Areas of Service

1. OUR INTERNATIONAL DISPUTE RESOLUTION AND INVESTIGATIONS PRACTICE EXPERTISE

Globalization and the growth of international commerce have created an unprecedented need to efficiently resolve cross-border disputes. With the evolution of effective and efficient arbitration systems, complex issues relating to enforcement of foreign arbitration awards and judgments are constantly being deliberated upon. For arbitration to gain prominence as the preferred mode of dispute resolution, an in-depth analysis of the various legal issues arising therein is required. The recent developments in the Arbitration and Conciliation Act, 1996, The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act , 2015, the Specific Relief Act, 1963, are all aimed at enhancing the contract enforcement regime and ease of doing business in India and has made significant improvements in the dispute resolution mechanism in India.

At NDA, we have developed a strong expertise and carved a niche for ourselves in the areas of inbound and outbound litigation, international commercial arbitration and investment treaty arbitration, with a strong focus on complex cross-border disputes. We also focus on corporate frauds and white- collar crime/ economic offences, involving foreign multinationals and foreign directors. Due to our industry focused approach we provide very creative solutions for commercial, regulatory and anti-trust litigations. NDA strives to provide its clients with creative, pragmatic solutions and effective dispute resolution strategies.

We are actively involved in various matters related to Bilateral Investment Treaties, Private International Law, Corporate Laws, Insolvency and Bankruptcy laws, Intellectual Property Laws, Employment Laws, Competition and Anti-Trust Laws and Commercial Laws; and have represented clients on several litigation matters and provided key pre- litigation strategies to clients in industries such as media, entertainment, infrastructure, pharma, healthcare, cosmetics, franchising, machinery & equipment manufacturing, outsourcing and financial services.

At NDA, we have developed a strong focus on the Insolvency Laws, especially after the enactment of the Insolvency and Bankruptcy Code, 2016 (“IBC”), a detailed list of our expertise has been set out below. In the erstwhile regime, we successfully advised secured and unsecured creditors, large corporations, investment and commercial banks, international hedge funds etc., in relation to winding up and debt recovery proceedings. We are also actively involved in resolution of Intellectual Property disputes, enforcement of Intellectual Property rights, pre-litigation advisory services and devising strategies for both Indian and cross border dispute resolution mechanisms.

In addition to the numerous engagements before the Supreme Court of India, various high courts, lower courts, and tribunals including the National Company Law Tribunal (“NCLT’), the Copyright Board, Securities and Exchange Board of India, Securities Appellate Tribunal, IPR Tribunals, CCI etc, we are consistently engaged to appear before foreign and domestic seated Arbitral Tribunals, often administered by globally renowned international arbitral institutions including London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), and International Centre for Dispute Resolution (ICDR- AAA) amongst others. Over the last few years we have specifically focused on in house advocacy wherein we argue the briefs before Courts, tribunals and other adjudicatory forums.

We have strong expertise in handling corporate frauds, white collar crimes/economic offences in various matters related to violation of foreign exchange laws, securities law, import-export norms, data theft, intellectual property theft, insider trading, corporate insolvency, breach of fiduciary responsibilities, corporate defamation, corporate law non-compliance, money laundering, and corporate corruption. We have advised and assisted clients in several investigations, litigations and pre- litigation strategies in these areas and have represented them before several regulators and investigating agencies including the Enforcement Directorate, Crime Branch of Indian Police, Serious Fraud Investigation office, Special Directorate of Enforcement, Cyber Crime Cell, Securities & Exchange Board of India, Registrar of Companies/Ministry of Company Affairs, United States Securities and Exchange Commission, etc.

We also provide strategic and legal assistance to clients involved in outbound (from India) litigation and also manage global litigations for clients in foreign jurisdictions. We have advised and assisted on several global litigation and outbound litigations for clients involved in media, entertainment, infrastructure, franchising, machinery and equipment manufacturing, outsourcing, art funds and financial services in respect of their disputes in United States, Belgium, Singapore, United Kingdom, Germany, Switzerland, etc.

2. ACCOLADES

• Financial Times Asia Pacific Lawyer Awards: Joint winners of Innovation in Rule of Law and Access to Justice (2019, 2017, 2016, 2015, 2014)

• Asia Law Profiles: ‘Highly Recommended’ Dispute Resolution Practice and recognized Vyapak Desai as ‘Market Leading Lawyer’ (2019).

