Farhaz Khan KC

Arbitration Overview

Farhaz is regularly instructed in international commercial arbitrations including, most recently, matters governed by the rules of the LCIA, SIAC, ICC and AAA. The subject matter of the disputes vary widely and include telecommunications, IT, construction and banking and finance. Recent examples include:

• 1Malaysia Development Berhad v International Petroleum Investment Company (LCIA) Farhaz represented Abu Dhabi state owned investment funds IPIC and Aabar in defence of multi-billion Dollar claims arising from the Malaysian 1MDB scandal in the Commercial Court (Arbitration Act 1996 claim) and arbitration under LCIA rules.
• Aggreko v Sumitomo Mitsui Banking Corp & Ors (Commercial Court, 2020, unreported, but see press) – acting for claimant in $37 million claim against a Yemeni electricity company. Injunctive relief obtained preventing payment out under fraudulent call on performance bonds in support of DIFC-LCIA arbitral proceedings.
• Re B v I (SIAC) Farhaz acted as Lead Counsel leading an international team of lawyers in a multi-million contractual dispute between commercial entities controlled by South Asian states under SIAC rules.
• Think Markets v IS Prime (AAA) Farhaz was instructed to advise and appear in AAA proceedings in Florida in connection with a complex contractual dispute involving English law issues. Farhaz appeared both as Co-Counsel with US attorneys and conducted the deposition of of witnesses.
• Re C (LCIA) Farhaz was instructed by the claimant in a IT / technology dispute relating to the meaning and effect of indemnity provisions in an SPA.
• Re CD (DIAC) Farhaz advised on quantum issues arising from a DIAC construction dispute.
• Re IKC adjudication (ad hoc) Farhaz was jointly instructed as an Independent KC by parties under a funding agreement to resolve a dispute arising from one party having invoked the termination provisions in the agreement.