Our International Litigation and Dispute Resolution 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. Mediation is also gaining popularity as a form of dispute resolution.
At Nishith Desai Associates ("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 an intensely research-based organization and place tremendous emphasis on trends and predictive research in line with our philosophy to anticipate trends, prepare in the context and deliver. A key output of our research-based approach and knowledge dissemination initiatives is the detailed analysis we provide to an extensive repertoire of clients and subscribers on contemporary issues in all areas of practice. Our research paper 'Dispute Resolution in India' provides incisive analysis on key aspects of Dispute Resolution and has been well received along with the articles we routinely publish in key international and Indian journals and media.
We are actively involved in various matters related to Bilateral Investment Treaties, Private International Law, Corporate 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. We appear before Foreign Arbitral Tribunals, Supreme Court of India, various High Courts in India, various lower courts, the Company Law Board, the Copyright Board, Securities and Exchange Board of India, IPR Tribunals, etc. We have also represented clients before international arbitration centers such as the 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.
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, 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 Litigation Project Management services and provide strategic and legal assistance to clients involved in outbound (from India) litigation and also manage global litigations of clients by applying latest project management techniques. 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.
- Nishith Desai Associates has been declared as the Most Innovative Law Firm in Asia Pacific (2016) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting
- Dispute Resolution Practice of Nishith Desai Associates has been recognized as “Highly Recommended” by Asia Law Profiles, 2016;
- Awarded by IDEX Legal Awards 2015 - Best Dispute Management Law firm of the year;
- Awarded by IDEX Legal Awards 2015 - Best Dispute Management Lawyer of the year (Vyapak Desai)
- Nishith Desai Associates has been declared as the Most Innovative Indian Law Firm in Asia Pacific (2014/2015) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting
- Nishith Desai Associates has been declared as the Second Most Innovative Asia - Pacific Law Firm (2014) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting
- Legal 500 (2011, 2012, 2013, 2014, 2015): No. 1 for International Tax, Investment Funds and TMT
- Legal 500: “Nishith Desai Associates advises international banks, corporations, and private equity clients on complex cross-border disputes, and is currently handling arbitration matters…..”
- Asian-Mena Counsel 'In-House Community Firm of the Year' in India for International Arbitration (2011)
- Listed in the Asian Legal Business Watch list of 'Top 10 Firms to Watch’ in 2009.
- Recognized by Chambers and Partners as the 'Most In-Demand Practitioners'.
- Honorable mentions by Asian - Counsel 2011 for International Arbitration.
- Within a decade of setting up, NDA was honored with the 'Indian Law Firm of the Year' and in the next year, with 'Asian Law Firm of the Year (Pro Bono)' awards by the International Financial Law Review, a Euromoney publication.
SCOPE OF SERVICES
We advise and have represented clients on:
International Commercial Arbitration- Foreign Seated
- One of the world’s largest communication services group in a multi-million dollar SIAC arbitration pertaining to earn-out and non-compete issues;
- An Indian subsidiary of a Japanese multi-national conglomerate against an India multinational in relation to high-value and complex disputes in two international arbitrations before SIAC;
- Minority shareholders of a pharmaceutical company against its American Joint Venture partner in a multi-million dollar arbitration before SIAC, Singapore;
- 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;
- European sovereign fund against its Indian borrower before the Arbitration Institute of the Finland Chamber of Commerce;
- Managing Director of a healthcare sector company in a matter pertaining to illegal termination before the Swiss Chambers of Commerce;
- 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.
International Arbitration- India Seated
- One of the biggest real estate investment fund for an exit dispute against Indian Promoters;
- World’s largest medical devices, pharmaceutical and consumer packaged goods manufacturer against its distributor in relation to dispute arising out of a Distribution Agreement;
- Successfully represented one of 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;
Bilateral Investment Treaty
- US real-estate fund in relation to their investment in a SEZ in Southern India involving issues of bribery and corruption and affixing 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;
- Foreign government in resisting enforcement proceedings in respect of one of the world’s largest Treaty award.
Challenge and Enforcement Proceedings
- 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.
- Global pharmaceutical company in enforcement of an arbitral award emanating out of one of India’s largest M & A transactions.
- Korean conglomerate in enforcement of an award passed in an Austria seated ICC arbitration against an Indian public listed company;
- 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;
- Advising a Japanese entity in enforcement of an award seated in Singapore in relation to India’s biggest M & A transaction;
- International bondholders in a dispute against an Indian listed pharmaceutical company with respect to FCCB defaults;
- Prominent French bank in relation to its challenge of the scheme of amalgamation of a large Indian conglomerate;
- 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;
- 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.
- 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.
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.
Foreign Exchange Laws
- E-commerce entity in relation to proceedings under foreign exchange laws and assisting in preparation of submissions and responses to notices.
- Leading listed manufacturer of electrical goods in relation to regulatory matters before the Securities Appellate Tribunal and the Supreme Court.
- Art fund in respect of regulatory issues before SEBI and SAT.
- 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.
- 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 film production company in 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.
- Represented a number of clients in their domain name disputes before bodies such as World Intellectual Property Organization (WIPO) and Nixi (Indian domain name Registry).
- 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.
White Collar, Fraud and Investigations
- 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.
Worldwide litigation project management
- Managed litigation of an Indian car manufacturer in Belgium.
- Managed a litigation of an Art fund in the NY, United States and United Kingdom.
- Managed a litigation for a Singapore investment company in Nevada, United States.
- Managed litigation of an Indian film distribution company in Singapore.
- Managed litigation for an Indian manufacturer in California, United States.
- Managed litigation for an Indian logistics company in Hong Kong.