Harkiran Hothi

Partner Litigation
Kirkland & Ellis International LLP

London +44 20 7469 2315

Harkiran Hothi

Overview

Harkiran Hothi is a partner in the Firm’s international arbitration and litigation group in London. Harkiran has wide-ranging experience in international arbitration. She has represented multinational corporations and government entities in both institutional and ad hoc arbitrations in a number of venues and under various applicable laws.

In addition, Harkiran has extensive experience in defending clients in complex cross-border white-collar crime investigations. She regularly advises clients on sensitive matters involving the UK Bribery Act 2010. Harkiran also routinely advises clients on compliance and anti-bribery due diligence and producing and implementing compliance programmes.

Harkiran is responsible for litigation know-how and training within the Firm’s London office.

International Arbitration

  • Representing a manufacturer of specialty chemicals in various LCIA arbitrations under the laws of Virginia and Switzerland. Disputes arising out of a number of related agreements. Venue - London.
  • Representing an English manufacturer in proceedings for injunctive relief in an LCIA arbitration and substantive proceedings arising out of pricing mechanism. English law. Venue - London.
  • Representing a U.S. automotive company in an ICC arbitration arising out of a Mexican joint venture. Mexican law. Venue - Paris.
  • Representing a Middle Eastern publicly traded company in an ICC arbitration against a governmental ministry arising out of a customs enhancement programme in Africa. Kenyan law. Venue - London.
  • Representing a private equity portfolio company in an arbitration under the Rules of the Swiss Chamber of Commerce for breach of warranties and representations under a share purchase agreement. Swiss law. Venue - Zurich.
  • Representing a private equity fund in an ICC arbitration for claims relating to breaches of a non-compete agreement in connection with an investment in Turkey. English law. Venue - London.
  • Representing a consortium of investment banks in an LCIA arbitration relating to global risk insurance coverage of the bank’s investment in a power company in Argentina.
  • Representing several U.S. investment banks in major LCIA arbitration involving utilities companies in Latin America.
  • Representing a US automotive repair company in an UNCITRAL arbitration against two French and Spanish automotive repair companies. Swiss law. Venue - Geneva.
  • Representing a multi-national utilities company in an expert determination in Oman.

Government, Regulatory and Internal Investigations

  • Representing a petrochemicals company in a long running investigation by the Serious Fraud Office into breaches of United Nations sanctions and allegations of overseas corruption.
  • Representing a petrochemicals company in a long running investigation by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) into breaches of United Nations sanctions, breaches of U.S. sanctions and potential breaches of the U.S. Foreign Corrupt Practices Act (FCPA).
  • Representing a pharmaceutical company in a global FCPA investigation initiated by the SEC/DOJ.
  • Representing a global media business in an internal investigation into possible breaches of duty and fraud by an employee.
  • Representing a professional firm in an SEC investigation into an audit of a major oil and gas company.
  • Representing a global construction company in a compliance review investigating potential breaches of the FCPA.
  • Representing a corporate client in an internal investigation regarding potential breaches of public international law.
  • Advising various clients on anti-bribery and corruption matters in the context of corporate transactions.
Shearman & Sterling (London) LLP, 2002–2005

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Thought Leadership

Publications

"Commercial Court honours its name: taking a commercial approach to a section 67 challenge", Thomson Reuters’ Practical Law Arbitration Blog, 11 August 2022

“Practice Direction 57AC: one year on…”, Thomson Reuters’ Practical Law Arbitration Blog, 23 May 2022 

“Can an arbitral award be challenged on the grounds of a third-party litigation funding costs award?”, Thomson Reuters’ Practical Law Arbitration Blog, 10 February 2022 

“2021 arbitration year in review”, Thomson Reuters’ Practical Law Arbitration Blog, 24 December 2021, Co-author Noah Stewart-Ornstein

"Court finds a path to resolve conflicting jurisdiction clauses",  Thomson Reuters’ Practical Law Arbitration Blog, 25 November 2021

“2020 arbitration year in review”, Thomson Reuters’ Practical Law Arbitration Blog, 23 December 2020, Co-author Noah Stewart-Ornstein

“When can a company’s shareholders and creditors claim against third parties? Reflective loss following the Supreme Court’s decision in Marex”, Corporate Rescue and Insolvency, 20 October 2020, Co-authors Kate Stephenson, Alexander Rayner

“How will an arbitration agreement influence the court’s approach in relation to a winding up petition?”, Thomson Reuters’ Practical Law Arbitration Blog, 27 August 2020, Co-author Kate Stephenson

“Impact of Restructuring and Insolvency on Arbitration”, Thomson Reuters’ Practical Law Arbitration Blog, 9 July 2020, Co-author Kate Stephenson

“2019 arbitration year in review”, Thomson Reuters’ Practical Law Arbitration Blog, 17 December 2019, Co-author Noah Stewart-Ornstein

“When Arbitration, Politics and Sanctions Collide: The Iranian Ministry of Defence and Support for Armed Forces Logistics v International Military Services”, Practical Law Arbitration Blog, 19 August 2019

“What will be the impact of a no-deal Brexit on civil judicial cooperation between the UK and EU?”, Corporate Disputes Magazine, April–June 2019, Co-author Noah Stewart-Ornstein

“EU member states agree to terminate their intra-EU BITs: is this the end of intra-EU BIT arbitrations and what about Brexit?”, Thomson Reuters’ Practical Law Arbitration Blog, 8 February 2019, Co-authors Chiraag Shah, Philipp Kurek

“2018 arbitration year in review”, Thomson Reuters’ Practical Law Arbitration Blog, 19 December 2018, Co-authors Noah Stewart-Ornstein, Molly Beck

“An End to Wrotham Park Damages?”, Corporate Disputes Magazine, October–December 2018, Co-author Alexander Tiffany

“2017 arbitration year in review”, Thomson Reuters’ Practical Law Arbitration Blog, 20 December 2017, Co-authors Chiraag Shah, Noah Stewart-Ornstein

“Resisting Enforcement: What a Difference a Day Makes”, Corporate Disputes Magazine, July–September 2016, Co-author Laura Evans

“Q&A, Drafting Contractual Provisions for Dispute Resolution”, Corporate Disputes Magazine, April–June 2013

“The impact of the Jackson reforms on cost management and funding arrangements in the context of commercial civil litigation”, Corporate Disputes Magazine, January–March 2013, Co-authors Rajinder Bassi, Philipp Kurek

“The world is their oyster? The globalisation of investigations”, Global Reference Guide 2012: Litigation & Dispute Resolution, Co-authors Chris Colbridge, Rajinder Bassi

“Cross-border co-operation in the investigation of fraud — mutual criminal legal assistance”, Serious Economic Crime, a boardroom guide to prevention and compliance, November 2011, Co-authors Chiraag Shah, Chris Colbridge

Memberships & Affiliations

Member of the Law Society

Member of the LCIA

Credentials

Admissions & Qualifications

  • 2004, Admitted to Practice as a Solicitor of England and Wales

Languages

  • Punjabi

Education

  • BPP Law School, LondonLegal Practice Course2001
  • University College LondonLL.B., LawHons.2000