Litigation & Dispute Resolution


Overview

One should choose his own battles : with whom, where,
why, how, at and to what level, fight to what extent.

Acharya Chanakya
(greatest statesman, political strategist, economist and philosopher)

In cricket, a ball well left is a stroke well played

Disputes – litigation, arbitration, alternative dispute resolution is a strategy. Dispute resolution must make practical and commercial sense to clients. We advise you on what should be fought and what should not. We help you identify and chose your battles. This strategy is essential for corporate management and growth plans. Pre-dispute strategy, oft neglected, is by far one of the most crucial aspects, as much as the dispute stage and post dispute stage.

The Firm represents clients interests across industry segments – such as manufacturing, energy, telecom, pharmaceuticals, FMCG / FMCD, automobile, hospitality, services sectors, technology sector, media and entertainment, financial services and banking, real estate etc. Being involved with a wide spectrum of industry segments gives us multi dimensional approach to issues and draw up suitable solutions for the clients; many of which solutions / legal arguments are on first principles.

Advisory and counsel for litigation/dispute resolution is provided to clients for various fora both in India and abroad. Regularly, clients are represented before institutions such ICC, AAA, LCIA, SIAC and the likes. Our uniqueness lies in case specific in-house research, drafting ability and appearing before various arbitration institutions, Courts, tribunals and Commissions. Focusing on result oriented strategy and options from which the client could choose, our clients faith in us makes us one of the leading disputes practice in India.

Being experienced aggressive litigators bringing incisiveness from the outset, our lawyers appear regularly before the Supreme Court of India, various High Courts, Electricity Regulators various State Commissions, Company Law Board, Securities Tribunals, international arbitration forums, Telecom Regulator etc. regarding commercial disputes, construction and project arbitration, competition law issues such as abuse of dominance, cartels, tacit collusion, constitutional matters, arbitration related litigation, IPR battles, banking and securitization disputes, electricity projects and regulatory issues, and the likes. Clients are represented before the Competition Commission of India for various competition law issues.

Experience

Arbitration

  • Representing one of the largest cooling towers manufacturing company in their US $ 110 million arbitration against one of the largest electrical power plant manufacturer of the world
  • Appearing and advising in 6 different arbitrations on behalf of one of the biggest EPC companies in India against various Petroleum Refineries
  • Appearing and advising in two Arbitral Proceedings for a Turnkey Project and Engineering Procurement and Construction company for their claims concerning ethanol plants
  • Appearing and advising in 6 different arbitrations for one of the most recognized international automobile companies
  • Representing a leading telecom tower & infrastructures company in their US $ 50 million arbitration against a leading telecom infrastructure service provider
  • Advised one of the largest pharmaceutical MNC for their international arbitration matter before the American Arbitration Association
  • Appeared on behalf of a company in the energy sector for arbitration on issues concerning electricity franchisees contracts
  • Advised and appeared for Power Distribution Company in the Arbitration matter initiated against an electricity state utility in relation to dispute concerning interpretation of Power Distribution Agreement involving claim amount of Rs 14 Crores
  • Appearing and advising in a commercial arbitration for breach of trust on behalf of a Mumbai based marketing and distribution company
  • Appearing and advising in an arbitration for one of the reputed Human Resource firms in India for breach of contract and restitution
  • Appeared on behalf of a steel company in a commercial recovery Arbitration matter
  • Acting for an off-shore construction company against ONGC where arbitral award hasn’t been passed for 17 years
  • Advising and appearing for a leading ethanol manufacturer in their construction arbitration involving bad faith, impossibility to perform issues
  • Advising and acting for off-shore construction companies for their commercial disputes, technical claims, commercial claim arbitration and litigation arising from such actions
  • Appearing before various Arbitral tribunals in real estate matters, power projects, construction contracts, securities, commercial cause, commercial recoveries involving billions of Rupees
  • Appeared as Counsel for enforcing an International Arbitration award in India and defending the challenge to the award

Competition

  • Filed information and obtained a favourable order from the Competition Commission of India against the abuse of dominance by Coal India and its subsidiaries in supply of coal to the core industries like sponge iron manufactures. This is one of the biggest competition action initiated against Coal India (a public enterprise enjoying statutory monopoly) in recent history
  • Represented one of the largest infrastructure finance companies in their action, before the CCI, prosecuting an abuse of dominance action
  • Representing a housing complex and residents in their action against the developer for abuse of dominance and unfair trade practices

Commercial Litigation

  • Advising and acting for off-shore construction companies for their commercial disputes, technical claims, commercial claim arbitration and litigation arising from such actions
  • Appeared for one of the largest container terminal in India for their issues concerning their status as an Export Oriented Unit
  • Appearing in various securities matters in SAT and other fora. Appear regularly for stock exchange arbitrations
  • Representing a stock exchange on their securities regulatory issues before SEBI and other fora
  • Representing a leading global resturant chain in their trade mark dispute in India
  • Representing one of the largest hotel chains of the world for their India corporate disputes & regulatory advisory
  • Representing a leading US multinational in their project related disputes in India & Israel
  • Appearing as counsel in various Company Petitions relating to winding ups, corporate governance, share holders agreement disputes, etc
  • Acting as counsel for former employees implicated for leaking confidential data, where the approximate claim is of Rs. 2,000 crores
  • Acting as counsels and Advisors for Credit Information company where the approximate claim is of Rs. 1,300 crores
  • Acting as advisors and counsel for Credit Information company involving the challenge to the Constitutionality of the Central statute under which such entities are organised
  • Acting as advisors and counsels for leading FMCG companies on issues concerning distributorships, competition law aspects, food laws, weights and measures, corporate governance and the likes
  • Acting as advisor to a leading corporate company against mis-management by its CEO in the insurance sector
  • Acting as advisors and counsel for various property issues concerning tenancy, illegal possession of land, heirship, and property redevelopment
  • Advisor to one of India’s largest watch manufacturers for their commercial, litigation and corporate issues
  • Acting as advisors and counsel for automobile company involving tenancy, commercial cause issues
  • Acting as advisors and counsel for electronic reseller issues involving services in consumer matters
  • Represented Raj Travels in all their corporate matters & disputes

