Rabia has most recently advised an Austrian investment bank, Raiffeisen Bank International AG (RBI) on its claim in the Commercial Court against Asia Coal Energy Ventures Ltd (ACE), a BVI SPV controlled by an Indonesian oligarchical group, and against the international law firm, Ashurst LLP. The claim is for approximately US$70 million and arises out of the sale of a package of loans and collateral by RBI to ACE which was not completed by ACE, and the release of the funds held for the purchase by Ashurst. The case involves issues of construction, professional liability and privilege with a significant Court of Appeal ruling being given in 2019 regarding the doctrine of legal professional privilege. Rabia successfully managed the case to a three week fully virtual trial with evidence given by factual and expert witnesses from multiple locations around the world during the Covid-19 pandemic.
Prior to this case, Rabia acted for Oversea-Chinese Banking Corporation (OCBC) in its claim against ING Bank for damages of approximately $14.5 million for breach of warranties given by ING Bank in an agreement between the parties for the sale of ING Bank’s Asian private banking business to OCBC. The case was highly complex and involved issues of Singapore accounting law, Swiss Insolvency law, and the calculation of the Early Termination Sum in an ISDA Agreement. The case also went to trial in the Commercial Court in January 2019.
Rabia has also recently successfully advised clients in defending claims against them of defamation and malicious falsehood.