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RUPERT D'CRUZ

 

Rupert D’Cruz specialises in commercial and chancery litigation and international arbitration. He is recognised as a leading commercial barrister and a leader in his field in Chambers and Partners UK, Chambers & Partners Global and The Legal 500  in which he has received the following commendations:

  • "very bright”;  
  • "calm and thorough”; 
  • "highly responsive”; 
  • "advocacy is excellent”;  
  • "succeeds in obtaining the relevant responses without being aggressive  
  • "heavily involved in commercial litigation and arbitration related to the CIS”;  
  • "singled out for his authoritative arguments in court”.

Rupert’s principal areas of practice are:

  • Commercial Contract Disputes
  • Civil Fraud and Asset Tracing
  • Company and Shareholder Disputes
  • Banking and Securities
  • Sale of Goods
  • Chancery, Equity and Trust Disputes

Further details of his specific experience in these areas can be found on the "Commercial” page below and the attached c.v.

Rupert, a Russian speaker, has particular expertise in Russian/CIS related litigation and an extensive working knowledge and practical experience of local law and practice.

He holds the following positions of responsibility in relation to Russia and the CIS:

  • Bar Council International Committee representative for Russia and the CIS
  • Secretary of the British-Russian Law Association (BRLA)
  • Secretary of the British-Kazakh Law Association (BrKLA)
He is also the co-ordinator of Littleton’s CIS Group

 

Rupert also sits as arbitrator in LCIA arbitrations involving CIS parties.

 

    Areas of Practice

Commercial Contract Disputes: Assignments; agency (including commission claims); breach of fiduciary duty; fraud; breach of warranty of authority; subrogation; mistake; misrepresentation; undue influence; illegality; limitation; estoppel; res judicata; abuse of process; enforcement of foreign judgments and arbitral awards.

Civil Fraud and Asset Tracing: Dishonest assistance; knowing receipt; breach of fiduciary duties (directors, employees agents); conspiracy; deceit; procuring a breach of contract; constructive trusts; unjust enrichment; money had and received; restitution; carousel/vat frauds; jurisdictional disputes (domicile, necessary or proper party, fair trial issues, forum convenience, lis alibi pendens, anti-suit injunctions); freezing injunctions; interim remedies in support of foreign proceedings; search and seizure orders.

Company and Shareholder Disputes: Directors’ duties (breach of fiduciary duties; conflicts of interest; disclosure duties); joint venture disputes; share issues and transfers (including enforcement of share option agreements); rights of pre-emption; validity of purchases by a company of its own shares; waiver of statutory formalities; s.994 petitions; winding-up petitions and related claims.

Banking/Securities: Duties of care to customers/third parties; payments by mistake; rights and duties of mortgagees, charges and pledgees; enforcement of guarantees.

Sale of Goods: Disputes over title; conversion claims. (waivers, discharges of torts, acquisition of title under the Sale of Goods Act 1979); disputes over quality/fitness for purpose.

Chancery, Equity and Trust Disputes: Breach of trust and fiduciary duties; constructive and resulting trusts; TOLATA claims; estoppel; restitution; undue influence and unconscionability; unjust enrichment.

    Recently Reported Cases

Yugraneft v Abramovich, Millhouse Capital (UK) Ltd and Berezovsky [2008] All ER (D) 299 (Oct) (Proceedings against Russian citizen and English company; alleged fraudulent dilution of shares in Russian company; proper law; dishonest assistance; delict; unjust enrichment; restitution; double actionability; jurisdiction challenge; Judgments Regulations; necessary or proper party; issue estoppel; res judicata; limitation)  

Re OJSC ANK Yugraneft, Millhouse Capital UK Ltd v Sibir Energy plc and others [2008] All ER (D) 311 (Oct) (Russian liquidator applying for winding up petition of Russian company and appointment of provisional liquidator in England; company subsequently commencing proceedings against applicants; applicants seeking dismissal of winding up petition)

Abou-Rahmah v. Abacha & Ors [2007] 1 All ER (Comm) 827, 9 ITELR 401 (banking; advance fee fraud; dishonest assistance; money had and received; negligence; duties to third parties; money laundering duties; resulting trust)

Re Areamas Ltd [2007] All ER (D) 56 (Jun) (company, winding up, advertisement, whether bona fide dispute on debt).

Fresh ‘N’ Clean (Wales) Ltd v Miah (2006) LTL 3/10/2006 (breach of fiduciary duty, dishonest assistance, carousel fraud)

Fresh ‘N’ Clean (Wales) Ltd v Miah [2005] All ER (D) 368 (Apr) (carousel fraud, civil procedure, application of CPR Part 14 (judgment on admission))

Onyeador v. Miss World Ltd [2005] All ER (D) 257 (Apr), (commercial contract dispute, assignment, agency, subrogation, constructive trust, illegality)

Humphreys v. Humphreys [2005] 1 FCR 712 (undue influence; misrepresentation, unconscionable bargain; limitation).

