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Chirag Karia QC

Chirag Karia QC

Contact information

Quadrant House
10 Fleet Street
London EC4Y 1AU

  • Tel. +44 20 7583 4444
  • Fax +44 20 7583 4455

DX 292 London
Chancery Lane


  • Academic

    MA (Cantab.); LL.M. (Boalt Hall, UC Berkeley)

     

  • Academic Prizes / Scholarships

    Slaughter & May Prize (top 1st in Law), University of Cambridge; Denning Scholar, Lincoln's Inn; Council of Legal Education Studentship; Harkness Fellow, Commonwealth Fund of New York

     

  • Other qualifications

    Attorney-at-Law (California)

     

  • Appointments

    Examiner of the Court

     

  • Languages

    Gujarati (spoken)

     

  • Publications

    Butterworths Commercial Court & Arbitration Pleadings, Joint General Editor.

    The “fraudulent device” defence: justice, proportionality and human rights, Insurance Day, 27 Nov 2013.

    Fortuity, inevitability and negligence, Insurance Day, 23 Oct 2013.

    Fortuity, inevitability and crew negligence, Maritime Risk International, 10 Oct 2013


  • Memberships

    Committee Member, London Common Law & Commercial Bar Association; COMBAR; Denning Society; State Bar of California

     

  • In-house experience

    Practised as commercial litigator/attorney in California for 10 years.

     

  • Called: 1988
  • Silk: 2012
  • Lincoln's Inn

Chirag has a broad commercial, shipping, insurance and international trade practice. He appears regularly in the Commercial Court, the Court of Appeal and commercial arbitrations and also appears in the Chancery Division. His cases range from charterparty, insurance, bill of lading and commodities disputes to complex oil & gas, share purchase, conflicts of laws and arbitration matters. Chirag graduated from Cambridge University with the top first in his year (winning the Slaughter and May Prize) and achieved First Class Honours in all three parts of the Law Tripos.

Chirag is also a qualified attorney admitted to practice before all the Federal and State Courts in California, where he practiced for 10 years prior to returning to the Bar. Chirag's US practice consisted of a wide range of commercial work, including international trade, oil and gas law, banking, securities fraud, conflicts of laws and intellectual property law. He has a number of reported Federal Court decisions.

Chirag is listed as a 'Leading Silk' in the current edition of Chambers UK. Recent praise has included:

  • His diligent approach towards difficult and complex cases, combined with his detailed knowledge of the law, produces superb results(Chambers UK)
    “one of the most user-friendly, hardworking and effective barristers at the Bar” (The Legal 500)
  • “a very able barrister who works hard to produce an excellent level of service” (Chambers UK)
  • “has a complete grasp of the facts and legal issues, and the intellectual ability to make full use of that knowledge” (The Legal 500)

 

