Mohinderpal Sethi KC’s international and offshore expertise in the Middle East, Caribbean and Channel Islands spans the full range of commercial, employment, partnership and sport litigation and arbitration. He is a Top-Ranked (Tier 1) Leading Silk in commercial dispute resolution (Legal 500 EMEA).
“He frequently acts for some of the biggest clients in the financial services industry. He is particularly knowledgeable about restrictive covenants and specialises in complex international business protection litigation in the context of restraint of trade and team moves.” (Chambers UK 2024)
In recognition of his market-leading international work, he won:
International law
- Supreme Court leapfrog appeal: Led a team of barristers in the UK Supreme Court in defence of ground-breaking claims brought against a senior diplomat of the Kingdom of Saudi Arabia. The only-ever case to be granted permission to ‘leapfrog’ appeal directly from the EAT to the Supreme Court. In a ‘world-first’, it is the leading case on the scope of diplomatic immunity and the meaning of commercial activities under the Vienna Convention on Diplomatic Relations. The landmark judgment provides guidance on wide-ranging matters of public international law, international human rights and modern slavery under the Palermo Protocol (Basfar v Wong [2023] AC 33 (SC), [2022] ICR 1255 (SC)).
- Supreme Court state immunity appeal: Acted for the Kingdom of Saudi Arabia in a leading case on the doctrine of state immunity to employment claims (The Royal Embassy of Saudi Arabia v Constantine).
- Retained EU law: Appeared for Kuwait in the first-ever case post-Brexit to consider the impact of the EU Charter on Fundamental Rights no longer being part of UK law and the impact of the EU (Withdrawal) Act 2018 on general principles of EU law governing international human rights (Fenniche v Kuwait).
- Diplomatic immunity against employment claims: Public international law, international human rights and EU law (Al-Malki v Reyes[2014] ICR 135, [2013] IRLR 929).
Middle East including DIFC & ADGM
Mohinderpal Sethi KC is a Top-Ranked (Tier 1) Silk for Middle East commercial litigation and arbitration (Legal 500 EMEA). He also stands out as the only ranked silk by Chambers Global 2024 for Employment DIFC & ADGM Litigation. He is Co-Head of the Middle East Group.
Recent appearances include many groundbreaking cases:
- First-ever full discrimination trial in the DIFC courts: Defended a global bank in the first-ever full discrimination and victimisation trial in the DIFC courts under the New Employment Law No.2 of 2019 (Mahmood v Standard Chartered Bank).
- Ultra-high value claim: Defended a global steel and mining business against ultra-high value claims (USD 40 million) brought by its former CEO (Kahlon v Liberty Steel Group Ltd).
- Major team move litigation: Extremely high value (USD 8 figures) commercial offshore claim for interim relief and damages arising from an unlawful 10-person team move conspiracy in the cryptocurrency industry (Zeniq Technologies Ltd v Ramziq Technologies Ltd & 8 ors).
- First-ever whistleblowing trial: First-ever whistleblowing claim to reach trial in the DIFC courts under the new Employment Law (Lawal v Commerzbank AG (DIFC Branch)).
- Major team move dispute: Large scale team move involving over two dozen financial services professionals moving from a DIFC entity to a rival Abu Dhabi entity.
- First-ever employee competition injunction: First-ever restrictive covenant and confidentiality injunction in the DIFC (ED&F Man Capital Markets MENA Ltd v RJ O’Brien MENA Capital Ltd anor)
Caribbean
Mohinderpal is highly ranked (Tier 2) in The English Bar Offshore (Legal 500 Caribbean). He has acted in numerous commercial, employment and partnership disputes in the Caribbean including under BVI, Cayman Islands, Bermuda and Turks & Caicos law.
- Cayman Islands offshore partnership dispute: Successfully defended complex claims under Cayman Islands Law against offshore magic circle law firm (Clark v Harney Westwood & Riegels [2021] IRLR 528).
Channel Islands
- Injunction under Guernsey law: Entrusted by a leading Channel Islands firm of advocates in the first-ever non-competition and confidentiality injunction under Guernsey law against an advocate and rival offshore law firm.
Marshall Islands
- Directors’ duties under Marshall Islands law: High value Commercial Court trial concerning fiduciary duties of company director in the shipping industry under the law of the Marshall Islands (Seahorn Sarl v Navios Corporation anor).
What independent researchers say about his international and offshore practice:
- “He is a tremendous barrister, both in an advisory capacity and on his feet in the court room. He quickly understands the issues and dissects complex matters with nonchalant ease. He is smart, detail-orientated and pugnacious.” (Legal 500 EMEA 2023)
- “Mohinderpal Sethi KC is practical, makes things easy to understand, is well organised and clients absolutely love him. He is quick in deciphering key issues and suggesting a plan of action.” (Chambers Global 2023)
- “Mohinderpal is an absolute genius at work and an expert in his field. He has the ability to shift through jargon and explain the situation in plain English.” (Chambers Global 2023)
- “If I need a KC, it would be him.” (Chambers Global 2023)
- “He is exceptional.” (Chambers Global 2022)
- “He is excellent.“ (Chambers Global 2022)
- “A go-to employment barrister – he exudes confidence and is extremely knowledgeable.” (Legal 500 EMEA 2021)
- “Mohinderpal Sethi KC’s workload has included a number of highly sensitive cases concerning the free zone’s most prestigious financial and professional services firms.” (Legal 500 EMEA 2021)
- “Commentators note his expertise in restrictive covenant work, further mentioning that“he’s fantastic with clients and he’s able to explain things to them in an easy manner.” (Chambers Global 2021)
- “Equally charming and ferocious, he is impressive on his feet.” (Legal 500 EMEA 2020)
- Mohinderpal Sethi KC is a significant player when it comes to litigious employment issues in the UAE. He is prominent in the DIFC courts, and sources speak highly of their experiences of working with him, with one mentioning: “He is fantastic. If people have knotty DIFC matters he is the go-to.” One commentator enthused that “he is excellent, very well prepared and a very effective advocate.” (Chambers Global 2020)
Related publications and training
Mohinderpal was invited to speak at the following international law events:
- European Employment Lawyers Association Annual Conference 2024 in Reykjavik, Iceland.
- International Forum of Senior Executive Advisers Annual Conference 2024 in London, UK.
- 22KCs on the Hot Employment Law Topics 2024-25 on the topic of International Employment Law