  Client feedback: Vyapak Desai - “Good knowledge, and able to come up with effective strategies.” Ashish Kabra - “Good knowledge, very prompt and responsive.”

• Legal 500: Ranked as ‘Tier 1’ law firm for Dispute Resolution (2017 – 19).Vyapak Desai received special mention in the lawyer ranking.

• India Business Law Journal: Nishith Desai (Founder) recognized as one of the Top 100 Lawyers in India.

• Chambers & Partners: Recommended for Dispute Resolution (2018)

• Benchmark Litigation Asia Law: Vyapak Desai recognized as ‘Dispute Resolution Star’ (2018)

• RSG Rankings: Nishith Desai Associates has been ranked among the top 10 law firms in the RSG Top 40 Indian Law firms Rankings (2017)

• Legal Era Young Achievers Award, 2017 – Vyapak Desai

• Dispute Resolution Practice of Nishith Desai Associates recognized as “Highly Recommended” by Asia Law Profiles, 2016.

• Young Achiever Award in India Legal Awards, 2016 - Moazzam Khan, Head, Global Litigation Practice

• Awarded by IDEX Legal Awards 2015 - Best Dispute Management Law firm of the year.

• Asian-Mena Counsel ‘In-House Community Firm of the Year’ in India for International Arbitration (2011).

• Honorable mentions by Asian - Counsel 2011 for International Arbitration.

• Listed in the Asian Legal Business Watch list of ‘Top 10 Firms to Watch’ in 2009.

3. SCOPE OF SERVICES

We advise and have represented clients on:

I. ARBITRATION

A. Foreign Seated Arbitrations

• An Indian company against one of the world’s largest communication services group in a multimillion dollar SIAC arbitration pertaining to earn-out and non-compete issues.

• An Indian subsidiary of a Japanese multi-national conglomerate against an India multinational corporate in multiple high-value and complex international arbitrations before SIAC, claiming indemnity and purchase price adjustments for disputes arising out of an M&A transaction.

• Minority shareholders of a pharmaceutical company against its American Joint Venture partner in a multi-million dollar arbitration before SIAC, Singapore in an exit dispute.

• India’s largest post production house in a multi-million dollar dispute against a private equity investor in Emergency Arbitration before SIAC.

• An Indian cable manufacturer in a multi-million Euro joint venture dispute against its Italian partner before the LCIA, UK.

• World’s second largest oilfield services company in an ad-hoc international commercial arbitration seated in London conducted as per UNCITRAL Rules and now representing in enforcement of the foreign award.

• A private equity fund against Indian conglomerate for an exit dispute before the ICC.

  International mediation under the American Arbitration Association (AAA) and negotiated a successful settlement.

B. India Seated Arbitration

• One of the biggest real estate investment fund for an exit dispute against Indian Promoters.

• USA based, one of the world’s largest software and graphics company against Indian project management consultants, relating to disputes arising out of construction and handover of certain premises of the software company in India.

• World’s largest medical devices, pharmaceutical and consumer packaged goods manufacturer against its distributor in relation to dispute arising out of a Distribution Agreement.

• One of the world’s largest sovereign wealth funds in respect of an exit dispute against Indian promoters. World’s second largest oilfield services company against an Indian party in relation to performance and breach of contracts.US based fund in relation to dispute against Publishing and Exhibition Company.

• Indian pharmaceutical company against foreign entities (USA and Canada) before the Supreme Court of India and successfully procured a landmark ruling in which a non-party to the arbitration agreement was referred to arbitration by lifting the corporate veil.

• One of India’s largest industrial power supply company having global presence and subsidiaries, in its dispute against investors.

• Indian subsidiary and operating unit of one of the world’s largest graphic processing unit design and manufacturing house in commercial disputes.

• One of India’s largest dyeing companies in arbitration proceedings pertaining to a construction dispute.

C. Bilateral Investment Treaty/Energy Treaty Arbitration

• Acted as the lead arguing counsel in successfully representing a foreign government in a USD 50 Billion investment treaty award enforcement in India;

• US real-estate fund in relation to their investment in a SEZ in Southern India involving issues of bribery and corruption and affixation of state responsibility.

