Yash Bheeroo

Yash has been ranked as a leading junior for Civil Fraud by Chambers & Partners for several years. He was the most junior barrister ranked upon his first entry. The various editions have said: “Yash brings a fresh perspective on problems and rises to a challenge”; “You can trust him to do a clear advice”; “Yash is a bright junior who is obviously going places”; “He is the ultimate team player who you want as part of your legal team. He is smart and gets into the detail”; “Wise beyond his years, and able to master his brief and all details. A calm and persuasive advocate, and a phenomenal performer in all areas”; “He is phenomenally intelligent, combined with a flair for compelling argument and clear thinking. He is user friendly and very accommodating for client needs, also very commercial in his approach”; “He’s a very impressive and incisive barrister“; “He’s a very intelligent barrister”; “Yash provides prompt well-thought-out commercial advice – a future star who clearly punches above his weight”; and “He is effective and gets the job done.”

Yash has extensive experience dealing with cases involving fraud, bribery and corruption in civil, criminal and regulatory contexts, both in the UK and globally. Yash’s cases typically concern company frauds, conspiracy to defraud, breach of fiduciary duty, breach of trust, asset misappropriation, dishonest assistance, knowing receipt, banking fraud and other intentional wrongdoing.

Yash is particularly experienced in applications for pre-emptive and interlocutory relief, including injunctive, freezing, bankers trust, receivership, Norwich Pharmacal and search orders.

Highlights include:

• JSC BTA Bank v Ablyazov & Ors: international fraud claim for in excess of US$1bn. Acting for a third party respondent joined to the proceedings, concerning issues in respect of freezing relief, search orders, civil tagging orders, committal, jurisdiction and issues relating to privilege against self-incrimination.
• New Ventures & Ors v Moser: acting for the claimants in a major fraud claim in the Commercial Court (and related proceedings in the Netherlands and Moldova) relating to the ownership of a port and associated facilities in Moldova (led by Hodge Malek KC).
• FAP v Philbrick: acting for the claimant in one of the biggest art fraud claims in modern history seeking to recover misappropriated art pieces.
• Chai v Peng & Ors: acting for third party respondent companies in ancillary relief proceedings concerning issues of constructive and resulting trust and dissipation of assets.
• SKAT v Solo Capital Partners & Ors: acting for four defendants in a major £1.5bn fraud claim brought by the Danish tax authorities.
• The International Banking Corporation (in administration) v Various Defendants: acting for the bank in a US$1.9bn fraud claim against various defendants.
• Pacific Alliance Asia Opportunity Fund LP v Bravo Luck Limited: acting for the defendant in a US$107m conspiracy and trust claim in the BVI.
• Von Der Heyt Invest SA v Multibank FX International Corporation: acting for one of the largest FX service providers in the world in a US$40m fraud claim.
• Tugashev v Orlov & Ors: acting for companies in the long-running Commercial Court proceedings relating to the Russian fishing giant, Norebo.
• Bankmed (Dubai) v Fast Telecom Trading LLC: acting for the DIFC branch of a Lebanese bank in relation to a fraud claim arising from various lending arrangements entered into with a customer and its guarantor.
• Wilson Trustees (IOM) Limited & Ors v AFS Trustee Limited: acting for the defendants in a claim before the BVI court concerning breach of trust, dishonest assistance, knowing receipt and conspiracy.
• Acting for a HNW individual joined as a third party respondent to ancillary relief proceedings concerning issues of sham transactions and dissipation of assets.
• Acting for the wife in a fraud claim in ancillary relief proceedings brought against the husband and a third party respondent concerning a conspiracy claim.
• Acting for one of the largest construction/infrastructure companies in the world in respect of allegations of corruption to procure contracts in the oil and gas sector in a Middle Eastern country (led by Hodge Malek KC).
• Acting for a bank in a multi-million US$ fraud claim arising out of the transfer of corporate bonds for the purposes obtaining loans.
• Acting in a £14m fraud claim arising out of the management of luxury hotels in the Middle East.
• Acting for a Moldovan businessman before the Larnaca High Court (Cyprus) in relation to the raider attacks in Moldova, whereby millions of dollars’ worth of shares held in various financial institutions were misappropriated through an abuse of the court system.
• Anon: acting for a Middle Eastern technology company in DIFC proceedings resisting the enforcement of an AED 36m onshore Dubai judgment arising out of an alleged fraud.

