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Practice Summary

Nehali Shah has extensive experience of complex and high-value commercial litigation and international arbitration, both led and unled. She has appeared at all levels in the English Courts (including the Supreme Court and a number of appearances in the Court of Appeal), and in a variety of other Tribunals, both arbitral (e.g. LCIA, ICC, UNCITRAL, SIAC, KLRCA and LMAA) and regulatory (e.g. the RDC), and in expert determination. Nehali’s core practice areas include banking, financial services and restructuring, energy, civil fraud, and jurisdiction.  Nehali is a member of the Attorney General’s B Panel of Counsel.

Nehali is recommended in Chambers & Partners 2017 (Banking & Finance): “has forged a growing reputation across a number of related fields for being a highly intelligent and hard working practitioner.  She has particularly pronounced experience with regard to noteholder, private equity and restructuring cases.”  “She is brilliant – both technically very strong and someone with the ability to master complex issues and materials quickly. She also has the most elegant manner when working with us." "Nehali is a highly capable junior. She is very bright, has an eye for detail and is a strong team player."

Chambers & Partners 2017 (Commercial Litigation): “Really hands-on and committed to all aspects of the case.” "She is phenomenally bright and has a very good manner with clients."

Chambers & Partners 2017 (Arbitration) “assists in high-stakes international arbitrations under the rules of institutions such as the LCIA, LMAA, ICC and SIAC, as well as enforcement proceedings ancillary to such arbitrations.”  “Very response, very smart and just a pleasure to work with.”

Nehali is recommended in Legal 500 2016 (Banking & Finance) “She picks up things very quickly and is great to work with; she has a bright future at the Bar.”

Legal 500 2016 (Commercial Litigation) “Seems to retain information on complex, long-running litigation like no other junior.”

In 2016, Nehali was named as one of Legal Week's 'Stars at the Bar', profiling ten of the most promising barristers of 10 years and under.  The article notes that Nehali is a barrister with ‘not just potential, but also of increasing prominence.’  She has been described as ‘bright, personable, and capable.’  One leader says ‘I would not be surprised if one day she were to emerge as a Supreme Court Justice – she’s that good’.  In 2017, Nehali was also recognised in The Lawyer’s Hot 100, noting that she is ‘is FTSE companies’ most coveted adviser.  She has been instructed more in the past two years by the top 100 UK companies than any other junior.’

Recent cases include:

·         Midtown Acquisitions LP v Essar Global Fund Limited [2017] EWHC 519 (Comm): Appearing in the Commercial Court in a claim to enforce a New York judgment at common law.  Successfully defending a jurisdiction challenge to the claim (including consideration of whether the judgment was final and conclusive on the merits), and obtaining summary judgment.  First reported English decision on the question whether a judgment by confession based on a cognovit clause can be enforced as a judgment in English law.

·         Lehman Waterfall I [2016] Ch 50; [2014] 3 WLR 466 :Appearing for LBL in the Supreme Court, Court of Appeal, and Chancery Division in the Waterfall I proceedings, which raise a series of novel questions of insolvency law, including the liability of shareholders of an unlimited company, statutory interest, the ranking of claims in the administrations, and foreign currency claims.

·         Barclays Bank v Unicredit: Acting for the largest Italian investment bank against Barclays in a dispute before the Commercial Court regarding the Italian bank’s entitlement to be indemnified by Barclays in respect of tax liabilities incurred pursuant to a complex structured finance transaction. Settled on the first day of trial.

·         Canary Wharf Finance II plc v. Deutsche Trustee Company Limited [2016] EWHC 100 (Comm): Appearing in a Part 8 trial regarding whether the holders of the Class A1 Notes issued as part of the Canary Wharf securitisation are entitled to a £168m Spens Payment following early redemption of the notes.

·         Starbev v Interbrew [2014] EWHC 1311; [2016] EWCA Civ 449: Appearing in a Commercial Court trial for the private equity sponsored limited partnership in its dispute with the world’s largest brewer, arising out of the $3.5bn sale of a Central and Eastern European brewing business, regarding the proper interpretation of an earn-out agreement.  Nehali also appeared in the subsequent appeal to the Court of Appeal. 

·         Cruz City v Unitech [2013] 2 All ER (Comm) 1137; [2013] EWCA Civ 1512; [2015] 1 All ER (Comm) 336; [2015] 1 All ER (Comm) 305: Acting for Cruz City in ongoing proceedings in aid of enforcement of US$350m LCIA arbitration awards, obtaining a range of relief including disclosure of assets, worldwide freezing orders, and receivership orders

·        BG v Talisman & Ors [2015] EWHC 110 (Comm): Appearing for BG in a trial of preliminary issues regarding the proper interpretation of a North Sea TPOSA and amounts payable under it.

·        Barclays Private Trust Limited v. Ernst & Young LLP [2016] EWHC 869 (Comm): Appearing in a 4-week Commercial Court trial of a professional negligence claim against EY in respect of the due diligence carried out by EY relating to the acquisition of the Esporta health and leisure business.

·         Terra Firma: acting for Terra Firma in its $2bn claim against Citibank arising out of its acquisition of EMI