• A telecom giant in a multi-billion investment arbitration against Government of India.

• Consortium of six global funds in relation to potential claims against Government of India.

• Sovereign wealth fund in potential invocation of a BIT arbitration against the Government of India. The matter was eventually resolved amicably and resulted into one of India’s largest M&A transaction.

• Advised a potential claimant on third-party funding in a bilateral investment treaty arbitration.

  Advised an investor group with respect to a potential treaty claim arising out of revocation of approvals by Government of India for large-scale hydropower projects in India.

D. Enforcement and execution of arbitral awards and judgments (foreign and domestic)

• Enforcement in India of awards and judgments issued by Dubai International Financial Centre (“DIFC”) Courts and executing a unique memorandum of guidance on execution of DIFC Court Judgments in India with the Chief Justice of the DIFC Courts;

• A Singapore-based insurance company in enforcement of a judgment of Singapore High Court of over INR 1 billion against an Indian listed entity.

• An Indian fund in a complex enforcement of a multi-billion-rupee arbitral award against an Indian public listed infrastructure company and its promoters involving multiple jurisdictions and legal proceedings;

• A Japanese entity in enforcement in India of a multi-billion-dollar arbitral award delivered in Singapore arising out of the biggest M&A transaction in India.

• Representing a Singapore entity in the enforcement of multi-million-dollar international commercial arbitration award passed in India against an Indian listed entity.

• An Indian (FinTech: Banking and Payment Software Solutions Co.) in proceedings before the Mauritius Supreme Court for setting aside a multi-million-dollar (23 mil) arbitration award seated in Mauritius.

• The world’s largest Art Fund before various courts including Supreme Court of India in a matter concerning enforcement of multi-million-dollar judgment of Commercial Courts, United Kingdom.

• A Korean conglomerate in enforcement of an award passed in an Austria seated ICC arbitration against an Indian public listed company.

• A US-based company involved in the gaming industry for enforcement of an AAA arbitral award passed in US against a Mumbai based leading gaming entity.

• A Swiss multi-national commodity trading and mining company against an Indian public company in enforcement of a Singapore-seated SIAC award.

• An engineering company on the enforceability of an ICC arbitration award passed in London against a US company.

II. INSOLVENCY AND BANKRUPTCY

• India based IT multinational company, in relation to its interests in the restructuring of India’s largest infrastructure and financing company which is undergoing insolvency resolution proceedings. We are also representing them before the National Company Law Tribunal, Mumbai and National Company Appellate Tribunal, New Delhi in the said insolvency resolution proceedings.

• The oldest venture capital fund in the United States in proceedings before the Appellate Adjudicatory Authority in respect of an insolvency resolution plan approved by the Committee of Creditors.

• A large offshore fund for providing interim financing to a company, against which an application for restructuring is currently pending with the National Law Company Tribunal.

• The Indian subsidiary of one of the largest Singaporean telecommunications company in insolvency proceedings initiated by an operational creditor.

• Certain Foreign Currency Convertible Bond holders to initiate an Insolvency Resolution Process against a listed Pharmaceutical Company for default of payments amounting to USD 24 Million. We have also been assisting in the formulation of a resolution plan under the Bankruptcy Code along with the Insolvency Resolution Professional.

• United States based global technology provider, in relation to initiation of insolvency proceedings against an Indian power corporation. We are also representing them before the National Company Law Tribunal, Bengaluru.

• Canada based leading asset management company in relation to their investments and exit options in certain Indian companies, in view of litigation and insolvency proceedings initiated against these entities.

• United States based global investment firm in relation to its deal with an Indian entertainment company, which was faced with litigation and insolvency proceedings.

• Asia’s leading venture lending firm in relation to initiation of insolvency proceedings against an Indian software company.

• A leading global law firm in respect of investments being made by various global investors in the following companies which are undergoing insolvency proceedings in India:

  • India based iron and steel manufacturer

  • subsidiary of one of India’s largest construction conglomerate

  • Two of India’s largest power corporations

• A large oil and gas conglomerate in respect of potential proceedings against their debtor under the Insolvency and Bankruptcy Code, and the implications thereof.

• One of the world’s oldest film studios in initiating insolvency proceedings against an Indian media content company in respect of claims for unpaid license fees.

