Sudhanshu Swaroop

Examples of cases:

Florez and Others v BP Exploration Company (Colombia) Limited - currently acting for Colombian Farmers in High Court claims for loss relating to the OCENSA oil pipeline in Colombia. The case has attracted significant media and academic interest.

Dynastic Maritime Inc v Al Dawood Shipping Lines Ltd [2010] All ER (D) 224 (Feb) (Court of Appeal) - considered the principles that apply where a party fails to comply with an "unless order" and then seeks to set aside the resulting judgment.

Congentra AG v Sixteen Thirteen Marine SA [2008] 2 Lloyd's Rep 602 - considered whether a Freezing Order requires an "accrued " cause of action, whether English law recognises the tort of "wrongful attachment" (in relation to a "Rule B" attachment which had been obtained in New York and the correct procedure for continuing a freezing order where a substantive arbitration is taking place.

Texuna International Ltd v Cairn Energy Plc [2005] 1 BCLC 579 - a leading case on the principles applicable to security for costs applications.

Instructed by insurers in film finance litigation including, Royal Bank of Canada v Maurice Howell and Others and Filmline International v Etheridge and Others. Both cases concerned the proper construction of a TVC insurance policy and allegations of non-disclosure and misrepresentation. Acted for reinsurers in arbitration arising from Kingscroft and others v Nissan.

A v Secretary of State for the Home Secretary [2006] 2 AC 221 (House of Lords) - the seminal case on whether evidence alleged to have been obtained by torture is admissible to detain terrorist suspects.

City of London v Sancheti [2009] 1 Lloyd's Rep 117 (Court of Appeal) - the first case to consider the power of the court to stay English Court proceedings where a related Bilateral Investment Treaty Arbitration is taking place. The case also concerned the relationship between "contract claims" and "treaty claims".

Dabhol Power Station - represented the Government of India in the Bilateral Investment Treaty Arbitration relating to Dabhol Power Station. The case raised various public international law issues, including in relation to the law of expropriation.

Maher Arar v John D Ashcroft, Former Attorney General of the United States, et al (United States Supreme Court, pending) - a claim by a Canadian citizen for damages from federal officials for delivering him from their custody in the United States to Syria for purposes of torture and arbitrary detention, under the practice known as "extraordinary rendition". Drafted amicus brief setting out the relevant jurisprudence and practice in Europe.

Hamdan v Donald Rumsfeld et al (United States Supreme Court, March to April2006) - a challenge to the Military Commissions established by the United States to try the detainees at Guantanamo Bay. Assisted in drafting amicus brief on the relevant common law principles.

Chief Justice of Pakistan v President of Pakistan and others (Pakistan Supreme Court, July 2007) - the main issue in the case was whether the suspension from office and treatment of the Chief Justice of Pakistan was constitutional. Drafted amicus brief on the principles relating to independence and impartiality of judges.

Challenge to Law 975/2005 (Colombian Constitutional Court)- a challenge to the Colombian law which regulated the demobilization of the paramilitaries. Drafted amicus brief on whether under international law, in the context of widespread killings and human rights abuses, the State has a duty to investigate and there is a "right to truth" .

X v United Kingdom (European Court of Human Rights, pending) - applicant argues that the "Regulation of Investigatory Powers Act 2000" (which governs surveillance operations by the UK authorities) breaches the ECHR (in particular, Articles 8 and 13)

Consolidated Contractors International Company SAL and Consolidated Contractors (Oil and Gas) Company SAL v United Kingdom (European Court of Human Rights, pending) - applicants argue that the UK breached their rights under the ECHR, in circumstances where the English courts imposed conditions on their rights to pursue appeals.

He has also conducted various human rights missions abroad, including in Colombia, Afghanistan and Darfur.