Practice areas

Commercial Litigation

  • Guava International Ltd & Others v Delunas (2013) (Chancery Division) (leading Turlough Stone of Chambers) (large ongoing multi-jurisdictional partnership, agency and passing-off dispute arising from a long-term business relationship involved in supplying equipment and fuel to the US Army and other governmental and non-governmental organisations in post-Taleban Afghanistan).
  • Bikam OOD v. Adria Cable S.a.r.l. [2013] EWHC 1985 (Comm) (leading Ben Gardner and Emily McCrea-Theaker of Chambers) (Share Purchase Agreement dispute concerning alleged breaches of warranties, validity of net-debt assessment and complex accounting and valuation issues arising from sale of Bulgarian satellite TV company to London private equity firm; "subscriber" held to mean "subscription", not "individual", as a result of factual matrix evidence; judgment in favour of Chirag's clients).
  • Bikam OOD v. Adria Cable S.a.r.l. [2012] EWHC 621 (Comm) (claims for pre-contractual misrepresentation allegedly inducing share purchase agreement barred by entire agreement and waiver of representations clauses).
  • Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd ("The Sylvia") [2010] 2 Lloyd's Rep. 81 (test for remoteness of damages in contract after the decision of the House of Lords in The Achilleas [2009] 1 AC 61).
  • Transportation & Logistic Consulting SA v Schlumberger Seaco Inc [2009] EWHC 120 (Comm) (Comm Ct) (agent's entitlement to reimbursement of fines paid to Equatorial Guinean Customs and Prime Minister; bribery/illegality; US Federal Corrupt Practices Act).
  • Byrne v. Churchbury Homes Ltd (2008) (Ch.D) (dispute as to existence and terms of oral partnership; settled).
  • Belco Trading Co v. Kordo [2008] EWCA Civ 205 (CA) (whether after-the-event insurance adequate security for security for costs order).
  • Belco Trading Co v. Kordo (2009, Ch.D) (whether claimant wrongfully ejected from partnership for production of Russian version of "Who Wants to be a Millionaire"; quantification of damages) (action settled).
  • Mediterranean Shipping Company v. OMG International & Ors [2008] EWHC 2150 (Comm) (relevant factors for worldwide freezing injunction against non-resident party; necessity for international cooperation against fraud; addition of parties after summary judgment against existing defendant).
  • Canmer International Inc v. UK Mutual Steamship Assurance Association (Bermuda) Ltd ("The Rays") [2005] 2 Lloyd`s Rep. 479 (Comm Ct) (whether P & I Club letter of undertaking imposing primary or secondary payment obligation; requirements for effective payment; relationship of related arbitral awards).
  • Ali Reza Delta Transport Co. Ltd. v. United Arab Shipping Co. SAG [2003] 2 Lloyd's Rep 450 (CA) (correct measure and quantification of damages for destruction of property where no market in country of loss).
  • Power Pacific v. International Power Plc (Comm Ct) (2002) (dispute between publicly traded power company and facilitators involving development of power projects in China; settled).

 

Insurance & Reinsurance

  • Versloot Dredging BV v. HDI Gerling Industrie Versicherung AG ("The DC Merwestone") [2013] 2 Lloyd's Rep. 131 (leading Tom Bird of Chambers) (H&M insurance coverage dispute; scope of "perils of the sea" cover & fortuity requirement; scope and status of "fraudulent device" defence; Inchmaree clause & scope of "want of due diligence" proviso; section 39(5) MIA "privity of owners" defence).
  • Belco Trading Co v. Kordo [2008] EWCA Civ 205 (CA) (whether after-the-event insurance adequate security for security for costs order).
  • The Marathon (Comm Ct) (hull damage claim; dispute as to timing of casualty and applicable policy year; settled).
  • The Amderma & Industrial Bridge (Comm Ct) (coverage dispute under shipowners' liability (SOL) insurance for misdelivery liability resulting from delivery of cargo without production of bills of lading; dispute as to scope of cover and compliance with claim notification clauses).
  • London Arbitration (existence and scope of loss adjusters' lien over insurance claim files for fees due; whether lien particular or general; applicability and effect of the Contracts (Rights of Third Parties) Act 1999).
  • Expert Legal Opinion to Croatian Court (scope of insurance coverage settlement agreement and its effect on 3rd party rights under the Third Parties (Rights Against Insurers) Act 1930.)

 