Yash is regularly instructed in some of the most complex and high value commercial disputes in the High Court, in LCIA, ICC, SIAC and DIAC arbitrations and in international/offshore courts (including DIFC, ADGM and BVI). He deals with a broad range of commercial disputes including fraud, banking and financial services, commercial agency, energy, telecoms, media, art and cultural property, shareholder and company disputes, insolvency and professional negligence.

Yash is regularly instructed as lead advocate and as part of a team in heavy applications and commercial trials. He has extensive experience in dealing with cases that give rise to issues of disclosure, privilege (including LPP, CIP and PASI) and other evidential issues.

He is ranked as a leading junior for Commercial Litigation by the Legal 500, which says: “Yash provides highly commercial and first-rate advice to clients. He is an excellent advocate who never misses a detail, and he is fearless in his case strategy and an absolute pleasure to work with.” He is also ranked as a leading junior for Commercial Dispute Resolution in the Legal 500 EMEA and Asia Pacific Guides, with various editions saying: “Yash is an excellent advocate. He knows the law extremely well, is detail oriented, yet sees the broader strategic picture”; and he has a “phenomenal ability to process reams of complicated and detailed information. Excellent manner, easy to work with, and highly intelligent yet very approachable” and “he knows the law well, is always well prepared, and is a first-rate strategist.”

Highlights in England include:

• The Glencore Plc Litigation: acting for an intervening party in a section 90 and section 90A FSMA claim based on alleged misstatements in and omissions from Glencore’s prospectuses and published information.
• GML International Ltd v Harfield: acting for the claimants in a multi-million pound dispute concerning the existence and terms of several oral loan agreements. Obtained a post-judgment worldwide freezing order where dishonesty was considered to be sufficient to give rise to a real risk of dissipation and a committal order following a breach of the freezing order. 
• FAP v Philbrick: acting for the claimant in one of the biggest art fraud claims in modern history seeking to recover misappropriated art pieces.
• Kompaktwek v LivePerson: acting for the claimant in Commercial Court proceedings concerning whether the “software-as-a-service” model for computer software constitutes a sale of goods and whether the Commercial Agents (Council Directive) Regulations 1993 could apply.
• Cole v Carpenter: acting for the claimant (the owners of a 1932 Picasso, ‘The Rescue’) in a contractual dispute over the rights to sell the artwork. The case also concerned a pre-trial committal application, which was the first case under the new CPR Part 81 regime. 
• Barclays Bank Plc v Shetty: acting for the claimant bank in the enforcement of a US$131m DIFC judgment in England.
• Shah v Shah: acting for the claimant in a family dispute over the ownership and sale of a property in Goa. The case was significant for a decision on when an offer under the CPR Part 36 regime is considered unjust: [2021] EWHC 1668 (QB).
• New Ventures & Ors v Moser: acting for the claimants in a major fraud claim in the Commercial Court (and related proceedings in the Netherlands and Moldova) relating to the ownership of a port and associated facilities in Moldova (led by Hodge Malek KC). 
• African Mining Services Mali Sarl v Societe Des Mines De Komana (Smk) Sa & Hummingbird Resources Plc: acting for the claimant in a £35m dispute concerning guarantees and contracts for mining services in the Republic of Mali. 
• American Lawyer Media International Limited v Fulcrum Global Technologies, Inc: acting for the claimant (a legal publishing company) in Commercial Court proceedings in relation to a dispute arising from various sponsorship agreements.
• Municipio De Mariana v BHP Group Plc: group litigation claim in the Commercial Court concerning the collapse of the Fundão Dam in Brazil (led by Hodge Malek KC, Mark Cawson KC, Louis Browne KC and Jonathan Harris KC). 
• SKAT v Solo Capital Partners & Ors: acting for four defendants in a major £1.5 billion fraud claim brought by the Danish tax authorities.
• Four Marketing Ltd v Perez: acting for the claimant in a breach of fiduciary claim against a former director (led by Adrian Beltrami KC).
• Chai v Peng & Ors: acting for third party respondent companies in ancillary relief proceedings concerning issues of constructive and resulting trust and dissipation of assets. 
• Acting for the former CEO of the largest private equity group in the Middle East in various litigation (London, Cayman and DIFC) and arbitration (DIAC) arising from the collapse of the group. Also acting in the extradition proceedings brought by the US. 

