Arbitration, both domestic and international, forms a major part of Arshad's practice. The bulk of Arshad’s work however has an international dimension, either involving foreign clients or legal or arbitral proceedings in other jurisdictions. Arshad has been or is involved in arbitrations taking place in New York, Malaysia, Hong Kong, Oman, India and Indonesia.

Most recently, Arshad has acted for the successful Claimants in:

• a $10milion LCIA arbitration concerning the distribution of travel goods (2008, details confidential) 
• an ICC arbitration regarding an aborted trade in Medium Term Notes (2009. details confidential).
• a Hong Kong arbitration regarding liability for damage to cargo caused by inadequate lashing under the Gencon 94
• respect of a dispute regarding withdrawal from a series of 10 year consecutive voyage charters, most likely to result in LMAA arbitration

Arshad is also currently acting in a number of on-going multi-million dollar LCIA, DIFC-LCIA, ICC and ad hoc arbitrations. These range from payment disputes under a turnkey contract to disputes regarding the maintenance of power and desalination plants (details confidential).

In 2010 Arshad commenced sitting as an arbitrator, receiving 3 party nominations for arbitrations proceeding in the Indian energy sector. Arshad is still active in one of these, concerning a dispute arising under a contract for the supply of power machines.He also continues to be involved in various shipping arbitrations under LMAA rules, in one of which, relating to the hire of various tug boats, he is retained by a foreign government.  In the past Arshad has acted in ship-building and ship repair arbitrations, both for the yard and the purchaser.

On the domestic front, Arshad was counsel in an arbitration involving a regional police force following their termination of a contract with vehicle recovery agents. Arshad was also junior counsel in the first case to reach the House of Lords (and sole counsel in the lower courts) on the interpretation of the Arbitration Act 1996: Inco Europe v First Choice Distribution [2000] 1 WLR 586; [1998] 1 WLR 270.

Arshad is also an accredited mediator and has appeared as counsel in successful mediations. Arshad is on the panel of arbitrators of the World Intellectual Property Organisation (WIPO), the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA).

Arshad is consistently recognised as a leading aviation junior by both Legal 500 and Chambers & Prs.  He has particular expertise in issues of ownership, leasing and financing. He has lectured on the Capetown Convention to specialist aviation solicitors and has been involved in a number of aircraft financing and leasing disputes. He has been asked to be a speaker for the IBA Aviation Law Sub-Committee at the Annual IBA Conference in Madrid 2009 on security and repossession rights.

He has advised on injunctions over aircraft in support of non-payments of lease rentals; has been retained in a major case for an airline against a premiere engine manufacturer, raising significant and novel issues about duty of care and aviation safety policy; and has assisted in drafting and advising on various other aviation related transactions, including an $80m purchase of helicopters by the Royal Oman Police. He has also given advice on the pension scheme of an airline. He is frequently instructed in cases involving air charters and seat sale agreements. Other experience includes various Fatal Accident Act claims involving aircraft crashes; disputes over brokers’ commissions; advice to a major rail freight operator on emergency timetables following the Hatfield disaster as well as on track access agreements; and a large number of CMR and carriage by road disputes.

 Some of Arshad’s case references in this field are: 

• London 28 v Eimskip [on-going]
• London 28 v Air Atlanta [on-going]
• Celtic Capital v Air Tanzania [on-going]
• Emerald Airways v Rolls-Royce Plc and ors [2006]
• XL v New Horizons [2007]
• Excel v GM Tours [2002]
• Aviation accidents: AAIB Bulletins 11/2006, 4/2004, 1/2003 and 1/2001    
• Indian Airlines v GIA [2003 All England Official Transcripts]; 
• Case C-64/99 Pace Airline Services v Aerotrans.

In the last few years Arshad has been instructed in several matters of note, the details of many of which are confidential. Amongst others, these have included a multi-million dollar dispute regarding long-term cargo haul arrangements of a petroleum development company; advising on a $3 billion public procurement contract; publishing agreements; merchandising rights; music concert promotion; distribution agreements; asset and share sale agreements; collective investment schemes; ownership of a Top Level (Country Code) Internet Domain; software development and licensing agreements; the use of nominees in sham transactions; trade mark infringement and passing off claims involving a global luxury brand,  and ownership of shares in mining companies.

Arshad has also been engaged in drafting transactional documents for the supply and maintenance of a 3G mobile communications network and for the development of an Integrated Tourism Complex in Oman, as well as drafting standard terms and conditions for recovery agents.

Arshad’s experience further covers commodities disputes; financing disputes; letters of credit cases; civil fraud; conflict of laws; and agency cases, in particular commercial agency claims for compensation or indemnity.

Some of Arshad’s cases in these various areas are:

• Davenport v House of Dee plc [2009] (commercial agency)
• Tom Stevenson v Dorling Kindersley [2009] (publishing agreement)
• AMG Global Nominees (Private) Ltd V SMM Holdings Ltd [2008] EWHC 221 (Ch) (13 February 2008) and [2008] EWCA Civ 1262 (Nov 2008) (share ownership)
• Godfrey v Torpy [2007] EWHC 919 (Ch) (fraud; sham transactions)
• Sharma v Sood [2006] EWCA Civ 1480 (concert promotion; procedural rights at trial) 
• Express Newspapers v Animated Expressions [2006] (merchandising rights in “Rupert the Bear”)
• Wiheshi v Tayeb [2005] (dispute re a CC TLD)
• Ark v Event Vision [2004] EWHC 691 (event management contract)
• Flynn v Wheatcroft, The Irish Times, 21 January 2004, p.1 (sale of fake Nazi memorabilia)
• Bosman v LKW Walter [2002] EWCA Civ 850 (warehouse security)
• Clark (Inspector of Taxes) v Perks [2000] 1 All ER 1 (rights of appeal)
• Prolaw v Adams [1998] 1 WLR 1379 (civil procedure)

Arshad’s company and partnership law profile continues to grow. Amongst others, he has acted in partnership disputes involving accountants and solicitors and in particular in relation to LLPs.

On the company law front, in late 2008 Arshad successfully concluded litigation in the Court of Appeal which had been on-going for 3 years between his client and a Government of Zimbabwe nominee company involving issues of financial assistance and disputed title to bearer share warrants, commenced as an application under section 359 of the Companies Act 1985: 

• AMG Global Nominees (Private) Ltd V SMM Holdings Ltd [2008] EWHC 221 (Ch) (13 February 2008) and [2008] EWCA Civ 1262 (Nov 2008).

Arshad also appeared for the successful Claimant in:

• Corporate Development Partners LLC v E-Relationship Marketing Ltd [2007] EWHC 436 (Ch) (09 March 2007),

also involving questions of financial assistance, and has experience of section 459 / 994 petitions. In addition, since 2005 Arshad has been retained by and acted in a dispute concerning a large UK Mosque organized as a company limited by guarantee, in which issues of membership, mismanagement, financial transparency and directors’ duties all arose. The matter has since been settled through mediation.