Decades of precedent-setting international arbitration advocacy
Zaiwalla & Co has decades of experience in high-value international arbitration, acting in proceedings that have influenced the development of arbitration law in England and beyond. We are regularly instructed in cross-border disputes, often appearing against the world’s largest law firms on behalf of governments, financial institutions, multinational corporations and high-net-worth individuals.
Our team has appeared before leading arbitral institutions, including the LCIA, ICC, DIFC, DIAC, SIAC and GAFTA. We have a distinguished record in challenging arbitral awards before the High Court, as well as securing recognition and enforcement of awards in England and internationally.
We have been involved in precedent-setting cases such as ASM Shipping v TTMI, which established the apparent bias of an arbitrator, and the Supreme Court decision in Hashwani v Jivraj concerning the appointment of arbitrators. This depth of experience enables us to advise on the drafting of arbitration agreements and to represent clients with authority throughout the arbitral process.
Key Cases Significant International Arbitration Cases
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Zaiwalla & Co Secures Victory for Sharp Corp Limited in a High-Profile GAFTA Case
In a landmark judgment, the UK Supreme Court upheld Sharp Corp Limited’s appeal concerning the correct measure of damages under GAFTA Contract No. 24. The dispute arose after Viterra BV declared Sharp in default under contracts for the sale of Canadian Yellow Peas and Lentils, and secured GAFTA awards of approximately US$6 million based on a notional replacement contract calculated FOB Vancouver. Zaiwalla & Co, acting for Sharp, successfully argued that damages should reflect the actual value of the goods remaining in the seller’s hands at Mundra Port, where they had already been customs cleared. By the time of resale, Indian tariffs had materially increased the value of the goods, rendering the notional calculation inconsistent with the compensatory principle. The Supreme Court confirmed that damages must reflect commercial reality rather than a hypothetical substitute transaction and remitted the matter to the GAFTA Appeal Board for reassessment in line with its guidance.
Landmark Supreme Court Judgment: Zaiwalla & Co Secures Victory for Sharp Corp Limited in a High-Profile GAFTA Case
The UK Supreme Court has delivered a landmark judgment determining the correct measure of damages under a sale of goods contract. This judgment arose from an appeal by Rotterdam-based Viterra BV (formerly known as Glencore Agriculture B.V.) against an English Court of Appeal ruling in favour of Delhi-based buyer Sharp Corp Limited (“Sharp”). The case hinged on the correct method of calculating damages under the Default Clause of GAFTA Contract No. 24.
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When proceedings demand experience and resolve, we provide representation grounded in decades of arbitration success.