Dry Shipping, Commodities & Transport

  • Great Elephant Corp. v. Trafigura Beheer BV ("The Crudesky") [2014] 1 Lloyd's Rep. 1 (CA) (whether seller/shipper at the bottom of sale contracts chain constituted an "agent" of charterer under charterparty and sale contracts; whether governmental detention and fine following loading of oil in breach of regulations amounted to force majeure/restraint of princes and/or novus actus interveniens).
  • Proton Energy Group SA v. Public Company Orlen Lietuva [2014] 1 Lloyd's Rep. 100 (leading Tom Bird of Chambers) (whether binding CIF contract for sale concluded; whether buyer entitled to reject off-spec product; whether defect in quality amounted to breach of section 13 SOGA implied condition as to correspondence with description).
  • Metall Market OOO v. Vitorio Shipping ("The Lehmann Timber") [2013] 2 Lloyd's Rep. 541 (CA) (recoverability of storage and other expenses of exercising lien for general average contribution resulting from piracy; whether lien lost by acceptance of cargo insurers' guarantee).
  • Chambal Fertilisers And Chemicals Ltd v. Trafigura Beheer BV ("The Ratna Shradha") [2013] EWCA Civ 746 (CA)(multi-party dispute as to title to US$60 million consignment of oil resulting from international dispute between Sudan and the recently seceded South Sudan raising complex jurisdictional & sovereign immunity issues; settled).
  • Owneast Shipping Limited v. Qatar Navigation QSC ("The Qatar Star") [2011] 1 Lloyd's Rep. 350 (construction and effect of standard anti-technicality clause in time charter; whether "intention" encompasses recklessness; effect of wrongful deductions from hire).
  • Charterparty Arbitration (2011) (leading Stephanie Barrett of Chambers) (successful claim against oil major for repudiation of charterparty; loss of oil major approval held not to constitute inability to trade to "any port of place" so as to justify cancellation; meaning of "available market" after wrongful cancellation).
  • Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd ("The Sylvia") [2010] 2 Lloyd's Rep. 81 (test for remoteness of damages in contract after the decision of the House of Lords in The Achilleas [2009] 1 AC 61; recoverability of charterers' loss of profits for sub-charter lost due to owners' breach of charter).
  • Onego Shipping & Chartering BV v JSC Arcadia Shipping ("The Socol 3") [2010] 2 Lloyd's Rep. 221 (Applicability of cl. 13(b) NPYE 93 form's indemnity to losses caused by indemnified party's negligence and ship's unseaworthiness; Adamastos (HL) and verbal manipulation of wording of Hague-Visby Rules).
  • Choil Trading SA v Sahara Energy Resources Ltd [2010] EWHC 374 (Comm) (Quantification of damages for delivery of contaminated goods under FOB contract; recoverability of hedging losses; construction of exemption and time bar clauses).
  • Transportation & Logistic Consulting SA v Schlumberger Seaco Inc [2009] EWHC 120 (Comm) (Comm Ct) (maritime agent's entitlement to reimbursement of fines paid to Equatorial Guinean Customs and Prime Minister; bribery/illegality; US Federal Corrupt Practices Act).
  • Nakanishi Kikai Kogyosho Ltd v. Intermare Transport Gmbh [2009] EWHC 994 (Comm) (determining identity of charterer under repudiated charterparties).
  • Ship Building Arbitration (2009) (successfully obtained anti-suit and anti-arrest injunctions and specific performance decrees requiring shipbuilders to complete and deliver newbuilding from London arbitral tribunal).
  • Charterparty Arbitration (2009) (construction and applicability of NYPE 93 form's deck cargo indemnity ).
  • Mediterranean Shipping Company v. OMG International & Ors [2008] EWHC 2150 (Comm) (Comm Ct) (relevant factors for worldwide freezing injunction against non-resident party; necessity for international cooperation against fraud in shipping industry; addition of parties after summary judgment against existing defendant).
  • The MSC Amsterdam [2007] 2 Lloyd's Rep. 622 (CA) (Temporal scope of the Hague/Hague-Visby Rules; Applicability of Art. IV(5) package limit to misdelivery; effect of Paramount Clauses; measure of damages for conversion).
  • Canmer International Inc v. UK Mutual Steamship Assurance Association (Bermuda) Ltd ("The Rays") [2005] 2 Lloyd's Rep. 479 (Comm Ct) (whether P & I Club letter of undertaking imposing primary or secondary payment obligation; requirements for effective payment; relationship of related arbitral awards).
  • Haughland Tankers AS v. RMK Marine Gemi Yapim Sanayii ve Deniz Tasimaciligi Isletmesi AS [2005] 1 Lloyd's Rep 573 (Comm Ct) (whether payment of commitment fee a condition precedent to valid exercise of option to purchase newbuilding; whether time of the essence).
  • Ali Reza Delta Transport Co. Ltd. v. United Arab Shipping Co. SAG [2003] 2 Lloyd's Rep 450 (CA) (correct measure and quantification of damages for destruction of port's cargo handling equipment where no market in country of loss).
  • Ali Reza Delta Transport Co. Ltd. v. United Arab Shipping Co. SAG (No. 2) [2004] 1 WLR 168 (CA) (indemnity costs under CPR, Part 36; effectiveness of concession on "uplift" interest).
  • Middle East Tankers v. ADCL [2002] 2 Lloyd`s Rep. 643 (Comm Ct) (prorogation of jurisdiction under Art. 17 of the Lugano Convention/Art. 23 Regulation (EC) 44/2001).