Highlights in DIFC, ADGM, BVI and other jurisdictions include:

• Alawwal Capital JSC v Rasmala Investment Bank Limited: acting for the defendant in a US$10m claim in the DIFC concerning the DIFC Collective Investment Law and regulatory duties under the DFSA Handbook.
• Al-Khorafi v Sarasin-Alpen and Bank Sarasin: acting for a Swiss bank in a DIFC claim in relation to the mis-selling of US$200m of financial products (led by Hodge Malek KC).
• Bank of Singapore v MARJ Holding Limited: acting for the claimant bank in a contractual and misrepresentation claim in the DIFC.
• Bankmed (Dubai) v Fast Telecom Trading LLC: acting for the DIFC branch of a Lebanese bank in relation to a fraud claim in the DIFC arising from various lending arrangements entered into with a customer and its guarantor.
• Reuter & Ors v Wellness United, Inc: acting for claimant investors in two sets of proceedings about the effect of foreign law illegality at common law (the ‘Ralli Bros’ rule).
• Othman Abdulla O Alswayeh v GII Islamic REIRT (CEIC) Limited: acting for the defendant in a property dispute in the DIFC valued at AED 110m.
• Orient Insurance v Hazel Middle East: acting for the defendant in an insurance claim where the insurer sought declarations entitling it to avoid an insurance policy.
• Stone v Abhi Limited and Abhi Fintech Limited: acting for the defendants in a share entitlement and employment dispute in the DIFC.
• Anon: acting for a Middle Eastern technology company in DIFC proceedings resisting the enforcement of an AED 36m onshore Dubai judgment arising out of an alleged fraud.
• Uni Ventures Solutions XXV v Mrsool Holdings Ltd: acting for the defendant in a contractual and unfair prejudice claim in the ADGM. The first case in the ADGM to consider an application for an interim injunction.
• Afkar Capital v Fikry: acting for the claimant (a UAE REIT Fund) in respect of a shareholder dispute in the ADGM and a subsequent FSRA investigation. This was the first ever case heard in the ADGM.
• Faisal Al Ayyar v Klinkhamer: acting for the defendant in a multi-million US$ contractual claim before the ADGM court.
• Pacific Alliance Asia Opportunity Fund LP v Bravo Luck Limited: acting for the defendant in a US$107m conspiracy and trust claim in the BVI.
• Von Der Heyt Invest SA v Multibank FX International Corporation: acting for one of the largest FX service providers in the world in a US$40m fraud claim in the BVI.
• Wilson Trustees (IOM) Limited & Ors v AFS Trustee Limited: acting for the defendants in a claim concerning breach of trust, dishonest assistance, knowing receipt and conspiracy in the BVI.
• Al-Jizzi v KPMG: acting for KPMG in an auditors’ negligence claim.
• Gordian Holdings v Polys Haji-Ioannou: acting for the defendant in a contractual dispute in Jersey proceedings. Resisting enforcement of a Cypriot judgment and an interim attachment order. 
• Acting for the former CEO of the largest private equity group in the Middle East in various litigation (London, Cayman and DIFC) and arbitration (DIAC) arising from the collapse of the group.
• Acting for a Moldovan businessman before the Larnaca High Court (Cyprus) in relation to the raider attacks in Moldova, whereby millions of dollars’ worth of shares held in various financial institutions were misappropriated through an abuse of the court system.

Yash has extensive experience in dealing with applications for interim and final injunctions as part of court and arbitration proceedings, including mandatory, prohibitory, proprietary, anti-suit and freezing injunctions. He also has extensive experience applying for search, delivery up, bankers trust and Norwich Pharmacal orders.