III. COMMERCIAL LITIGATION

• Representing world’s largest oral care brand, in proceedings before the High Court of Bombay against Advertising Standards Council of India (“ASCI”) and another large oral care brand.

• European sovereign fund, before Indian courts, against its Indian borrower in relation to arbitral proceedings before the Arbitration Institute of the Finland Chamber of Commerce and arbitral award.

• Representing a Singapore based entity against Indian promoters of premium restaurants in India, in the arbitral proceedings filed against the Indian Promoter, and also in the company law petition filed before the National Company Law Board Tribunal alleging oppression and mismanagement.

• One of the world’s largest media-services providers against interim injunction proceedings initiated by a large Indian media-services provider before the Bombay High Court. The proceedings pertained to the release of a much-awaited world-wide series of our client.

• India’s prominent Internet association, against the Central Bank of India and Union Government of India, in respect of prohibitions imposed on dealing in crypto-assets.

• International bondholders in a dispute against an Indian listed pharmaceutical company with respect to FCCB defaults.

• A body of major domestic airlines against a leading airport operator in multiple complex and high value disputes arising out of tariffs imposed on embarking passengers.

• A large multinational footwear company which was arrayed as a party in sexual harassment proceedings which were filed by an employee.

• Prominent French bank in relation to its challenge of the scheme of amalgamation of a large Indian conglomerate.

• French Hospital in respect of proceedings initiated against it in an Indian court by a former patient.

• A global hotel operating chain in issues involving allegations of breach of contractual terms before Courts in India.

• Two Indian ATM service providers in proceedings filed by a public sector bank in a dispute pertaining to deployment of ATM machines across India under a scheme propagated by the Ministry of Finance.

• Association of ATM service Providers against a number of Indian Banks in respect of claims pertaining to the world’s largest demonetization exercise.

• A global conglomerate in its monetary claims against one of India’s largest business houses pertaining to supply of sophisticated, custom manufactured machines in the oil & gas space.

• One of the world’s largest medical device manufacturers in successfully quashing a manufacturing license suspension order issued against one of its major plants in India.

• One of the world’s largest baby cosmetics manufacturers in successfully defending against allegations of harmful ingredients found in two of its cosmetic products.

• Prominent Indian venture capital-funded private hospital chain in a series of investor disputes.

• Subsidiary of a European research based company in the pharmaceutical industry in respect of an internal investigation.

• One of Italy’s oldest and most prestigious universities in respect of local issues pertaining to their Indian operations.

• Film production-company in its dispute with suppliers before the Bombay High Court.

• In a multi-jurisdictional shareholder dispute in one of the largest private organizations in the world engaged in the identification and grading of precious stones in pre-litigation strategy, foreign investment issues, dispute resolution and negotiation.

IV. REGULAR LITIGATION

A. Competition Law

• Leading cement manufacturing company in cartelization investigation before the Competition Commission of India.

• Manufacturing company engaged in the defence sector in a cartelization case.

• Online aggregator in relation to ticketing services on issues under Competition Law.

• A leading consortium of land developers of Delhi-NCR against statutory authorities before the Competition Commission of India in a case concerning abuse of dominance.

B. Drugs, Pharmaceuticals and Cosmetics

• Challenge to a licence cancellations and suspensions under the Drugs & Cosmetics Act.

• Show cause notices before the State FDA and Drug Controller.

• Regulatory litigation under Drug Price Control Orders.

C. Foreign Exchange Laws

• E-commerce entity in relation to proceedings under foreign exchange laws and assisting in preparation of submissions and responses to notices.

D. Securities Laws

• Swiss Bank in proceedings incorporated against the Securities and Exchange Board of India

• Leading listed manufacturer of electrical goods in relation to regulatory matters before the Securities Appellate Tribunal and the Supreme Court.

• One of the largest Art Funds in respect of regulatory issues before SEBI, SAT and the Supreme Court of India.

• Real estate client before SEBI in investigations done in relation to violation of insider trading regulations.

• In one of the biggest insider trading litigation by the US SEC.

• US Telecom Company on a Telecom Dispute Settlement and Appellate Tribunal litigation.

• Director of a leading telecom company in relation to investigation by authorities for non- compliance of FEMA regulations.

• An IT sector company in relation to investigation and arrest made in relation to non-compliance of custom regulations.

