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Prateek Swaika

Associate
London

t: + 44 207 614 0962
f: + 44 207 614 0999

pswaika@bsfllp.com
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Areas of Practice

Litigation

Crisis Management and Government Response

Global Investigations and White Collar Defense

International Arbitration


Education

College of Law, London, Postgraduate Diploma, Legal Practice, Commendation, 2009

College of Law, London, Bachelor of Laws, 2009

College of Law, London, Graduate Diploma in Law, 2008

University of Cambridge, B.A., English Literature, 2007


Admissions

Solicitor of England & Wales Rights of Audience (Civil) Higher Courts of England and Wales

Prateek Swaika advises on a broad range of international and domestic disputes before the English High Court and in alternative dispute resolution forums. He acts for corporates and financial institutions on a variety of high-value commercial matters, including in relation to shareholder disputes, complex damages claims and fraud. Mr Swaika also regularly advises corporates on bribery and corruption investigations, risk assessments and on the adequacy of their compliance programmes. 

Representative matters include: 

Commercial Disputes

  • Advising a waste management company in a £1.5 billion adjudication with a local authority regarding a PFI contract dispute
  • Advising an international gas company in a £100 million dispute before the High Court regarding the validity of force majeure claims made by an off-taker
  • Advising a shipping corporation in injunctive relief applications and speedy trial in the High Court to restrain the defendants from obtaining unfair springboard advantage
  • Advising an international airline in a litigation before the High Court regarding a wet lease agreement dispute
  • Advising a sportsbook software supplier in a £65m litigation in the High Court regarding a dispute with a sub-contractor
  • Advising a Libyan entity on lifting an attachment on its shares in a Dutch company
  • Advising a major mobile network in a dispute before the Competition Appeals Tribunal against its competitors and OfCom
  • Advising an international bank in a dispute with a broker regarding the payment of fees
  • Advising an intellectual property trading firm in relation to a licensing dispute with a UK university
  • Advising an investment fund on its contractual rights in a dispute with a minority shareholder
  • Advising an investment fund in a dispute with a shareholder relating to pre-emption rights and the forced transfer of shares
  • Advising a defence contractor in an LCIA arbitration with a sub-contractor regarding the termination of a long-term technology out-sourcing agreement
  • Advising a petrochemicals manufacturer in an arbitration regarding the interpretation of payment provisions under a project agreement 

Fraud

  • Advising a multinational mining company in injunctive relief proceedings before the High Court in England, Hong Kong, Chile and Barbados and in substantive proceedings in Australia to recover sums misappropriated by an employee pursuant to a substantial invoice fraud
  • Advising an international banking syndicate in injunctive relief proceedings in Dubai and India and in substantive proceedings in Singapore against a borrower in respect of fraudulent transactions of over US$80 million
  • Advising an independent fraud investigations committee in its review of a large Japanese electronics manufacturer

Bribery & Corruption

  • Advising a multinational transport company in an investigation concerning alleged bribes paid by its joint venture partners in the Middle East
  • Advising an Australian oil company on its liability under UK laws for alleged corrupt activities in non-UK jurisdictions
  • Advising an international mining company on its liability in respect of alleged bribes paid to foreign government officials
  • Advising various multinational companies on anti-bribery and corruption procedures and contractual protections in respect of joint ventures in high risk jurisdictions
  • Advising various multinational companies and funds on their anti-bribery and corruption procedures and policies

Litigation funding

  • Advising own clients on high value litigation funding arrangements
  • Advising a prominent gambling company in negotiations with another law firm regarding a conditional fee agreement 

Selected Professional Awards and Associations

Young International Arbitration Group

Publications

Co-authored, Anti-Corruption Initiatives, Latin American Upstream Laws and Regulations: A Practical Guide, Globe, May 2015 (click here)

Co-authored, Bribery & Corruption: Implications for Energy Companies, Energy Source, June 2014

Cited,  Bribery & Corruption: Falling Foul? A proposal to widen the ambit of the UK Bribery Act could spell Trouble for Indian Companies, April 2014