Highlights include:

• Freezing injunction application on behalf of a law firm against a former client of the firm whose UBO fled the jurisdiction.
• Post-trial worldwide freezing injunction application relying on findings of dishonesty in the judgment in support of demonstrating a real risk of dissipation.
• Freezing injunction application made pursuant to s.25 of the Civil Jurisdiction and Judgments Act 1982 in support of foreign proceedings.
• Freezing injunction application on behalf of residents of a new build development against property developers in respect of dispute over incomplete works.
• Freezing and proprietary injunction application on behalf of a shareholder in a company following a dispute over the proceeds of sale for part of the business.
• Freezing injunction application in the DIFC in support of enforcement of a foreign judgment.
• Resisting a proprietary and freezing injunction application as part of a DIFC seated arbitration.
• Application to set aside a freezing injunction for material non-disclosure and fortification of a cross-undertaking in damages.
• Resisting an interim injunction application in the ADGM brought by a shareholder seeking to restrain a company from accepting an investment from a new investor.
• Resisting an interim injunction from a former member of a religious organisation seeking to restrict the organisation from holding gatherings or posting information online about the former member’s conduct. Case also involved applying for a civil restraint order.
• Application for an anti-suit application preventing an African company from bringing court proceedings in breach of an arbitration agreement.
• Application for delivery up of a technology asset to the owners pending resolution of a dispute with the developers.
• Application for a bankers trust order against five major banks on behalf of a regulator seeking to recover sums that had been misappropriated from clients.
• Application for a Norwich Pharmacal order against a bank in support of a fraud and tracing claim.
• Various applications on behalf of the SRA for a search and delivery up order of documents from law firms and individuals that are the subject of investigation.

Yash is ranked as a leading junior for International Arbitration in Chambers & Partners and the Legal 500. The legal directories say that Yash is: “highly recommended” as counsel in international arbitrations; “calm, erudite, intelligent, a pleasure to work with and a team player and a great leader”; and “very diligent, hard-working, good on strategy and good at thinking on his feet.”

Yash is regularly instructed in international arbitrations and has extensive experience of disputes ranging from ad hoc arbitrations to those administered by the LCIA, ICC, SIAC, DIAC, GCC and ICSID. He also regularly represents parties in challenge, recognition and enforcement proceedings and other arbitration-related court applications (such as anti-suit injunctions and worldwide freezing orders) in the English courts, DIFC courts and ADGM courts.

Highlights include:

• Ad hoc arbitration: acting in an energy arbitration before the PCA concerning allegations of corruption and the performance of obligations under a gas sale and purchase agreement (led by Hodge Malek KC, Jim Sturman KC and Paul Key KC).
• Ad hoc arbitration: acting for a Middle Eastern telecommunications regulator in a US$100m claim brought by the incumbent operator in relation to access deficit charges (led by Hodge Malek KC).
• DIAC arbitration: acting for a bank in a multi-million US$ fraud claim arising out of the transfer of corporate bonds for the purposes obtaining loans.
• DIAC arbitration: acting in a US$90m dispute arising from the buy-out agreement between the shareholders of an energy company in the Middle East. The dispute concerns: contractual claims; claims in deceit; knowing receipt; dishonest assistance; conspiracy; unjust enrichment and breach of fiduciary duties.
• DIAC arbitration: acting for a HNW individual in a US$150m contractual and fraud claim and concerning the effect of foreign law illegality (the ‘Ralli Bros’ rule).
• DIFC-LCIA arbitration: acting in a £14m arbitration seated in the DIFC arising out of the management of luxury hotels in the Middle East.
• ICC arbitration: acting for a bank in a US$200m arbitration concerning various lending agreements, swap agreements and conflict of laws.
• ICC arbitration: acting in an arbitration seated in Hong Kong concerning a dispute relating to import and export contracts between Hong Kong and Middle Eastern entities. The case also included a challenge to the jurisdiction of the arbitrators before the High Court in Hong Kong (led by Charlie Manzoni KC, SC).
• LCIA arbitration: acting for a property group in a contractual dispute against a service provider.
• LCIA arbitration: acting for a private equity group in a multi-million US$ contractual claim concerning the validity of a fund and partner admissions.
• SIAC arbitration: acting in an arbitration seated in Singapore for an airline company in a multi-million US$ claim contractual claim.
• ICSID arbitration: acting in an investor-state arbitration arising under a bilateral investment treaty where the state revoked certain licenses that had been granted to the investors.
• Republic of Kosovo v ContourGlobal: acting for the claimant in a section 68 challenge to a €20m ICC arbitral award.
• Republic of Kosovo v Selmani: acting for the claimant in recognition and enforcement proceedings in the Commercial Court.
• Anon: acting for the defendants in a section 103 application seeking refusal of recognition and enforcement of a CIETAC arbitral award.
• Anon: acting for the claimant in a section 41 challenge to a DIAC arbitral award in the DIFC court.
• Anon: acting for a bank in relation to anti-suit and anti-enforcement injunctions in the Commercial Court.