International Arbitration

  • ICC Arbitration (2012) (Successful claims in ICC arbitration under contracts for the provision of blow out preventer and under rig management agreement for oil rig management services).
  • LCIA Arbitration (2012) (successful claim in LCIA arbitration applying Iraqi substantive and procedural law in dispute involving claims and counterclaims under numerous separate sales and purchases over a number of years under long-term umbrella contracts).
  • Norscot Rig Management PVT Ltd v. Essar Oilfields Services Ltd [2010] 2 Lloyd's Rep. 209 (Whether Fiona Trust v. Privalov (HL) has the effect of applying an arbitration clause in a subsequent contract retroactively to disputes arising under a separate earlier contract so as to give the ICC arbitral tribunal jurisdiction over those disputes).
  • ICC Arbitration (2010) (dispute re international CFR sale of goods contract).
  • Ship Building Arbitration (2009) (successfully obtained anti-suit and anti-arrest injunctions and specific performance decrees requiring shipbuilders to complete and deliver newbuilding from London arbitral tribunal).
  • The Stelios B [2006] EWHC 672 (Comm) (interim relief under section 44 of the Arbitration Act 1996).
  • Karle & Fuhrmann Marine and Industrie Reparatur GMBH v. Reederei Nord Klaus E. Oldendorff Ltd [2006] EWHC 3730 (Comm) (scope of arbitrator's discretion as to procedure, evidence and the award of interest and costs).
  • Danko International B.V.i.o. v. Faucon Investment Co. [2006] EWHC 3729 (Comm) (exercise of Court's discretion to require payment of full award into Court pursuant to section 70(7) of the Arbitration Act 1996 as condition of maintaining challenge for serious irregularity under section 68).
  • Tame Shipping Ltd. v. Easy Navigation Ltd. ("The Easy Rider") [2004] 2 Lloyd`s Rep. 626 (Comm Ct) (use of confidential "privileged" reasons to challenge unreasoned award for serious irregularity under section 68 of the Arbitration Act 1996; improper use of section 68 to challenge arbitrator`s conclusion of law).

 

Conflicts of Laws

  • Africa Express Line Limited v. Socofi S.A. & anr [2010] 2 Lloyd's Rep. 181 (Successfully challenged English court's jurisdiction under Article 23 of the EU Judgments Regulation; exclusive English jurisdiction clause held not incorporated by general incorporation of terms from a separate third-party contract).
  • Ploskie Ratownictwo Okretowe v. Rallo Vito & C. SNC [2010] 1 Lloyd's Rep. 384 (Successfully defeated challenge to English court jurisdiction under Article 23 of the EU Judgments Regulation; exclusive English jurisdiction clause held incorporated by general incorporation standard industry form/terms despite defendant's ignorance of presence of jurisdiction clause in that form).
  • Mediterranean Shipping Company v. OMG International & Ors [2008] EWHC 2150 (Comm) (relevant factors for worldwide freezing injunction against non-resident party; necessity for international cooperation against fraud; addition of parties after summary judgment against existing defendant).
  • Middle East Tankers v. ADCL [2002] 2 Lloyd's Rep. 643 (Comm Ct) (prorogation of jurisdiction under Art. 17 of the Lugano Convention/Art. 23 Regulation (EC) 44/2001).
  • SEC v. Credit Bancorp [2001] All ER (D) (QBD) (enforcement under Evidence (Proceedings in Other Jurisdictions) Act 1975 of US Court's request for deposition for use in US securities fraud proceedings).
  • Ward v. Public Services Mutual Insurance Co. [2000] All ER (D) 2300 (Comm Ct) (application to set aside leave to serve out, forum non conveniens & lis alibi pendens).

