Vasanti Selvaratnam KC > The 36 Group > London, England > Barrister Profile
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Vasanti Selvaratnam KC
Work Department
36 Stone
Position
Vasanti Selvaratnam KC is a senior Silk practising as Counsel and International Arbitrator within 36 Stone and joint head of Chambers of The 36 Group from 2018 to 2023.
Her practice embraces all aspects of international commercial litigation and arbitration, including shipping (wet, dry and shipbuilding), commodities, banking and finance, conflict of law and jurisdiction disputes, all forms of interim urgent relief, including freezing orders and anti-suit injunctions, and civil fraud. She is particularly noted for her user friendly hands-on approach to cases and for her ability quickly to get to grips with disputes raising complex factual and technical issues which require a sound grasp of expert evidence and mastery of detail.
As Counsel
Clients include the major P&I clubs, shipowners, charterers and salvors as well as large commercial organisations involved in commercial court litigation or international commercial arbitration in non-shipping matters.
Recent notable cases include; The Alexandra 1 (2021), the leading case in the Supreme Court on the scope of the Crossing Rule in the International Collision Regulations; Rubicon Vantage v KrisEnergy [2019] EWHC 2012 (Comm), the first reported case to consider a hybrid guarantee which is part “on demand” and part “see to it” and the role of the Marubeni principle in relation to construction of the scope of the “on demand” portion of the guarantee; Emirates Trading Agency LLC v PMEPL [2014] 2 Lloyd’s Rep 457, regarding friendly discussions clause a condition precedent to right to commence arbitration; she is appearing in the Supreme Court in RTI v MUR, an important case on the meaning of reasonable endeavours in a force majeure clause in the context of sanctions against Russia and currency of payment.
As Arbitrator:
Vasanti Selvaratnam KC has significant experience of dispute resolution in both a judicial and quasi-judicial capacity. She was appointed a Recorder in 1999, is an accredited mediator, and receives regular appointments to act as an arbitrator across a wide range of industry sectors, including but not limited to shipping and international trade disputes.
She accepts appointments under all the major industry rules, including LCIA, ICC, LMAA, LOF, SCMA, SIAC, HKIAC and UNCITRAL and has particular expertise in cases raising complex technical issues as well as novel or difficult points on assessment of damages.
Recent arbitrations include; Chair of an LCIA Panel relation to disputes under contract relating to the sale of crude oil. Chair of an ICC Panel relating to contractual disputes governed by Iraq law concerning removal of unexploded materials at Basrah port. Sole arbitrator in an UNCITRAL governed dispute relating to disputes under a guarantee (appointed by the LCIA). Co-arbitrator in an ICC India law governed and seated matter in the pharmaceutical sector. Numerous LOF appointments by Lloyds Salvage Arbitration Branch, including an ongoing matter which involves the largest LOF fund since records began. Numerous LMAA party appointments, including by well-known oil and commodity traders.
Her expertise was acknowledged again when she was announced as the highest ranked member of the UK Bar to feature in ‘All About Shipping’s Top 100 women in shipping for 2019’; a list of remarkable women who have substantially contributed to the international maritime industry over the years. She has been shortlisted by Legal 500 as Shipping Silk of the Year 2023.
Career
Called 1983 Middle Temple; Recorder 2000-2018; Queen’s Counsel 2001. Bencher of Middle Temple. Joint Head of The 36 Group 2019.
Languages
Working knowledge French
Memberships
ICC, LCIA, COMBAR, BMLA, LMAA (supporting), LSLC (head of education sub-committee), ICCA, SIAC Panel Member; SCMA Panel Member; HKIAC Panel Member.
Education
St Augustine’s Priory Ealing; King’s College, London (1982 LLB; 1984 LLM Hons 1st).
Leisure
Foreign travel.
Lawyer Rankings
London Bar > Shipping
(Leading Silks)Ranked: Tier 2Vasanti Selvaratnam KC–The 36 Group ‘An absolutely excellent advocate and is hugely respected by judges and arbitrators.’
