• Telecommunications Industry - International arbitrations arising out of shareholders agreements (SHA) and joint ventures: Our team has represented client in an international commercial arbitration administered in terms of the SIAC Rules 2016. We represented the majority shareholders in the dispute, which arose in relation to a SHA executed for the purpose of launching a sports channel in India, and wrongful termination of ancillary agreements executed between parties pursuant to the SHA by the minority shareholders. The three-member Tribunal comprised of well-known international practitioners. The issues involved included the applicability of the Group of Companies Doctrine to bind non-signatories to an arbitration agreement, remedies available in case of breach of good faith obligations in a contract, reference of disputes arising under multiple interlinked agreements forming part of a composite transaction to arbitration under the principal agreement, enforceability of agreements to agree under Indian contract law and common law. We also liaised with quantum experts for quantification of damages as a result of wrongful termination of SHA and ancillary agreements. We also contested challenges to the jurisdiction of the Tribunal raised by the minority shareholders.

 

• Construction Sector: International and domestic arbitrations arising out of road and railway construction contracts adopting FIDIC as the GCC – Our team has wide ranging experience in representing government entities as well as leading private companies in disputes arising out of road and railway construction contracts which adopt internationally recognized standard form contracts such as FIDIC as the General Conditions of Contract. We have devised strategies for supporting as well as defending claims encompassing a wide array of aspects in construction contracts, such as claims arising out of force majeure, change in law, price variations, additional works performed beyond the scope of contract, Employer’s risks, claims for extension of time and additional payments / Costs, reimbursement of taxes and royalties, and interpretation of FIDIC “time-bar” clauses under Indian contract law.

 

• Challenges to Arbitral Awards and Interim Reliefs: We have represented clients for challenging as well as defending arbitral awards before jurisdictional fora, including under Section 34 of the Indian Arbitration Act. We have also represented clients seeking or opposing interim protections from Courts and Arbitral Trbunals, including under Sections 9 and 17 of the Indian Arbitration Act. Our team has gained exposure to various aspects involved in such proceedings, including the scope and ambit of Sections 9 and 34 of the Indian Arbitration Act and applicability of the 2019 amendments to such proceedings.

 

• We are representing Centrient Pharmaceuticals India Private Limited., an Indian subsidiary of a Dutch pharmaceutical company, in challenging an award passed in favor of Hindustan Antibiotics Limited., in an arbitration initiated under a Joint Venture Agreement entered for the manufacture of penicillin. There are several proceedings that are ongoing before the Pune District Court, the Hon'ble High Court of Bombay, and the Hon'ble Supreme Court of India. 

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• The matters involve interesting questions of law – such as - applicability of the to the proceedings, scope of challenge under Section 34 particularly in view of the amendments, also whether a party can seek interim protection under Section 9 of the Act for claims that have been rejected by the arbitrators in their Award etc.