Yash is ranked as a leading junior for Professional Disciplinary and Regulatory law in the Legal 500. The various editions have described him as: “absolutely first rate: hardworking, clear and very pragmatic. He gets to the true issues in a case”; “an accomplished next generation advocate – strong on forensic, financial-based misconduct cases and a street fighter when needed”; “quickly gets to the heart of the matter and identifies the key issues providing clear, commercially astute advice”; “very good at spotting key commercial and legal issues, and is a comforting and reassuring presence for clients”; and “very good at disseminating the key issues in an evidence heavy matter and presenting the most pertinent points to the court in a persuasive manner.”

He acts for regulators, firms and individuals on all aspects of professional and commercial regulation. This includes litigation and advisory work. Yash has particular experience in relation to legal professionals, financial service professionals, accountants and the gambling industry. He acts in proceedings by the SRA, FCA, FRC, LSE and Gambling Commission.

Yash has extensive experience acting for the Solicitors Regulation Authority in disciplinary proceedings against solicitors, as well as all court-related proceedings, including intervention challenges, sections 44B and 44BB applications, search orders, other applications under the Solicitors Act 1974 and appeals against decisions of the Solicitors Disciplinary Tribunal.

Yash is a contributing author to Jordan’s Regulatory and Disciplinary Proceedings.

Highlights include:

• Sibley v The Law Society (SRA): acting for the SRA in resisting a challenge to the intervention by the regulator into a solicitors practice.
• Prescott v The Law Society (SRA): acting for the SRA in resisting a challenge to the intervention by the regulator into a solicitors practice.
• Ghauri (t/a Dent Abrams Solicitors) v The Law Society (SRA): acting for the SRA in resisting a challenge to the intervention by the regulator into a solicitors practice.
• Jacobsen v The Law Society (SRA): acting for the SRA in resisting a challenge to the intervention by the regulator into a solicitors practice.
• Otobo v Solicitors Regulation Authority: resisting an appeal against the decision of the Solicitors Disciplinary Tribunal refusing leave to apply for a rehearing of disciplinary proceedings.
• The Law Society (SRA) v Alexander-Theodotou: claim before the High Court concerning issues of privilege over documents sought by the SRA under their statutory investigatory powers.
• Solicitors Regulation Authority v Hoffman: acting for the SRA in an appeal to the Divisional Court against the findings of the Solicitors Disciplinary Tribunal, where the SDT refused to accept admissions by the respondent and found the allegations were not proven. The case also concerned what it means to provide a “banking facility” for the purposes of the SRA Accounts Rules and the nexus between the underlying legal transaction and the payments to third parties.
• Applications made pursuant to paragraph 9(4), 9(5A), 9(6) and 10(1) of Schedule 1 to the Solicitors Act 1974: The Law Society v Barclays Bank (s.44BB), The Law Society v Natwest (s.44BB), The Law Society v Bloomsbury Law, The Law Society v Brough, The Law Society v Inyand, The Law Society v Just and Brown, The Law Society v Lyons, and The Law Society v Sibley.
• Acting for the SRA in proceedings before the Solicitors Disciplinary Tribunal: SRA v Sibley, SRA v De Vita, Platt and Scott, SRA v O’Maeileoin, SRA v Barca, SRA v Yonus Desai, SRA v Bridge, McNabb, Stansfield and Roach, SRA v Chetinkaya and Curaba, SRA v Easthope, SRA v Greer and SRA v Poothavelil,
• Advising a Financial Services Firm on authorisation issues and an FCA investigation.
• Advising multiple law firms in respect of regulatory obligations, including compliance with the SRA Code of Conduct, SRA Accounts Rules, reporting obligations, anti-money laundering obligations and sanctions.
• Advising a pay day lender in relation to ongoing issues with the FCA, FOS and CMR.
• Advising an authorised firm in the DIFC in respect of compliance with its authorisation requirements under the DFSA rules.
• Advising a gambling institution on compliance with the Gambling Commission’s Licence Conditions and its obligation under the Money laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Yash undertakes a wide range of banking and financial services cases, both contentious and non-contentious. He is regularly instructed to act for individuals, financial services firms, banks and regulators in a variety of disputes, including in relation to the FCA regulatory framework, FSMA claims, loans, letters of credit, guarantees, securities and derivatives, market abuse, financial mis-selling, prospectus and listing rules and collective investment schemes.

