Donny Surtani

As counsel:

• Acted for a consortium of litigation funders in LCIA arbitration proceedings against the parties they had funded, in a dispute concerning the enforceability and performance of rights and obligations under a litigation funding agreement (London seat, English law).
• Advising a listed US corporation on ad-hoc international arbitration claims against a group of international insurers relating to its D&O coverage in connection with settlement costs following a class action (Toronto seat, New York law).
• Acting for an Indian corporate group in an international ad-hoc arbitration claim against a UK counterparty concerning breach of a long-term commodity supply agreement (London seat, English law).
• Advised a British Virgin Islands SPV in an LCIA arbitration against a Cayman private equity vehicle in relation to a joint venture investment in a north Asian infrastructure business, and in related litigation in England’s Commercial Court (London seat, English law).
• Advised a consortium of European banks in LCIA arbitration proceedings against an Eastern European borrower and guarantors, and a related freezing injunction, arising out of alleged fraud in the borrower’s declarations of agricultural inventory (London seat, English law).
• Advised a Chinese investor in relation to quantum and settlement aspects of a large SIAC arbitration claim alleging fraudulent misrepresentation against its European joint venture partner (Singapore seat, English law).
• Advised a Middle Eastern investor in a high value fraud claim under the LCIA-India Rules against its joint venture partner in the agriculture sector (New Delhi seat, Indian law).
• Acted for an Indian telecommunications company on the quantum phase of its US$400 million ICC arbitration dispute seated in The Hague, arising from the construction of a submarine cable system and relating to alleged loss of access to the Indian market (The Hague seat, New York law).
• Advised a FTSE-listed communications company on LCIA proceedings and a related injunction application in a claim relating to termination rights in key infrastructure agreements (London seat, English law).
• Advised an Indian oil exploration company in ICC arbitration proceedings against its rig operator and repair contractor for defective work and overcharging of costs and wages (London seat, English law).
• Advised a Japanese construction business on an LCIA arbitration dispute concerning a Middle Eastern agency relationship (London seat, Japanese law)
• Advised a US energy group in relation to LCIA arbitration proceedings (and related English High Court matters) arising out of an investment into a petrochemicals project (London seat, English law).
• Advised a Russian-owned mining group in relation to LCIA arbitration proceedings (and related southern African litigation) arising out of a failed disposal of a metal mining asset, including complex evidence on real-options cash flow valuation methodologies (London seat, English law).
• Advised the purchaser of a Central Asian energy business in an LCIA arbitration claim against the seller for breach of accounting warranties (London seat, English law)
• Advised a leading US cash fund manager defending an LCIA arbitration claim by a former client for alleged misinterpretation of mandate terms and mismanagement of funds (London seat, English law).
• Advised a large European insurance group on an LCIA arbitration claim against its external fund manager for negligent management of policyholder funds (London seat, English law).

As arbitrator:

• Sole arbitrator in an ad-hoc arbitration dealing with multi-million dollar claims to post-completion payments and escrow monies under a share purchase agreement (Toronto seat, Ontario law).
• Party-nominated arbitrator in an ad-hoc arbitration concerning buy-out rights in a joint venture (Toronto seat, Ontario law).
• Sole arbitrator in an ICC arbitration relating to rights under an intellectual property licensing agreement between a US party and a Brazilian party (Toronto seat, California law).
• Sole arbitrator in a residential construction contract dispute under VanIAC Rules, relating to issues of cost overruns, design variations and quantum meruit (Vancouver seat, British Columbia law).
• Sole arbitrator in a residential construction contract dispute under VanIAC Rules, relating to rights under a Certificate of Payment (Vancouver seat, British Columbia law).

