It is best if the arbitral tribunal decides on the question of the existence of a valid arbitration agreement. When there is a doubt regarding the validity of an arbitration agreement, the Court must send the matter to the arbitral tribunal
In a recent case, the Supreme Court (SC) has observed that Section 12(5) of Arbitration and Conciliation Act r/w the Seventh Schedule, concerning ineligibility of a person to be appointed as an Arbitrator, is a non-derogable and mandatory provision of the Act. While considering the case, the Bench observed that
The Supreme Court has ruled that powers under Articles 226/227 should be used sparingly by High Court (HC) when it comes to interfering with arbitral process. Such power should be exercised only in exceptional rarity, wherein one party is left remediless under the statute or a clear ‘bad faith’ shown by one of the parties.
High Court’s Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court (SC) The Supreme Court (SC) has observed that the power of the High Court (HC)
The Supreme Court (SC) has said tenant-landlord disputes under the Transfer of Property Act can be resolved through Arbitration instead of time-consuming and expensive litigation.
The apex court held that arbitral tribunals have the power to decide such disputes under the Transfer of Property Act, 1882. However, such disputes covered and governed
Supreme Court (SC) has observed, “…, we are of the considered opinion that the Arbitration Act, 1996 has accepted the territoriality principle which has been adopted in the UNCITRAL Model Law. Section 2(2) makes a declaration that Part I of the Arbitration
The Supreme Court (SC) has dismissed the special leave petition of a firm that wanted to skip the statutory Arbitration clause in a contract and approach the court directly instead
In Big Charter Pvt Ltd v. Ezen Aviation Ptv Ltd, the Delhi High Court (HC) was of the view that under Section 9 of Arbitration and Conciliation Act, 1996 (1996 Act) application of an arbitration proceedings in a foreign court does not take away the jurisdiction of an Indian court. The Court was also of the view that since arbitration law in India has been codified
The Bench of Chief Justice Mohammad Raq was hearing an application led under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner- SJ Biz Solutions Pvt. Ltd. led an application (for short, ‘Act, 1996’) seeking appointment of an independent arbitrator to arbitrate the disputes between the Petitioner
The National Company Law Appellate Tribunal (NCLAT) has said insolvency proceedings cannot be triggered on the basis of debt that has been converted into capital such as equity of a company. The appellate tribunal also said any investment cannot be ‘financial debt’ and
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The event aims to identify and felicitate lawyers who exemplify distinction, quality service delivery and demonstrate superior leadership, reputation, and profile as Indian Lawyers.
India Business Law Journal – published online and in print at law.asia – is a market-leading monthly magazine that delivers expert analysis of the legal and regulatory challenges facing domestic and international businesses in India.
Asian Legal Business (ALB) is owned by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals.
BW Legal World brings together the global Business and Legal demographic on one platform.
For 33 years, The Legal 500 has been analysing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market.
Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers.
Asialaw is the only legal directory featuring a comprehensive analysis of Asia’s regional and domestic firms, and leading lawyers from the region
The Associated Chambers of Commerce & Industry of India (ASSOCHAM) is the country’s oldest apex chamber.
IFLR1000 is a leading international legal market research product specialised in ranking financial and corporate law firms and lawyers.
Founded in 1994, Mondaq is an intelligent syndication platform providing world-class content and insights from professional services firms.
EDUCATION
B.S.L LL.B degree from ILS Law College in 2005
LLM post graduate degree in Commercial Law from University of Glasgow in 2006
Certificate Course in Strategic Leadership from IIM Calcutta in 2019
Diplomas in Cyber Laws, Medical Jurisprudence and Forensic Sciences, Human Rights and International Law.
MEMBERSHIP
Bar Council of Delhi, 2007
EXPERIENCE
Kashu has over 13 years of experience as a corporate and commercial lawyer.
Her area of expertise is in the field of Commercial/corporate law. She has experience in the field of data protection laws, privacy compliance, drafting and negotiation of contracts, legal project management, mediation, negotiating Tender/RFP/RFQ and software licensing.