Engineering Procurement Construction (EPC) / Turnkey Projects

  • Representing one of the largest cooling towers manufacturing company in their US $ 110 million arbitration against one of the largest electrical powerplant manufactures of the world
  • Acting for an off-shore construction company against ONGC where arbitral award hasn’t been passed for 17 years. Matter pending final hearing in Supreme Court. From arbitration procedural case, the case has now become one of constitutional importance involving questions i.e. legitimate expectation, right to justice, right to life due to denial of justice etc
  • Acting and appearing for parties involved in construction arbitration involving over a billion dollars in claims
  • Appearing for a construction group against Konkan Railways in challenging their arbitration award concerning construction claims
  • Advising and appearing for a leading ethanol manufacturer in their construction arbitration involving bad faith, impossibility to perform issues
  • Acting as Counsel & Advocate-On-Record for a State Utility against their arbitration appeal in Bombay High Court against a contractor for claim of approximately Rs. 3,000 crores
  • Advised and appearing before the Central Electricity Regulatory Commission, India, for a sugar factory for obtaining Renewable Energy Certificates
  • Representing State Utilities for their tariff and policy matters before MERC and APTEL
  • Representing Maha Co-Gen Green Power Producers Association, Maharashtra Biomass Energy Developers Association and Kalyani Renewable Energy India Ltd. in their tariff and policy matters before MERC
  • Representing a leading metals company of India on their regulatory issues concerning transmission system use and PPAs
  • Acted for State Utility for their Additional Supply Charge issues before MERC (Maharashtra State Electricity Regulatory Commission) & APTEL (Appellate Tribunal for Electricity, India)
  • Advised and appeared as Counsel for an electricity state utility for their issues concerning tariff for wind generated power purchase involving financial implications in excess of Rs 800 crores every year for 8 years
  • Appeared for an electricity state utility for their various issues arising from their PPAs of cogeneration plants, hydro plants and captive plant
  • Acting as advisors and counsel on issues concerning tariff for conventional, wind and hydel generated power purchase
  • Advised and filed a petition before the MREC for refund of approximately Rs 1.5 Crore wrongfully recovered by an electricity state utility and state transmission company from a short term TSU under the Power Purchase Agreement
  • Advised and representing Power generators of State of Maharashtra and other states challenging the concept of cross subsidy surcharge
  • Advising companies on open access and cross subsidy surcharge issues
  • Advised power generators and open access users on power exchange issues
  • Represented a power generating company on their issue concerning franchisee arrangements and breach of contracts
  • Representing a small Hydro generator for their increase in tariff issues
  • Representing a small Hydro generator for their open access and banking facility issues

Energy

  • Advised and appearing before the Central Electricity Regulatory Commission, India, for a sugar factory for obtaining Renewable Energy Certificates
  • Acting as Counsel & Advocate-On-Record for a State Utility against their arbitration appeal in Bombay High Court against a contractor for claim of approximately Rs. 3,000 crores
  • Representing State Utilities for their tariff and policy matters before MERC and APTEL
  • Representing Maha Co-Gen Green Power Producers Association, Maharashtra Biomass Energy Developers Association and Kalyani Renewable Energy India Ltd. in their tariff and policy matters before MERC
  • Representing a leading metals company of India on their regulatory issues concerning transmission system use and PPAs
  • Acted for State Utility for their Additional Supply Charge issues before MERC (Maharashtra State Electricity Regulatory Commission) & APTEL (Appellate Tribunal for Electricity, India)
  • Advised and appeared as Counsel for an electricity state utility for their issues concerning tariff for wind generated power purchase involving financial implications in excess of Rs 800 crores every year for 8 years
  • Appeared for an electricity state utility for their various issues arising from their PPAs of cogeneration plants, hydro plants and captive plant
  • Acting as advisors and counsel on issues concerning tariff for conventional, wind and hydel generated power purchase
  • Advised and filed a petition before the MREC for refund of approximately Rs 1.5 Crore wrongfully recovered by an electricity state utility and state transmission company from a short term TSU under the Power Purchase Agreement
  • Advised and representing Power generators of State of Maharashtra and other states challenging the concept of cross subsidy surcharge
  • Advising companies on open access and cross subsidy surcharge issue
  • Advised power generators and open access users on power exchange issues
  • Represented a power generating company on their issue concerning franchisee arrangements and breach of contracts
  • Representing a small Hydro generator for their increase in tariff issues
  • Representing a small Hydro generator for their open access and banking facility issues

*Please note that the experience mentioned above is only representative, some engagements / assignments / instructions cannot be mentioned for reasons of confidentiality.