Subir Karmakar

Subir Karmakar

Head of International Arbitration

Subir Karmakar

- Head of International Arbitration

With over thirty-years’ experience, Subir specialises in International and Commercial Arbitration and Litigation and is a Fellow of the Chartered Institute of Arbitrators (CIArb) and Solicitor Advocate (Higher Courts Civil).

Subir deals with high-value commercial and cross-border claims, including complex claims against sovereign States.

Initially qualifying as a Barrister in 1984, Subir became a Solicitor in 1991. Since then his High Court practice has assisted clients regarding cross-border fraud, letters of credit and guarantees, insolvency, commodities and shipping disputes, insurance claims and company disputes.

Subir specialises in International Arbitration, with sector specific expertise in matters involving metals, commodities, shipping, joint-venture and investment treaty claims and disputes. He has dealt with proceedings held under GAFTA, FOSFA, LME, LMAA, ICC, LCIA, UNCITRAL arbitration rules.

Subir is well placed to provide clients with the best possible litigation funding solutions, through renowned specialist brokers.

Experience

Subir has been representing various clients as a Partner since 1991 and his cases include the following:

  • successfully pursued claims for fraudulently diverted freight collections worth millions of US Dollars owed to a major ship owner, UASC, in several parts of the world and recovered the same in proceedings against a major bank;
  • successfully securing the claims of an Oil Mining Lease owner against oil companies (Cavendish Petroleum v Tusker Resources & others, reported in the Daily Telegraph);
  • successfully pursuing claim for indemnity under hull policy in respect of the loss of a sunken vessel “Regal Sun”;
  • successfully defended client in the face of urgent injunction proceedings in relation to the sale of a jack-up rig (Combifloat Middle East BV v. Essar Projects Limited (2019);
  • acted for Claimant in commencing a substantial BIT claim against Egypt under UNCITRAL arbitration rules (Bahgat v. Egypt, reported in the Global Arbitration Review, 1 May 2020).

Currently, his cases include acting for a client in a dispute involving a geothermal energy project.

Subir has been involved in several reported cases, including the following:

  1. “The Anclizo (No 2)” (Court of Appeal) (1992) 1 Lloyds Law Reports 558.
  2. Curacao Trading Company BV v Harkisandas & Co. (1992) 2 Lloyds Law Reports 186.
  3. President of India v Jadranska Slobodna Plovidba (1992) 2 Lloyds Law Reports 274.
  4. BCCI (no 8) (House of Lords) (1998) A.C. 214.
  5. BCCI v Simjee (1997) C.L.C. 135.
  6. Metal Distributors (UK) Ltd. v ZCCM Investment Holdings PLC [2005] EWHC 156(Comm).
  7. Malicorp Ltd. v Egypt [2015] EWHC 361(Comm).