Kashu has also handled contract lifecycle management of commercial contracts for hardware and telecom industries.
EDUCATION
B.A., LL.B (Hons.) degree from Maharashtra National Law University, Nagpur in 2022
Distance Learning Copyright Programme with Harvard Law School (in collaboration with NLU, Delhi) for 3 months in 2022
EXPERIENCE
Sragvi is deeply involved in the energy and infrastructure space. She advises clients in respect of legal diligence, risk assessment and public policy aspects of energy and infrastructure projects.
She is also involved in handling matters in relation to emerging technology.
EDUCATION
B.B.A., LL.B (Hons.) degree from University of Petroleum and Energy Studies, Dehradun in 2022
EXPERIENCE
Richa has a keen eye for matters in the Technology, Media and Telecommunication space. She regularly advises clients in respect of contracts involving SAAS (software as a service), SAAP (software as a product), and production of full CGI animation clips.
She has extensively worked on structuring transactions and preparing agreements with channel partners involved in the on-line lending facilitation platform (lenders, co-branding partners, sourcing partners).
Richa also handles matters in the in the oil, gas, LNG and hydrogen space.
EDUCATION
B.A., LL.B (Hons.) degree from National Law School of India University, Bangalore in 2021
EXPERIENCE
Ashwini has a natural inclination towards Technology, Media and Telecommunication. He advises clients engaged in activities involving Artificial Intelligence, on-line gaming, on-line platforms, and e-tendering.
He is also part of transactions involving Renewable Energy and development of infrastructure such as aviation fuel farm.
EDUCATION
B.B.A LL.B (Hons.) degree from Vivekananda Institute of Professional Studies (GGSIPU) in 2019
Qualified Company Secretary, Institute of Company Secretaries of India in 2019
LLM post graduate degree in Corporate and Financial Laws, Jindal Global Law School in 2022
MEMBERSHIP
Bar Council of Delhi and the All-India Bar Council in 2019.
EXPERIENCE
Praneet has over three years of experience in handling corporate and commercial matters. She specializes in handling Foreign Direct Investment and Overseas Direct Investment, Legal Due Diligence, Corporate and Capital Restructuring and Joint Ventures, Collaborations, Investments & Acquisitions.
She has extensively worked on drafting, negotiating and finalizing documents, including, Contract Manufacturing, Licensing Contracts, Distribution Agreement, Procurement Agreements, preparation of Policy documents for pharmaceutical companies.
Praneet is closely involved in transactions involving renewable energy, unconventional energy and waste management solutions.
EDUCATION
B.A. LL.B. (Hons.) degree from Amity Law School, Noida in 2020
A certificate course in alternate dispute resolution from Maadhyam, an International Council for Conflict Resolution.
MEMBERSHIP
Bar Council of Delhi
EXPERIENCE
Aditi has over two years of experience handling civil (property matters, matrimonial and family matters, recovery matters, employment matters) and commercial matters.
She represents clients before the District courts in Delhi and Gurugram. She also appears before the Delhi High Court and other fora including, Haryana Real Estate Regulatory Authority at Gurugram, Consumer Forums at Delhi and Gurugram, and Labour Courts at Gurugram.
Aditi is also involved in arbitrations relating to construction and infrastructure contracts in the oil and energy sectors.
EDUCATION
B.A. LL.B. (Hons.) degree from Amity Law School, GGSIPU in 2012
A certificate course in Corporate Laws from Indian Institute of Corporate Affairs.
MEMBERSHIP
Bar Council of Delhi
EXPERIENCE
Avsi has over ten years of experience in civil, commercial & corporate, litigation and arbitration. She specializes in handling disputes relating to engineering, construction and procurement contracts in the oil and energy sectors, infrastructure contracts, real estate disputes, contractual disputes, laws relating to micro, small and medium enterprises, white collar crimes, cybercrimes and recovery claims.
