiduciary duty against
solicitors and valuers; advising a UK bank on large scale
domestic litigation relating to credit card charges; advising
a London investment fund on disputes arising out of notes
issued by a foreign government; acting for a telecommunications
company in a dispute with its insurers over subrogated rights;
and acting on behalf of a multinational pharmaceutical company
in arbitrations involving agency and bribery allegations.
Rajesh
also has experience of jurisdiction and conflicts of law issues
that often arise in disputes involving international parties;
examples are MODSAF
v FAZ Aviation where he acted for a foreign government
in a US$120m fraud action and SecTrack
NV v Satamatics Ltd, a case involving injunctive relief
on behalf of a Belgian company for breaches of confidential
information.
Rajesh
is admitted to the New York Bar and has also developed experience
in inter-state trade disputes following selection as an intern
to the Appellate Body of the World Trade Organisation (WTO)
in 2004.
In
2008 Rajesh was appointed Junior Counsel to the Crown (C Panel).
Main
Practice Areas
Commercial
Litigation and Arbitration
Deals with a broad range of commercial disputes including the
sale of goods and financial instruments, commercial agency,
internet and telecommunications disputes, insurance and professional
negligence. Examples of current and recent work includes:
Litigation
- GMAC-RFC v Watson & Brown and Connells (London
Mercantile Ct 2009) - acting in managed litigation of fifty
claims for conveyancing negligence and breach of fiduciary
duty against solicitors and for valuation negligence against
valuers (with Paul Lowenstein QC).
- Munich Re and ors v Hutchison 3G (Commercial Ct
2009) acting on behalf of H3G in ongoing dispute over alleged
prejudice of insurers' subrogated rights (with Andrew Fletcher
QC).
- Advising London investment fund and fund manager on dispute
arising out of structured notes issued by a foreign government
(2009).
- Acted on behalf of BVI company defending claim for US$5
million under alleged loan agreement in respect of Zimbabwean
gold mining interests (Commercial Ct 2009).
- Acted on behalf of Argos in dispute over supply contracts
and product quality (London Mercantile Ct 2009).
- Advised international IT infrastructure company on disputes
arising out of shareholder agreement and conflicts of interest
in relation to London transport contracts (2008).
- IFE
Fund SA v Goldman Sachs International (2007) 1 Lloyd's
Rep 264 (Commercial Ct; Toulson J); (2007) 2 Lloyd's Rep
449 (CA) - acted at trial and on appeal on behalf of investment
fund in claim against arranger of syndicated loan facility
for negligent misrepresentation and non-disclosure (with
Jonathan Nash QC).
- Post
Scriptum Ltd v Dar Al Watan KSC (2007) (QBD; Field
J); (see LTL 19/11/07) sole advocate at trial on behalf
of defendant Kuwaiti publishing company in a dispute over
alleged breaches of contractual and agency/fiduciary duties
arising out of an international distribution agreement.
Articles
and Talks
- Summary
applications and sanctions: Getting out of trouble -
Webinar for LexisNexis with Jonathan Nash QC, July 2008.
- 'WTO
Law and domestic regulatory autonomy - the impact of a 'balancing
test' in recent case law' - Paper presented at Commonwealth
Law Conference, London 2005.
- Review
Article - 'National Treatment and WTO Dispute Settlement'
- World Trade Review Vol 1 Issue 3 Nov 2002.
Return to top
Arbitration
- A
v CL - (2007-09) acting on behalf of a multinational
pharmaceutical company in two international arbitrations
involving UK and foreign parties based in Eastern Europe;
both under local arbitration rules; issues include breach
of contract, alleged bribery, commercial agency, standards
of proof in international arbitration (with Jonathan Nash
QC).
-
Advised on the validity of arbitration clauses and the finality
of trade association (International Cotton Association)
arbitration awards (2007).
Article
Commercial
Fraud
Particular experience of fraud claims and obtaining freezing,
search and asset preservation orders; asset tracing work, money-laundering
and restitutionary remedies; specific disclosure applications
and applications for the release of evidence and assets under
civil freezing orders and criminal restraint orders (under POCA).
Current and recent work has involved injunction proceedings
in the Commercial Court and conflicts of law issues and includes:
-
A v CL - (2009) acting on behalf of a multinational
pharmaceutical company in two international arbitrations
involving UK and foreign parties based in Eastern Europe;
both under local arbitration rules; issues include breach
of contract and alleged bribery (with Jonathan Nash QC).
