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Donny Surtani

Call 2020

"A first rate advocate with a modern, solutions-oriented outlook: clever, responsive and commercial in his approach."
(Partner, Herbert Smith Freehills)

International Arbitration

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).

Selected Cases

View full profile »

Awards


  • LSE Hughes Parry Prize – Law of Obligations (2001)
  • CIMA Leverhulme Prize – Management Accounting Applications (1997)

News


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Articles


Qualifications


  • Chartered Institute of Management Accountants (CIMA) professional examinations all stages
  • LLB (Hons), London School of Economics
  •  LPC, BPP Law School
  • Solicitor, England & Wales
  • Solicitor-Advocate, England & Wales
  • Accredited Mediator, Centre for Effective Dispute Resolution
  • Fellow, Chartered Institute of Arbitrators

Recent Publications

  • Guide to Effective Conflict Management – International Chamber of Commerce, July 2023 (contributing author)
  • Durable as gold: Canada’s 1989 investment treaty with the USSR is binding on Kazakhstan (2022) 3:1 Can J Comm Arb 137-143
  • Arbitration – 2021 in review: reasons (for claimants) to be cheerful – New Law Journal, 2022, 17
  • What is the investment value of a dispute? (with M.L. McGrath) – Thomson Reuters Westlaw, October 2021
  • Setting aside arbitral awards: warnings from the common law courts – Lexis Middle East Journal, August/September 2021

Recommendations


“Donny has a very crisp style in both his written and oral advocacy. He cuts to the core of the issues in dispute and presents them in a concise yet persuasive manner.”

Leading International Arbitration Silk

“He really excels in dealing with financial matters for which he has a natural aptitude far beyond the reach of most lawyers.”

Leading International Arbitration Silk

“A first rate advocate with a modern, solutions-oriented outlook: clever, responsive and commercial in his approach.”

Partner, Herbert Smith Freehills

“An extremely bright and able lawyer: always in control even in the most difficult cases, Donny’s calm and measured approach always inspires confidence.”

Partner, Herbert Smith Freehills

“… an excellent junior … He is exceptionally bright and hard-working … He has the ability to take a case and analyse the issues clearly, succinctly and with insight and judgment. He is particularly strong on matters where his numeracy and analytical skills can be brought to bear. I would not hesitate to recommend him as junior counsel on a matter.”

Partner, Stewarts

“Donny is that rare breed of advocate who can jump seamlessly between big picture strategy and key technical detail whilst always having an eye on damages/quantum and client objectives. Donny is also great to work with.”

Managing Partners, Global Litigation Funder


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