 

Civil Procedure

  • Verslot Dredging BV v HDI Gerling Versicherung AG [2013] EWHC 581 (Comm) ("no property in witness"; right of party to interview opponent's expert witness; scope of confidentiality and privilege and effect of law of contempt of court).
  • Verslot Dredging BV v HDI Gerling Versicherung AG [2013] EWHC 658 (Comm) (variation of order for security for costs to allow deed of indemnity from a creditworthy insurance company in place of first class London bank guarantee)
  • Africa Express Line Limited v. Socofi S.A. & anr [2010] 2 Lloyd's Rep. 181 (Successfully challenged English court's jurisdiction under Article 23 of the EU Judgments Regulation; exclusive English jurisdiction clause held not incorporated by general incorporation of terms from a separate third-party contract).
  • Ploskie Ratownictwo Okretowe v. Rallo Vito & C. SNC [2010] 1 Lloyd's Rep. 384 (Successfully defeated challenge to English court jurisdiction under Article 23 of the EU Judgments Regulation; exclusive English jurisdiction clause held incorporated by general incorporation standard industry form/terms despite defendant's ignorance of presence of jurisdiction clause in that form).
  • Belco Trading Co v. Kordo [2008] EWCA Civ 205 (CA) (whether after-the-event insurance adequate security for security for costs order).
  • The Krysia and Europa (No. 2) [2008] 2 Lloyd's Rep. 707 (whether successful claimant's costs to be reduced as result of finding of contributory negligence). 
  • Mediterranean Shipping Company v. OMG International & Ors [2008] EWHC 2150 (Comm) (relevant factors for worldwide freezing injunction against non-resident party; necessity for international cooperation against fraud; addition of parties after summary judgment against existing defendant).
  • Ali Reza Delta Transport Co. Ltd. v. United Arab Shipping Co. SAG (No. 2) [2004] 1 WLR 168 (CA) (indemnity costs under CPR, Part 36; effectiveness of concession on "uplift" interest).
  • Middle East Tankers v. ADCL [2002] 2 Lloyd`s Rep. 643 (Comm Ct) (prorogation of jurisdiction under Art. 17 of the Lugano Convention/Art. 23 Regulation (EC) 44/2001).
  • SEC v. Credit Bancorp [2001] All ER (D) (QBD) (enforcement under Evidence (Proceedings in Other Jurisdictions) Act 1975 of US Court's request for deposition for use in US securities fraud proceedings).
  • Ward v. Public Services Mutual Insurance Co. [2000] All ER (D) 2300 (Comm Ct) (application to set aside leave to serve out, forum non conveniens & lis alibi pendens).

 

Salvage, Collision & Admiralty

  • The Krysia and Europa [2008] 2 Lloyd's Rep. 570 (propeller fouling caused by dangerous fendering; contributory negligence)
  • The Krysia and Europa (No. 2) [2008] 2 Lloyd's Rep. 707 (whether costs of successful claimant in collision action to be reduced as result of finding of contributory negligence/proportionate fault). 
  • Vessel SA v. CP Ships (UK) Ltd [2004] EWHC 3305 (QB) (Admiralty Court's jurisdiction to grant a limitation decree under the 1976 Limitation Convention in the absence of proceedings within the jurisdiction).
Full detail on selected areas will be included in the downloadable PDF.


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