- MODSAF
v FAZ Aviation and Anor [2008] 1 All ER (Comm) 372
(Langley J) - acting for a foreign government in multi-jurisdictional
claim against an aviation company and its director concerning
a substantial alleged procurement fraud involving issues
of bribery and domestic jurisdiction under EC Regulation
44/2001. Also advised on the relationship between civil
actions and criminal restraint orders (with David Quest).
- Bank
of Cyprus v Ilyas (QBD; Penry-Davey J and Davis J 2008)
- obtained freezing injunction on behalf of bank against
company director in respect of misappropriated loan monies.
- SecTrack
NV v Satamatics Ltd and Anor [2007] EWHC 3003 (Comm)
(Flaux J) - acted for Belgian satellite telematics distributor
in an action to prevent misuse of confidential information;
obtained "springboard" injunction and other orders
for preservation of evidence, delivery up and imaging of
computers. Claim involved, inter alia, alleged breaches
of confidence, dishonest assistance and conspiracy. Also
dealt with choice of law issues and domestic jurisdiction
under EC Regulation 44/2001 (corporate/employee domicile)
(led by Paul Lowenstein, settled before trial).
- National
Grid plc v McKenzie and Ors (Ch D; David Richards J
and Park J 2006) - acted for claimant in obtaining search
and freezing orders in relation to bribery and fraud claims
(part of counsel team with Andrew Onslow QC).
- Cable
& Wireless and Pender v Valentine and Ors; (Commercial
Court; Gloster J 2005-06) - acted on behalf of joint administrators
of Guernsey insurance company defending dishonest assistance
and proprietary claims in an alleged reinsurance fraud (led
by Richard Salter QC, settled 12 weeks into trial).
- Simply
Loans v Wood and Ors [2006] All ER (D) 222 (Feb) (Ch
D; Park J) - acted on behalf of a company director defending
allegations of breach of fiduciary duty and proprietary
claims; obtained variations to freezing orders in relation
to legal costs and sale of property.
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Banking
& Financial Services
Acts
on behalf of domestic and international investment funds,
banks, building societies and other financial institutions.
Specializes in investment and retail banking disputes arising
out of banker-customer contracts, negligence, breach of mandate
and inter-bank transactions, documentary credits, money-laundering/POCA,
regulatory issues and in enforcing securities further to mortgages
and guarantees. Current and recent work includes:
- Advising
London investment fund and fund manager on dispute arising
out of structured notes issued by a foreign government (2009).
- Advising
UK bank on issues arising out of large scale litigation
on credit card charges (2009).
- Advised
European bank on partnership and related insolvency issues
arising out of the dissolution of a London law firm (2008).
- Advising
UK retail banks on issues arising out of PPI and related
loan agreements (2008).
- Bank
of Cyprus v Ilyas (QBD; Penry-Davey J and Davis J 2008)
- obtained freezing injunction on behalf of bank against
company director.
- IFE
Fund SA v Goldman Sachs International (2007) 1 Lloyd's
Rep 264 (Commercial Ct; Toulson J); (2007) 2 Lloyd's Rep
449 (CA) - acted at trial and on appeal on behalf of investment
fund in claim against arranger of syndicated loan facility
for negligent misrepresentation and non-disclosure (with
Jonathan Nash QC).
- Y
v Barclays Bank (Ch D; Mann J 2007) - acted on behalf
of Bank responding to freezing injunction applications (matter
settled).
Publications and Talks
- "Introduction
to Documentary Credits" - Talk delivered to the Banking
and Financial Services Litigation Summer School presented
by Managing Partner magazine (June 2009).
- Chapter
on Conflicts of Law and Illegality in relation to documentary
credits in Documentary Credits - Jack, Malek & Quest
(4th Ed; 2009).
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to top
Insolvency
and Company Law
Carries out regular corporate and personal insolvency work in
the High Court on behalf of creditors and respondent companies.
Acts for and against liquidators, administrators and receivers.
Recently acted in injunction proceedings to restrain administrators
from the exercise of their powers.
Personal insolvency work includes acting for trustees in bankruptcy
with a focus on asset recovery and disputes relating to trusts
and beneficial interests.
Also advises on a variety of company law issues, especially
in relation to directors' duties, boardroom disputes and advising
shareholders over shareholder agreements and unfair prejudice
actions. Current and recent work includes:
Insolvency
- Acted
for company in injunction proceedings to restrain exercise
of administrators' powers where creditor's right to appoint
following event of default was disputed (Ch D; Lewison J
2008).