She regularly appears before the High Court of Delhi, District Courts in Delhi and Gurugram, Arbitral Tribunals and National Company Law Tribunal & Appellate Tribunal. She also assists clients in resolution of disputes (via conciliation, mediation or out of court settlement)
EDUCATION
LL.B Degree from Ranchi University, Ranchi, in 1992, Bachelor of Arts (B.A.), Economics degree from St, Columbus College in 1987.
MEMBERSHIP
Bar Council of Delhi in 1993.
EXPERIENCE
Deepak has over 30 years of rich experience before Central and State Industrial Tribunals and Labour Courts, Delhi, Provident Fund Appellate Tribunal, Employees’ State Insurance Court, Authorities under Payment of Gratuity Act, Delhi Shops and Establishments Act, Minimum Wages Act, and various other authorities under Labour and Employment Law.
He is adept on the advisory and transaction side of service, contract labour, employment & labour laws, and human resources.
Deepak has extensively worked on Writ Petitions under Articles 226 and 227 of Constitution of India, Land Acquisition matters. He has undertaken due diligence exercise in the power sector.
EDUCATION
LL.B. degree from Himachal Pradesh University, Shimla in 2009
LLM post graduate degree from Kurukshetra University, Kurukshetra, Haryana in 2014
MEMBERSHIP
Bar Council of Himachal Pradesh
EXPERIENCE
Nipun has over 13 years of trial court experience. He advises clients on matters relating to labour and employment laws, insolvency and bankruptcy law, motor accident & insurance claims, recovery suits, money laundering, forgery, theft of information, criminal breach, and extortion.
He represents clients before the District and Session courts in Delhi and Gurugram. He also appears before the Delhi High Court and other fora including, Industrial Disputes Tribunals at Gurugram, Haryana Real Estate Regulatory Authority at Gurugram, Consumer Forums at Delhi and Gurugram, National Company Law Tribunal & Appellate Tribunal and ICAI Appellate Tribunal.
EDUCATION
B.A., LL.B. (Hons.) degree from The National Law School of India University, Bangalore, India in 1995.
Certified Information Privacy Technologist – GDPR
MEMBERSHIP
Bar Council of Delhi in 1996
EXPERIENCE
Suniti is known for her eye for detail and provides a strategic, often simple yet innovative approach to complex legal transactions. She heads the corporate and commercial practice at the firm and has over 27 years of experience in the corporate sector.
One of her strengths lies in structuring transactions and documentation, domestic and cross-border, in sectors including energy, infrastructure and petrochemical and information technology. She has also worked with several domestic and overseas clients on a wide variety of transactions including inbound and outbound investments, mergers and acquisitions, and joint ventures.
EDUCATION
B.A., LL.B. (Hons.) degree from The National Law School of India University, Bangalore, India in 1995
Oxford Fintech Programme (Nov 27, 2017 to March 23, 2018), SAID Business School, University of Oxford
MEMBERSHIP
Bar Council of Delhi in 1995
EMPANELMENT (PUBLIC)
The High Court of Delhi (Middle Income Group) Legal Aid Society
EXPERIENCE
Divjyot is known to provide strategic, innovative and cost-effective solutions to complex legal challenges. He heads the dispute resolution and alternative dispute resolution practice at the firm. He has an acute insight into legal and commercial risk assessments, and regularly advises clients on risk mitigation measures. His strength lies in settling disputes at the pre-litigation stage and even when the matter is well-entrenched into the litigation process.
In a career spanning over 27 years, he has handled litigation and arbitration in diverse areas including energy- conventional and unconventional, engineering construction, real estate and information technology, employment laws (particularly employer-employee relationship management) and the infrastructure sector. He has represented various clients before the Hon’ble Supreme Court of India, High Courts, Competition Commission of India, Competition Appellate Tribunal, Consumer forums, Debt Recovery Tribunals and Debt Recovery Appellate Tribunal and various other regulatory boards.
He is a seasoned and experienced litigator and has represented various Public Sector Enterprises and Private Entities across a wide range of matters. He also extends his hand of experience with counsels in foreign jurisdictions, including, the Republic of Singapore and certain states in the United States of America.
Divjyot stands by ensuring personalized attention to clients and time-efficient services in a transparent manner.
