Garbhan SHANKS

I have over 25 years' experience of litigation, arbitration and mediation in commercial disputes, often with international and civil fraud elements, with a particular focus in insurance and group actions.

My job is to successfully navigate clients to the end of a dispute process as efficiently and effectively as possible.

I primarily act for policyholders in the financial services, pharmaceutical, energy, retail, manufacturing, construction, utilities and transport sectors to recover insurance indemnities properly due under construction all-risks, product liability / recall, Bermuda Form, professional indemnity, property, business interruption, ATE, D&O, employers' liability, public liability, political risk / political violence / credit risk, corporate crime (1st and 3rd party) and cyber / privacy insurance policies. I’m currently acting in recovery actions relating to political risk and political violence losses in Mozambique and Côte d'Ivoire, in addition to ad hoc arbitration proceedings against excess insurers in a product liability coverage dispute.

I also specialise in reinsurance coverage disputes and have acted in leading cases Wasa v Lexington (last House of Lords’ reinsurance judgment concerning Alcoa pollution losses across the USA) and Aioi v Heraldglen (arising from the 9/11 World Trade Centre losses) and have recently represented reinsurers in a $500 million LCIA political risk expropriation coverage arbitration relating to a loss in South America, and a $100 million political risk coverage dispute relating to the 2021 Zuma riots in South Africa.

My commercial disputes practice involves both defendant and claimant work, such as miss-selling, professional negligence and breach of contract / warranty claims, and I have an established expertise in funded claims, group actions, asset recovery and civil fraud matters.

I have acted in numerous ad hoc and institutional arbitrations, particularly those governed by the LCIA, ICC and SCC Rules, which has become an increasingly popular option for my clients, especially with enforcement to mind.

I speak French / have a French law degree and am part of the French desk at Fladgate.