- Acted
for liquidator in claim to recover monies from vendors of
company under share sale agreement (QBD; settled 2009).
- Advised
European bank on partnership and related insolvency issues
arising out of the dissolution of a London law firm (2008).
- Advised
administrators of property company in relation to breaches
of contract and claims for specific performance (2008).
- Advised
German company on claim against English administrators further
to retention of title claims (2008).
- Hill
v RFS Limited [2006] All ER (D) 227 (Nov) (Ch D; Mark
Cawson QC) - acted for creditor finance company in appeal
from application to dismiss statutory demand.
Talk
Company
- Acting for majority shareholders defending s.994 proceedings
(Ch D; settled 2009);
- Advised international IT infrastructure company on disputes,
directors' duties and conflicts of interest arising out
of TfL shareholder agreements (2008).
- Advising generally in relation to shareholder agreements
and potential actions against majority shareholders (2008).
- Stone v X Ltd (Ch D) - instructed on behalf of
company and directors responding to s459 petition (former
unfair prejudice provisions) and questions relating to corporate
governance and share valuations (2004-06).
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Jurisdiction
and Conflicts of Law
Experience of advising on and acting in jurisdiction disputes
and antisuit injunctions. Current and recent experience includes:
- International Consolidated Minerals Ltd and others
v Precious Metal Capital Corporation (Commercial Ct
2008) advised and acted for the defendant international
mining corporation to resist an anti-suit injunction relating
to Canadian proceedings between these and other parties
concerning the ownership of Peruvian mining rights (with
Paul Lowenstein QC).
- MODSAF
v FAZ Aviation and Anor [2008] 1 All ER (Comm) 372
(Langley J) - acting for a foreign government in multi-jurisdictional
claim against an aviation company and its director concerning
a substantial alleged procurement fraud involving issues
of bribery and domestic jurisdiction under EC Regulation
44/2001 based on corporate domicile at the date of claim
(with David Quest).
- SecTrack
NV v Satamatics Ltd and Anor [2007] EWHC 3003 (Comm)
(Flaux J) - acted for Belgian satellite telematics distributor
in an action to prevent misuse of confidential information.
Dealt with choice of law issues and domestic jurisdiction
under EC Regulation 44/2001 based on corporate/employee
domicile (with Paul Lowenstein QC, settled before trial
spring 2008).
- Advised New York-based website owner on potential jurisdiction
challenges to claim for transfer of website being brought
in English courts (2008).
Publications
- Chapter on Conflicts of Law and Illegality in relation
to documentary credits in forthcoming edition of Documentary
Credits - Jack, Malek & Quest (4th Ed; 2009)
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Insurance
and Reinsurance
Acts on behalf of insurers and reinsurers in a variety of claims,
often involving related issues of fraud. Current and recent
work includes:
-
Munich Re and ors v Hutchison 3G (Commercial Ct 2009)
acting on behalf of H3G in ongoing dispute over alleged
prejudicing of insurers' subrogated rights (with Andrew
Fletcher QC).
- Acting
for and advised insurers and insureds in a range of matters
including fraudulent claims/ use of fraudulent devices and
repudiation of policies (2007).
- Cable
& Wireless and Pender v Valentine and Ors (Commercial
Ct; Gloster J 2005-06) - acted on behalf of joint administrators
of Guernsey insurance company defending dishonest assistance
and proprietary claims in an alleged reinsurance fraud (with
Richard Salter QC, settled 12 weeks into trial).
Return to top
Entertainment
and Media
Experience in copyright matters and litigation to recover royalties
in relation to a variety of disputes in this field, involving
parties ranging from recording artists to videogame publishers.
Particular interest in the field of computer and internet based
gaming disputes. Current and recent work includes:
- Advised
a television production company in relation to a dispute
over the rights to exploit title music (2008).
- Acted
for a television production company in a dispute regarding
the exploitation and serialization of a literary work (2008).
- Advised
a hip hop producer and recording artist on publishing contract
and undue influence (2006).
- Crave
Entertainment Ltd v Play It and Ors (Ch D) - acted on
behalf of US video game publisher in dispute over copyright
and licensing issues (with Paul Lowenstein, 2006-2007).
- Greenwood
v Stereophonics (Ch D) - acted for a songwriter in a
copyright claim (with Andrew Sutcliffe QC, settled 2006).
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Professional
Associations
COMBAR
Commercial Fraud Lawyers Association
London
Common Law and Commercial Bar Association
Middle
Temple
New
York State Bar Association
Languages
Conversational French and Sinhala
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