Our People

Kartik Mittal

Senior Solicitor


Career Summary

Kartik is a dual-qualified lawyer (in England & Wales and India) with substantial experience in handling diverse litigation and arbitration caseload.  Notable cases include two well-known Supreme Court Cases: Bank Mellat v HM Treasury and Jivraj v Hashwani. Considerable experience in handling commercial and sanctions litigation in English Courts, and sanctions litigation in the European Court of Justice (relating to sanctions imposed on Iran, Russia and Republic of Congo). Handled GAFTA Arbitrations and International Commercial Arbitrations, both ad-hoc and institutional under ICC, LCIA and DIAC.

Kartik holds a Masters Degree in Law from Warwick University, a Diploma in Indian Corporate law and a WIPO certificate in International Intellectual Property Rights.

Cases

  • Bank Mellat v HM Treasury [2013] UKSC 38 & [2013] UKSC 39 - Challenge brought by Bank Mellat, under s.63 of the Counter-Terrorism Act 2008, to set-aside the Financial Restrictions (Iran) Order 2009. The Supreme Court held the Financial Restrictions (Iran) Order 2009 to be unlawful.
  • Jivraj v Hashwani [2011] UKSC 40 - The Supreme Court considered and laid down the test to determine whether a class of employment was protected under discrimination legislations and went into the interpretation of the provisions of the Employment Equality (Religion or Belief) Regulations 2003 (now restated under the Equality Act 2010).
  • Jayesh Shah & Anr. v HSBC Private Bank (UK) limited [2010] EWCA Civ 31 - US$ 330 million damages claim arising out of Suspicious Activity Reports (‘SAR’) made by HSBC Bank to the Serious Organized Crime Agency (‘SOCA’) under the Proceeds of Crime Act 2002 (‘POCA 2002’). This Judgment had a great bearing on banks in the UK as it opened the possibility for bank employees to be summoned and cross-examined before a court to prove ‘genuine and honest suspicion’.
  • PEC Ltd v Asia Golden Rice Co. Ltd [2014] EWHC 1583 (Comm) - The Court had to determine whether an employee of an Indian Government Public Sector Undertaking (PSU) had authority to enter into a contract on behalf of the PSU. This case finds reference in the latest edition of Bowstead & Reynolds on Agency and is also commonly referred for clarifying the position under GAFTA 125 Arbitration Rules i.e. that a Jurisdiction challenge must be made within 28 days of the first tier award irrespective of the fact that there is an appeal on other matters to the GAFTA Appeal Board.
  • IPartner Pte Shipping Ltd & Ors v Panacore Resources DMCC & Ors: [2014] EWHC 3608 (Comm) - A committal application against companies and their directors on the basis that they had failed to comply with certain provisions of a worldwide freezing order. The Court held that if a company fails to comply with the terms of a freezing order, the Court could fine or imprison its director(s) if it could be proved that the director(s) had wilfully failed to comply with an order.
  • Union Marine v Government of Comoros: [2013] EWHC 5854 - The Court opined that an agreement which states that “the parties could decide to submit any dispute between them to an arbiter of their choice in London” was a valid arbitration agreement under the English Arbitration Act 1996, rather than a mere agreement to agree. The Court said that under English law parties can enter into an optional arbitration agreement i.e. an agreement that gives a party the option to refer the dispute to arbitration and once that option is exercise it becomes binding between the parties.

Specialist areas

  • Commercial Litigation & Arbitration
  • Sanctions Litigation
  • GAFTA Arbitration
  • Maritime Litigation & Arbitration

Languages

  • English
  • Hindi
  • Punjabi

Professional Memberships

  • London Maritime Arbitrators Association (LMAA) 
  • Young International Arbitration Group (YIAG)
  • Delhi High Court Bar Association (DHCBA)
  • London Young Lawyers Group (LYLG).

Education

  • First Class with Distinction, Masters in International Corporate Governance and Financial Regulation- University of Warwick
  • First Class with Distinction, Bachelor’s Degree in Law - Symbiosis International University, Pune, India
  • Higher Second Class, Bachelor’s Degree in Social & Legal Sciences - Symbiosis International University, Pune, India
  • Diploma in Corporate Laws in India- Indian Law Society’s Law School, Pune, India
  • Certified Course in Intellectual Property Rights - World Intellectual Property Organization