• Advised a specialist Luxembourg fund in the enforcement of a loan agreement against a Cypriot borrower, including securing an order imposing a payment condition on the defendant’s right to defend the claim.
• Advised a multinational construction company on its prospective English High Court claim against a major European investment bank for dishonest assistance and/or breach of the Quincecare duty.
• Advised a consortium of European banks in LCIA arbitration proceedings against an Eastern European borrower and guarantors, and a related freezing injunction, arising out of alleged fraud in the borrower’s declarations of agricultural inventory.
• Advised the Royal Bank of Scotland and its former directors in their defence of a £4 billion prospectus liability claim in the English High Court by approximately 40,000 investors in connection with the bank’s 2008 equity fundraising.
• Advised UBS AG in its successful defence of a claim relating to a transaction under a 1992 form ISDA Master Agreement brought by administrators of Kaupthing UK in both the English Commercial Court and Court of Appeal (with New York law aspects).
• Advised a leading US cash fund manager defending an LCIA arbitration claim by a former client for alleged misinterpretation of mandate terms and mismanagement of funds (London seat, English law).

• Sole arbitrator in an ad-hoc arbitration dealing with multi-million dollar claims to post-completion payments and escrow monies under a share purchase agreement (Toronto seat, Ontario law).
• Party-nominated arbitrator in a dispute concerning buy-out rights in a joint venture.
• Advised a British Virgin Islands SPV in an LCIA arbitration against a Cayman private equity vehicle in relation to a joint venture investment in a north Asian infrastructure business, and in related litigation in England’s Commercial Court.
• Advised a Chinese investor in relation to quantum and settlement aspects of a large SIAC arbitration claim alleging fraudulent misrepresentation against its European joint venture partner.
• Advised a Middle Eastern investor in a high value fraud claim under the LCIA-India Rules against its joint venture partner in the agriculture sector.
• Advised a Cayman limited partner on a just and equitable winding up petition relating to alleged fraudulent self-dealing by the majority partners.
• Advised a UK shipping business on the terms of its separation from its former joint venture partner under an expert determination procedure.

• Advising a listed US corporation on ad-hoc international arbitration claims against a group of international insurers relating to its D&O coverage in connection with settlement costs following a class action.
• Advising a major aircraft lessor on contingent and possessed coverage claims arising out of terminations of leasing arrangements following Russia’s invasion of Ukraine
• Advising a leading hospitality group on nine-figure business interruption claims resulting from Covid-19.
• Advised Single Buoy Moorings on its $1.3 billion coverage claim in the English High Court arising out of the abandonment of a mobile offshore oil production unit in the Norwegian North Sea.
• Advised a large retail group on contribution proceedings against a global insurance firm in connection with liabilities flowing from the mis-selling of consumer insurance products.
• Advised a European insurance firm on liabilities flowing from the sale of its UK insurance business and claims for contribution against the other selling shareholders.
• Advised a major UK insurance broker on the prospective mediation/settlement strategy of a claim brought against it by a Northern European regulatory authority.
• Settlement counsel for two UK financial institutions in coverage disputes with their insurers in connection with compensation payments made to their customers.

• Advised Single Buoy Moorings on its $1.3 billion coverage claim in the English High Court arising out of the abandonment of a mobile offshore oil production unit in the Norwegian North Sea.
• Acted for an Indian telecommunications company on the quantum phase of its US$400 million ICC arbitration dispute seated in The Hague, arising from the construction of a submarine cable system and relating to alleged loss of access to the Indian market.
• Acting for an international energy construction group in Commercial Court litigation concerning the terms on which it terminated its relationship with a former business counterparty.
• Advised a Japanese construction business on an LCIA arbitration dispute concerning a Middle Eastern agency relationship.
• Acted for a FTSE-listed communications company on LCIA proceedings and a related injunction application in a claim relating to termination rights in key infrastructure and supply agreements.

• Acting for an Indian corporate group in an international ad-hoc arbitration claim against a UK counterparty concerning breach of a long-term commodity supply agreement.
• Advised a US energy group in relation to LCIA arbitration proceedings (and related English High Court matters) arising out of an investment into a petrochemicals project.
• Advised a Russian-owned mining group in relation to LCIA arbitration proceedings (and related southern African litigation) arising out of a failed disposal of a metal mining asset, including complex evidence on real-options cash flow valuation methodologies.
• Advised the purchaser of a Central Asian energy business in an LCIA arbitration claim against the seller for breach of accounting warranties.