Prateek Swaika

Prateek is an experienced English solicitor advocate handling high-value, complex disputes. Acting on behalf of funds, banks, corporations, governments, heads of state, and high-net-worth individuals, Prateek focuses his practice on high-stakes international litigation and arbitration, and global investigations and white collar defense. Clients regularly turn to him when it matters most.

Prateek provides strategic advice in bet-the-company litigation, manages reputational issues, and leads, coordinates, and resolves large-scale international commercial disputes, frequently in concurrent proceedings and across multiple jurisdictions.

With his broad experience and judgment, Prateek has advised in high-profile and high-value matters, including in relation to shareholder disputes, complex damages claims, fraud, defamation, judicial reviews and industrial sector disputes.

Prateek is described in Legal 500 (Commercial Litigation: Premium) as “a rising star, clever, hard-working and resourceful.”

Representative matters include advising:

Commercial Disputes

• Institutional investors in a US$1 billion-plus Financial Services and Markets Act claim against a mining company in connection with misleading statements and omissions in listing particulars
• A shipping corporation in injunctive relief applications and trial in the English High Court to restrain the defendants from obtaining unfair springboard advantage
• An international supplier in connection with concurrent proceedings in the US, Netherlands and Germany against a prominent international car manufacturer
• A head of state in a defamation claim against a media organisation concerning allegations of corruption
• An international charity in connection with defamation proceedings against a media organisation and reputational issues
• A software supplier in a £65m litigation in the High Court against a sub-contractor
• A mobile network in proceedings in the Competition Appeals Tribunal against competitors and the U.K.’s Office of Communications
• An investment fund in a dispute with a minority shareholder
• An investment fund in a dispute with a shareholder relating to pre-emption rights and forced transfer of shares
• A defense contractor in an LCIA arbitration regarding the termination of an outsourcing agreement
• An airport construction contractor in LCIA proceedings regarding the non-payment of invoices
• A defense contractor in LCIA proceedings in a $1 billion dispute regarding a Ministry of Defence IT project
• A corporate in a £1.5 billion adjudication with a local authority regarding a PFI contract
• An international gas company in a £100 million dispute before the High Court regarding force majeure claims made by an off-taker
• A high-net-worth individual in judicial review proceedings against the Information Commissioner’s Office

Fraud

• A high-net-worth individual in judicial review proceedings against the Serious Fraud Office
• Stakeholders in connection with US$2 billion conspiracy, fraud and bribery proceedings in the English High Court and in related proceedings in multiple jurisdictions
• A high-net-worth individual in respect of a forged £10 million loan agreement
• A multinational mining company in injunctive relief and substantive proceedings before the English High Court, Hong Kong, Chile, Barbados and Australia in respect of sums misappropriated by a senior executive
• An banking syndicate in injunctive proceedings in Dubai and India and in substantive proceedings in Singapore against a borrower in respect of fraudulent transactions of over $80 million
• An independent fraud investigations committee in its review of a large Japanese electronics manufacturer

Bribery & Corruption

• A multinational transport company in an investigation concerning alleged bribes paid by its joint venture partners in the Middle East
• An Australian oil company on its liability under U.K. laws for alleged corrupt activities in non-U.K. jurisdictions
• An international mining company on its liability in respect of alleged bribes paid to foreign government officials
• Various multinational companies on anti-bribery and corruption procedures and contractual protections in respect of joint ventures in high-risk jurisdictions

Litigation Funding

• Numerous litigation funders on merits and enforcement risks in connection with their investments in various proceedings and on the strategy and management of portfolio cases with a view to realizing commercial value
• Clients on high-value litigation funding arrangements

Co-author, UK Supreme Court Settles Scope of Directors’ Duties to Creditors (October 2022)

Can I Invest to Avoid an Inheritance Tax Bill?, Financial Times (May 2022)

Connected and Collateral Consequences of Corporate Crime: Can a Corporate Survive a Criminal Conviction?, International Comparative Legal Guide to Business Crime (October 2020)

Co-author, Lessons on Litigation Privilege in Internal Investigations from the U.K.’s Bilta v. Royal Bank of Scotland Case, Cybersecurity Law Report (2018)

Co-author, INSIGHT: Lessons on Privilege from Landmark English Ruling, Bloomberg Law (2018)

Co-author, What Compliance Lessons Can Companies Learn From the SFO’s First Two DPAs?, Anti-Corruption Report (2016)

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

Co-author, 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)