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

Rajesh Pillai undertakes commercial litigation and advisory work. He is recommended for Commercial Dispute Resolution in Chambers UK and Chambers Global (2008). His practice covers a variety of different commercial disputes with a focus on banking, fraud, insolvency, company law, entertainment law, insurance and reinsurance and professional negligence. He has appeared both as sole advocate and as a junior before a variety of tribunals in trials, summary judgment and strike-out applications, injunctions and appeal hearings.

Rajesh acts for domestic and international clients. He recently acted on behalf of a foreign government in MODSAF v FAZ Aviation and Anor in proceedings to recover US$120m in respect of an alleged aircraft procurement fraud. He has experience of conflicts of law issues that often arise in disputes that have an international element. Rajesh's mainstream commercial work is reflected by his appearance (at first instance and on appeal) on behalf of the claimant investment fund in IFE v Goldman Sachs. He also acted for a Kuwaiti publishing company in a recent QB trial regarding a worldwide agency and distribution agreement.

Rajesh is admitted to the New York Bar and is available for instruction in domestic and international arbitrations. He is currently acting for a multinational corporation in two arbitrations based in Eastern Europe. In 2004 Rajesh gained experience in inter-state trade disputes as an intern to the Appellate Body of the World Trade Organisation (WTO). In March 2008 he was appointed Junior Counsel to the Crown (C Panel).

• IFE Fund SA v Goldman Sachs International (2007) 1 Lloyd's Rep 264 (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 (led by Jonathan Nash QC);
  
  
• Post Scriptum Ltd v Dar Al Watan KSC (2007) (QBD Field J); (see LTL 19/11/07 judgment on amendment application on first day of trial) - acted as 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, claim settled prior to closings on final day of trial;
  
  
• Acting on behalf of a multinational corporation in two substantial ongoing international arbitrations involving UK and foreign parties; both arbitrations are based in Eastern Europe under local arbitration rules (2007 - 2008);
  
  
• Acting in a professional negligence claim against surveyor (trial due QBD summer 2008);
  
  
• Advising on validity of arbitration clauses and the finality of trade association (International Cotton Association) arbitration awards (2007);
  
  
• Advising UK online recruitment company claiming damages in dispute over contract terms and service-provision under a webhosting contract (TCC 2007);
  
  
• Advising major UK telecommunications company on contractual issues relating to debt recovery and exclusion clauses under UCTA (2006);
  
  
• Universal Document Management v Business F1; CA - instructed as sole advocate in application for permission to appeal in dispute relating to publication of Formula 1 industry magazine (2006).
  Return to top

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. Current and recent work has involved injunction proceedings in the Commercial Court and conflicts of law issues and includes:

• MODSAF v FAZ Aviation and Anor [2007] EWHC 1042 (Comm); [2007] I.L.Pr.42 - 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 (leading case on corporate domicile at date proceedings issued). Also advised on the relationship between civil actions and criminal restraint orders (led by David Quest);
  
  
• SecTrack NV v Satamatics Ltd and Anor [2007] EWHC 3003 (Comm) - acting 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 involves, inter alia, alleged breaches of confidence, dishonest assistance and conspiracy. Dispute also involves choice of law issues and domestic jurisdiction under EC Regulation 44/2001 (corporate/employee domicile) (led by Paul Lowenstein) (trial due spring 2008);
  
  
• N plc v M and Ors; Ch D - acted for claimant in obtaining search and freezing orders in relation to bribery and fraud claims (part of counsel team led by Andrew Onslow QC, 2006);
  
  
• Cable & Wireless and Pender v Valentine and Ors; Comm Ct - 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 2005-06);
  
  
• Simply Loans v Wood and Ors [2006] All ER (D) 222 (Feb) - 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 (2006).
  Return to top
  

Banking & Financial Services

Acts on behalf of domestic and international banks, building societies, investment funds and other financial institutions. Specializes in commercial and retail banking disputes arising out of banker-customer contracts, negligence, breach of mandate and inter-bank transactions, money-laundering/POCA, regulatory issues and in enforcing securities further to mortgages and guarantees. Current and recent work includes:

• IFE Fund SA v Goldman Sachs International (see commercial litigation above);
  
  
• Acting for banks in disputes relating to discretionary variation of interest rates and early repayments under secured loan agreements (2006-07);
  
  
• Acting on behalf of a major clearing bank that was respondent to a freezing order, matter settled after return date (2007);
  
  
• Advising in relation to guarantees and discharge of guarantors (2005 onwards);
  
  
• Acting for and advising banks and other financial institutions in litigation over banker-customer (both corporate and consumer) contract terms and alleged penalty charges (2005 onwards);
  
  
• Tumber v Shore Capital and Halifax Share Dealing Ltd - instructed on behalf of Halifax in successful defence of claim by investor for damages arising out of share trading contracts under LSE rules (FT 13/9/05, The Times 23/8/05).
  Return to top
  

Company Law and Insolvency

Advises on a variety of company law issues, especially in relation to directors' duties and shareholder disputes (see also commercial fraud above). Current and recent work includes:

• Stone v X Ltd; Ch D - instructed on behalf of company and directors responding to s459 petition and questions relating to corporate governance and share valuations (2004-06);
  
  
• Corporate insolvency work in the High Court on behalf of creditors and respondent companies. Also acts for and against liquidators, administrators and receivers (see also commercial fraud above);
  
  
• Personal insolvency work includes acting for trustees in bankruptcy with a focus on asset recovery and disputes relating to trusts and beneficial interests. Rajesh also acts on appeals in the High Court in relation to bankruptcy matters;
  
  
• Hill v RFS Limited [2006] All ER (D) 227 (Nov) - acted for creditor finance company in appeal from application to dismiss statutory demand (2006).
  Return to top
  

Entertainment and Media

Rajesh has 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. He is particularly interested in the developing field of computer and internet based gaming disputes. Current and recent work includes:

• Advising a television production company in relation to a dispute over the rights to exploit title music (2007);
  
  
• Acting for a television production company in a dispute regarding the exploitation and serialization of a literary work (2007);
  
  
• Advising 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 (led by Paul Lowenstein, 2006-2007);
  
  
• Greenwood v Stereophonics; Ch D - acted for a songwriter in a copyright claim (led by Andrew Sutcliffe QC, settled 2006).
  Return to top

• Acted for and advised insurers and insureds in a range of matters including fraudulent claims/ use of fraudulent devices and repudiation of policies (2006-2007);
  
  
• Cable & Wireless and Pender v Valentine and Ors; Comm Ct – see above, acted for administrators of Guernsey insurance company (2005-06).
  Return to top

Publications and Articles

• Part-time Lecturer at the London School of Economics on Commercial Law LLM course
  
  
• '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
  

Professional Memberships

Awards

Middle Temple Scholar