Yash also undertakes banking and financial services cases in other jurisdictions such as UAE, Bahrain, Switzerland, Kuwait, USA, and Saudi Arabia. Yash has a good understanding and has undertaken cases in respect of Islamic finance.

He is also a contributor to the Financial Services volume of Atkin’s Court Forms and a contributor to Butterworths Financial Regulation Service.

Highlights include:

• Alawwal Capital JSC v Rasmala Investment Bank Limited: acting for the defendant in a US$10m claim in the DIFC concerning the DIFC Collective Investment Law and the regulatory duties under the DFSA Handbook.
• Al-Khorafi v Sarasin-Alpen and Bank Sarasin: acting for a Swiss bank in a DIFC claim in relation to the mis-selling of US$200 million of financial products (led by Hodge Malek KC).
• Afkar Capital v Fikry: acting for the claimant (a UAE REIT Fund) in respect of a shareholder dispute in the ADGM and a subsequent FSRA investigation. This was the first ever case heard in the ADGM.
• Haider & others v Credit Suisse: acting for the claimant in a £30m claim for the mis-selling of structured financial products to a wealthy Kuwaiti family.
• Cheshire Pension Fund v RBS: acting for the claimants in relation to a section 90 FSMA claim against the bank.
• Bankmed (Dubai) v Fast Telecom Trading LLC: acting for the DIFC branch of a Lebanese bank in relation to a fraud claim arising from various lending arrangements entered into with a customer and its guarantor.
• Acting for an Icelandic bank in relation to claims by retail customers and investors arising from the Icelandic financial crisis between 2008-2011.
• Acting for a Middle Eastern bank in an arbitration concerning various lending agreements, swap agreements and Sharia law.
• Acting for a private bank in an arbitration concerning the quincecare duty of care, regulatory duties under the DFSA Handbook and the DIFC Regulatory Law.
• Advising a private Swiss Bank in relation to the structuring and authorisation of a new entity in the DIFC for the purposes for providing financial services and financial products.
• Advising UK and European entities on the prospects of recovery against a major UK bank in relation to misrepresentation claims under FSMA.
• Acting for an individual in relation to the validity of swap agreements entered into for the apparent purpose of evading payment of a divorce settlement in a conspiracy to defraud claim.
• Advising a bank in relation to advancing substantial loans to a members of a prominent royal family in the Middle East, including coverage by letters of guarantee and letters of credit and on claims of sovereign immunity for the purposes of enforcement.
• Advising a leading pay day lender in relation to issues concerning the Financial Conduct Authority and the Financial Ombudsman Service.

Yash regularly advises and acts on behalf of regulators, law enforcement agencies, laws firms, banks, casinos, governments, other organisations and individuals on financial crime issues, including anti-money laundering, counter terrorist financing, sanctions, bribery and corruptions systems and controls, corporate investigation and regulatory enforcement. He acts for regulatory bodies and law enforcement agencies in respect of investigations and legal proceedings, and he also acts for corporations and individuals facing investigation or proceedings by the SRA, SFO, FCA and Gambling Commission.

He has extensive experience appearing before ad hoc and specialist bodies, including INTERPOL and World Check.

Much of this work is sensitive and confidential, but highlights include:

• Acting for individuals seeking to set aside Red Notices and have their data deleted with INTERPOL.
• Acting for individuals seeking to challenge designations on World Check, a database (of politically exposed persons and ‘heightened risk’ individuals and organisations) that is used by banks and other financial institutions.
• Acting for a prominent businessman in a politically sensitive extradition case.
• Advising on mutual legal assistance cases.