V. IP LITIGATION

• World’s largest media-services providers in injunction proceedings, before the Bombay High Court against a well-known Asian Regional movie distributor.

• A service provider in relation to offences of unauthorized access of network and data copying under Information Technology Act and parallel civil proceedings.

• Online platform in resisting injunction and blockage of website under the Information Technology Act before Delhi High Court in trademark and copyright infringement case.

• Large online portal in settling trademark and domain names dispute.

• In a cross-border copyright action for rights relating to Tintin books in the Bombay High Court.

• Leading a film production company in a landmark case on remake rights.

• Leading film Distribution Company with respect to disputes relating to films such as Ghajini, Golmaal and Singh is King.

• Leading theater and film director in India with respect to intellectual property disputes.

• In software space with respect to a dispute with its employees relating to ownership of intellectual property in certain patents.

• An emerging Indian IT company against an established competitor with respect to copyright infringement.

• A number of clients in their domain name disputes before bodies such as World Intellectual Property Organization (WIPO) and NIXI (Indian domain name Registry).

• A leading multi-national gaming company in a domain name dispute and a related case of trademark infringement

• Indian film financier and co-producer in a dispute pertaining to mainstream Hindi feature film against a Bollywood producer.

• Leading international event management-company with respect to infringement of their intellectual property rights and passing off action.

• Assisted several clients in sending cease and desist notices for intellectual property violations and creating strategy for settlement of disputes.

• Assisting several clients in trademark and patent opposition matters before the trademarks and patent offices.

VI. WHITE COLLAR CRIMES AND INVESTIGATIONS

• A leading, USA based, industrial staffing provider in investigating potential bribery and fraud concerns, in relation to third parties and an Indian subsidiary of the US based entity.

• A leading American company in the electronic design automation industry in conducting internal investigations in one of the offices in India.

• A Japanese conglomerate in respect of potential disclosure obligations for a listed entity under Indian laws.

• One of the largest pharmaceutical companies globally in an internal investigation on its Indian subsidiary pertaining to whistleblower allegations of mismanagement, fraud and corruption.

• One of world’s largest media-services provider, in respect of allegations of sexual harassment against a member of a media production company it was affiliated with.

  A leading securitisation and reconstruction company pursuant to a whistleblower complaint against the senior most member of the management in the count.

• Advising a private equity investor with regard to anti-corruption and bribery compliances and conducting investigation in relation to alleged offences.

• A global leader in clean coal solutions, its entities, directors and employees in relation to proceedings before Economic Offences Wing and Magistrate both got dismissed due to disputes being commercial in nature.

• Director of a leading IT companies in one of the biggest Indian corporate scam in matters relating to corporate frauds, money laundering and export norm violations.

• Private Equity and Investment Advisors in one of the biggest Indian telecommunication scam in matters related to spectrum allocation.

• Leading research house in a case of human resources fraud.

• An Indian subsidiary of a leading international IT services company in a matter pertaining to civil disputes and consequential criminal complaint.

• Private Equity Investor in a cyber-crime cell investigation pertaining to data theft and breach of confidentiality in relation to its investment in the healthcare sector.

• Leading chemical manufacturing company in a corporate defamation case.

• Private Equity investor in a fraud done by promoters and managing director of the investee company and a strategized takeover of investee company.

• Leading media house in a matter relating to criminal breach of trust and cheating by a film director.

• Major US- based Multi-National bank in a case related to identity theft.

• A large IT sector company in a matter relating to fraud by an Indian distributor.

• Leading manufacturing company in relation to theft of designs and other copyrighted material by its employee.

• French fund manager regarding a white collar crime/ economic offence in relation to an Indian investment.

• One of the world leaders in manufacturing and supply of water measuring devices regarding identity theft and fraud.

VII. MATTERS IN FOREIGN JURISDICTIONS

• Advised in relation to litigation of an Indian car manufacturer in Belgium.

• Advised in relation to litigation of Art fund in the NY, United States and United Kingdom.

• Advised in relation to litigation for a Singapore investment company in Nevada, United States.

• Advised in relation litigation for an Indian film distribution company in Singapore.

• Advised in relation to litigation for an Indian manufacturer in California, United States.

• Advised in relation to litigation for an Indian logistics company in Hong Kong.

ndalit(at)nishithdesai.com