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Portrait ofKushal Gandhi

Kushal Gandhi

Partner
Solicitor Advocate, CMS UK

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, Hindi, Gujarati

Kushal is a partner in the Finance Disputes team in London specialising in Finance and FinTech dispute resolution. He is an experienced litigation and international arbitration practitioner. He is also an active member of the CMS India Desk. Kushal regularly assists clients to navigate complex issues, including cross-border disputes. He also helps develop risk mitigation strategies and obtain emergency relief from Courts and Tribunals.    

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Publications

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Education

  • 2007 – LPC (Distinction), The University of Law, London
  • 2006 – LLB (First Class Hons), Durham University, Durham
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03/04/2016
CMS Guide to Anti-Bribery and Corruption Laws
We are delighted to present the fourth edition of the CMS Guide to Anti-Bribery and Corruption Laws. Since the last edition was published in 2014, there have been significant changes to the global anti-cor­rup­tion...

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01/03/2024
Digital Assets
Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.
16/01/2024
Singapore High Court denies stay on crypto class action against blockchain...
In Julian Moreno Beltran, Douglas Gan Yi Dong v Terraform Labs Pte Ltd and others [2023] SGHC 340 (the “Terraform Case”), a case involving the collapsed TerraUSD (“UST”) stablecoin, the Singapore...
08/01/2024
Digital asset fraud and the challenges of claims against uniden­ti­fi­able...
IntroductionThe High Court’s recent judgment in Tippawan Boonyaem v Persons Unknown [2023] EWHC 3180 (Comm) demonstrates the challenges faced by victims of digital asset fraud, who are typically defrauded...
04/12/2023
Hague 2019 and recognition and enforcement of foreign judgments – a welcome...
UK Government confirms entry into Hague 2019On 23 November 2023 it was confirmed that the UK government will sign the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments...
15/11/2023
Cross Border Financial Regulation
How to keep pace with the ever changing landscape of regulation?
24/08/2023
Is cryptocurrency property capable of being held on trust?
This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.Recently, the Singapore High Court in ByBit Fintech Limited v Ho Kai Xin [2023] SGHC 199 (“ByBit”)...
25/07/2023
Enforcement of arbitral award refused in crypto-related dispute
The English High Court has refused to enforce a foreign arbitral award in a crypto-asset related dispute, as to do so would be contrary to public policy.Back­ground:As set out in our previous Law-Now on...
13/07/2023
Supreme Court decides that a victim of APP fraud cannot bring a claim against...
In a much-anticipated judgment handed down on 12 July 2023 (Philipp judgment), the Supreme Court has decided that an individual customer that makes a payment pursuant to an APP fraud cannot bring a claim...
12/07/2023
India: third-party funder not liable for adverse costs award in arbitration
Delhi High Court rules that a third-party funder was not liable for an adverse costs arbitral award against the funded party. Back­ground­In 2018, Tomorrow Sales Agency Private Ltd (“TSA”) was approached...
30/06/2023
Sibner Capital Ltd v Jarvis and another [2022] EWHC 3273 (Ch) and the concepts...
The concepts of “good faith” and “absolute discretion” were considered in the case of Sibner Capital Limited v Neil David Martin Jarvis & Suzanne Jane Hughes [2022] EWHC 3273 (Ch). In this briefing...
08/06/2023
High Court orders transfer of cryptoassets into England and Wales to allow...
The High Court of England and Wales has ordered Huobi Global Limited (“Huobi”), the operator of the cryptocurrency exchange involved in the litigation, to transfer into England and Wales cryptoassets...
25/05/2023
Crypto fraud: role of exchange as a constructive trustee
In a recent judgment the English court has discharged an interim proprietary injunction that was made against a crypto exchange and considered issues around the position of a crypto exchange as a constructive...