Hailed as ‘an excellent shipping set with real depth‘, The 36 Group is noted for its strengths across shipping, where the set’s capabilities extend to issues arising out of contracts, transactions, as well as collisions and salvage. Elizabeth Blackburn KC continues to have a vibrant practice, with cases including the infamous Ever Given. A collision in the Singapore Strait was at the centre of The Wilforce, which saw involvement from Vasanti Selvaratnam KC and constituted the first time that liability for a collision in a precautionary area was considered. Mark Jones features in the Polar, a long-running case arising out of the hijacking of a vessel by Somali pirates that has been granted permission to appeal by the Supreme Court in 2022. Turning to more junior names, Emile Yusupoff and Andrew Ng are being led by leading silks or acting as sole counsel in shipping arbitration and litigation.
London Bar > Commodities
(Leading Silks)Ranked: Tier 3Vasanti Selvaratnam KC – The 36 Group ‘Vasanti is clever and methodical and could be one of the greats.’
The 36 Group has ‘an unbeatable reputation in shipping and international trade law’ and clients note that it is ‘an excellent set, professional and approachable’. A dedicated commodities, shipping and international trade set, its members are known for their expertise in commodities issues arising in shipping contexts and their work spans many commodities markets, among them metals, petroleum products, grain and foodstuffs. Vasanti Selvaratnam KC is the set’s most prominent silk and she has recently been involved in numerous commodities and shipping disputes arising out of the inability of vessels to discharge their cargos in Ukraine, including RTI Ltd v Cargill Ocean Transportation Singapore Pte Ltd and Cargill International SA, in which she acted for the claimant. Ravi Aswani is a leading junior in the commodities space and was recently instructed by the claimant in an arbitration concerning an attempt to export crude oil out of Venezuela, which gave rise to novel sanctions-related issues.
London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 4Vasanti Selvaratnam KC –The 36 Group ‘Vasanti is a calm but fiercely determined advocate, who fully commits to her client’s case and put it across with conviction. She is an unflappable advocate, and she is never put off her stride by interventions from the tribunal or the court. She doesn’t give up on a point which she thinks has merit, and won’t allow the court or tribunal to throw her off course.’
Asia Pacific - The English Bar > Shipping and commodities
(Leading Silks)Ranked: Tier 1Vasanti Selvaratnam KC – The 36 Group ‘A silk with a meticulous eye.’
Part of The 36 Group, 36 Stone is very well known for its established strength in handling on a wide spectrum of matters concerning shipping contractual documents, as well as commodities issues within the shipping space. Vasanti Selvaratnam KC is highly regarded for her expertise in maritime law, and the ‘conscientious‘ Colin Ong KC regularly acts in high-value shipping and commodities arbitrations across multiple Asian jurisdictions. Colin Wright is ‘a confident and articulate advocate‘, and the ‘very responsive‘ Ravi Aswani counts dry and wet shipping disputes as a core pillar of his practice.
Asia Pacific - The English Bar > Commercial
(Leading Silks)Ranked: Tier 3Vasanti Selvaratnam KC – The 36 Group ‘Vasanti’s strengths include her intelligence, candour, and hard working nature.’
At The 36 Group, members continue to act on complex multi-jurisdictional commercial disputes across the Asia Pacific region. Vasanti Selvaratnam KC ‘provides good strategic advice‘; she maintains a steady presence in Singapore, with a growing practice in handling arbitrations under the aegis of the LCIA and SIAC. Colin Ong KC has ‘a very analytical brain‘ and ‘is suited for the most complex large commercial cases which require great analytical legal skills, effective advocacy and someone with a fighting spirit‘. The ‘very user-friendly‘ Ravi Aswani is a key junior in the team.
Asia Pacific: Regional International Arbitration > Arbitration counsel
London-based set The 36 Group has an established presence in Singapore, however members have a solid track record in representing clients across multiple Asian jurisdictions. The team is sought after for handling complex arbitrations under the auspices of a range of arbitral institutions, including UNCITRAL, SIAC, HKIAC and SCMA. Vasanti Selvaratnam KC and Colin Ong KC have expertise in handling high-value commodities and shipping arbitrations, and Ravi Aswani advises on a broad spectrum of international commercial arbitration work.