    Russia/CIS (1)

Rupert has worked extensively across Russia and the CIS on a number of legal matters. In addition to Russia, his CIS experience has involved work in/in relation to Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Ukraine and Uzbekistan.

He has extensive working knowledge and practical experience of the following areas of local law and practice: Duties of representatives /agents; directors’ duties; shareholder rights; delict; unjust enrichment; abuse of rights; limitation; civil procedure in connection with commercial fraud claims; criminal law and procedure relevant to commercial fraud claims; insolvency law (including creditors’ rights); rule of law issues.

Recent CIS cases in which he has been involved include:

  • Yugraneft v. Abramovich, Millhouse Capital (UK) Ltd and Berezovsky
  • Re OJSC ANK Yugraneft, Millhouse Capital UK Ltd v Sibir Energy
  • Gudavadze, Patarkatsishvili, Zhmotova & Others v. Kay and Patarkatsishvili
  • BTA Bank v Ablyazov & Ors
  • Concept Oil Services Ltd v En-Gin UK Ltd & others
  • Contractual dispute between Russian parties over the purchase of a yacht
  • Corporate dispute between Kazakh and Russian parties relating to the enforcement of a share option agreement
  • LCIA arbitration between Russian parties involving a commodities dispute
  • LCIA arbitration between Russian parties involving a joint venture dispute

    Russia/CIS (2)

  • LCIA arbitration between Russian parties involving a joint venture dispute
  • Fraud dispute between Ukrainian parties relating to the sale and purchase of oil
  • Enforcement of an arbitral award involving Russian and English parties
  • Enforcement of a Russian court judgment
  • Sale of goods dispute between Russian and Indian parties
  • LCIA arbitration between Kazakh and Russian parties involving breaches of fiduciary duties by directors and consequential claim for rescission
  • Advising on the non-contractual enforcement remedies available to the proposed transferee of the borrower’s rights under a $250 million facility agreement between two Russian parties.
  • Advising on jurisdictional issues in relation to a 300 million fraud dispute involving Russian parties
  • Winding up petition based on a Russian court judgment
  • Contractual dispute between Kazakh and English businesses
  • Breaches of a director’s duties in relation to a company with Kazakh-based operations
  • Banking and fraud dispute involving Russian parties
  • Contractual dispute between Georgian and Italian companies
  • Corporate/shareholder disputes involving Ukrainian parties

    Recemt Articles & Lectures

  • Damages in Commercial Litigation
  • Relief for Fraud Claims – An Update
  • Fraud, Misrepresentation and Deceit – Choosing Your Remedy
  • Shareholder Disputes – Obtaining Relief from the English Courts
  • Conflicts of Laws in Corporate and Shareholder Disputes
  • Disputes Arising from Shareholder Agreements
  • Professional Negligence Claims Against Auditors
  • Duties of Solicitors and Other Professional Advisers to Third Parties
  • Non-Party Cost Orders
  • Interim Remedies in Support of Foreign Litigation and Arbitration – How And When English Courts Can Assist
  • Litigating Russian and CIS related fraud claims in England: ((i) establishing jurisdiction; (i) conflicts of law issues; and (iii) relevant Russian law issues)
  • The Enforcement of Foreign Judgments and Arbitral Awards in England & Wales
  • Enhanced Protection of Creditors’ Rights – Recent Changes in Russian Insolvency Law
  • The Rule of Law in Russia from the Perspective of Foreign Investors

    Recent International Seminar Presentation

January 2011: Bar Council/British Embassy seminars (St Petersburg and Kyiv): Litigating and Arbitrating Commercial Disputes in England: Practical Tips for Foreign Lawyers, Different ways in which jurisdiction can be established in England.

April 2011: BRLA/British Consulate seminar (Ekaterinburg): Application of English Law in Russia – (Shareholders Rights and Related Issues): Shareholder Disputes – Obtaining Relief from the English Courts

May 2011: BKLA seminar (Almaty) on Transactional Issues and Dispute Resolution under English and Kazakh Law. Establishing jurisdiction in England

June 2011: English Law Week (Moscow): Arbitrating Russian Disputes in England

September 2011: American Bar Association CIS Dispute Resolution Conference (Moscow): Third Annual Conference on Resolving Business Disputes. Shareholder Disputes: Protecting Minorities and Joint Venture Partners in Russia, England, the Netherlands and Cyprus
September 2011: First Legal Forum (Almaty): Oil & Gas Disputes: Choosing between Arbitration and Litigation.

October 2011: ABA Fall Meeting (Dublin): Obtaining Interim and Emergency Relief in Support of Arbitration – From the English Courts, the London Court of International Arbitration and English Tribunals generally.

February 2012: CIS Wealth Planning Conference (Zurich): Getting your disputes heard in England

June 2012: White Nights Conference (St Petersburg): Moderator of session entitled – Law & Justice : Made in the UK

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Rupert D'Cruz
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