Much of Yash’s sanctions work is sensitise and confidential, but highlights include:

• Advising a European company on the scope and application of section 54D of the Russia (Sanctions) (EU Exit) Amendment (No.3) Regulations 2023 in relation to in-house lawyers that are employed and based in London.
• Advising law firms on their compliance with Russia (Sanctions) (EU Exit) Regulations 2019.
• Advising a law firm on the application of the legal services advisory ban.
• Advising law firms and financial institutions on reporting obligations to OFSI and OTSI.
• Acting for a HNW individual in disputes in various jurisdictions where the individual is seeking the release of monies belonging to the estate of a deceased parent, while banks, life insurance providers and other financial institutions are refusing to transfer assets relying on the sanctions regime as a defence to the claims.
• Acting for a HNW in respect of their acquisition of a business, which is being affected as a result of sanctions imposed on a bank which provided a facility to the business and which is now facing liquidation in a foreign state as a result of sanctions.
• Acting in a claim brought by an Iranian entity against a European entity where US sanctions is being relied on as giving rise to force majeure and illegality defences to non-performance of contractual obligations.
• Undertaking sanctions, money laundering (including systems and control) and compliance review for law firms and gambling institutions.

Much of the work undertaken by Yash has a conflict of laws aspect to it, and he is regularly instructed on complex jurisdiction and choice of law matters.

Highlight includes:

• Reuter & Ors v Wellness United, Inc: acting for claimant investors in two sets of proceedings about the effect of foreign law illegality at common law (the ‘Ralli Bros’ rule).
• New Ventures & Ors v Moser: claim included a jurisdiction challenge based on the choice of law clauses in a series of interconnected contracts and the jurisdiction in which the tort was alleged to have occurred.  
• Faisal Al Ayyar v Klinkhamer: a claim in the ADGM, which included a jurisdiction challenge under the ADGM Founding Law and a stay on forum non-conveniens
• Uni Ventures Solutions XXV v Mrsool Holdings Ltd: a claim in the ADGM, which included a jurisdiction challenge under the ADGM Founding Law.
• DIAC arbitration: acting for a HNW individual in a US$150m contractual and fraud claim and concerning the effect of foreign law illegality (the ‘Ralli Bros’ rule).
• ICC arbitration: acting for a bank in a US$200m arbitration, which also concerned a dispute over the applicable laws, where the contract provided for a governing law but also provided for the application of Sharia law.

Yash has experience acting and advising on matters in relation to media, entertainment, art & cultural property.

Highlights include:

• Cole v Carpenter: acting for the claimant (the owners of a 1932 Picasso, ‘The Rescue’) in a contractual dispute over the rights to sell the artwork.
• FAP v Philbrick: acting for the claimant in one of the biggest art fraud claims in modern history seeking to recover misappropriated art pieces, including paintings by Donald Judd, Christopher Wool, Yayoi Kusama and Rudolf Stingel.
• Advising a prominent musician in a dispute with their record label on the rights over a music catalogue.
• Advising a sports agency in North Africa in a licensing dispute over the use of DBR technology and virtual carpets to advertise sponsors during certain La Liga matches.

Yash has experience acting in and advising in respect of energy disputes. His experience in the energy sector ranges from gas oil regulation, environment, procurement / corruption and commercial disputes. The majority of his experience in the energy sector focuses on oil and gas related matters.

Highlights include:

• Ad hoc arbitration: acting in an energy arbitration before the PCA concerning allegations of corruption and the performance of obligations under a gas sale and purchase agreement (led by Hodge Malek KC and Jim Sturman KC and Paul Key KC).
• Advising a prominent Middle Eastern energy company in relation to the purchase of jack up drilling rigs for the purpose of oil exploration and for resale.
• Advising a Middle Eastern energy company in relation to establishing a joint venture company with a national state entity for the purposes of extraction, sale of gas in the region and profit sharing.
• Acting for one of the largest construction/infrastructure companies in the world in respect of allegations of corruption to procure contracts in the oil and gas sector in a Middle Eastern country (led by Hodge Malek KC).