OUR DISPUTE RESOLUTION PRACTICE Eastern Book Company on issues relating to infringement of...

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OUR DISPUTE RESOLUTION PRACTICE

Transcript of OUR DISPUTE RESOLUTION PRACTICE Eastern Book Company on issues relating to infringement of...

OUR DISPUTE RESOLUTION PRACTICE

Best Law Firm of the Year (Domestic).IDEX (Ideas Exchange) Legal Awards 2016 and 2015

National Law Firm of the Year.Chambers Asia-Pacific Awards 2015

India Client Service Law Firm of the Year.Chambers Asia-Pacific Awards 2015

‘They know our history, ethics and values and our specific cases,’says a client. The firm has an ‘ability to work intensively and raise required resources.’India Business Law Journal

Trilegal’s broad practice has particular expertise in cross-border financial and investment disputes, and also handles regulatory inquiries and criminal matters in the aviation, power and oil and gas sectors. Clients include Tata Power, Standard Chartered and Mumbai International Airport. Sitesh Mukherjee is an experienced litigator. Asia-Pacific Legal 500

Trilegal is one of India's leading law firms with offices in four of India’s major cities - Mumbai, New Delhi, Bangalore and Hyderabad. We represent clients on a large number of the most complex and high value transactions in India, leading to our key practices winning top industry awards and accolades.

We believe that the combination of our firm’s culture, depth of transactional experience, wide range of expertise and the quality and energy of our lawyers, allows us to offer a level of client service that is unique to the Indian legal market. Our lawyers are trained to take a commercial perspective of the issues our clients face with a solution-oriented approach and give high quality practical advice.

Our areas of expertise include mergers and acquisitions; strategic alliances and joint ventures; private equity and venture capital; energy and infrastructure; banking and finance; restructuring; capital markets; telecoms, media and technology; dispute resolution; regulatory; competition law; labour and employment; real estate; and taxation.

Our client roster includes of many of the world's leading corporations, funds, banks and financial institutions. We provide seamless, efficient and integrated service across a broad spectrum of practice areas.

ABOUT TRILEGAL

Among the top six firms, Trilegal was the only one with a client satisfaction score above the market average of 8.2. The Times of India

They understand the client’s business requirements and exceed the client’s expectations. Chambers Asia-Pacific

OUR DISPUTE RESOLUTION PRACTICE

Our emphasis is on aligning litigation strategy with the commercial interests of our clients. We understand time is of the essence for most strategic litigation, and so our objective is to provide effective remedy efficiently. We bring in significant domain knowledge and expertise. Our dispute resolution lawyers frequently work with otherteams such as tax, corporate, banking and finance, intellectual property, information technology, infrastructure and energy lawyers to provide accurate and efficient advise.

Our dispute resolution lawyers have rich experience in cross border financial and investment disputes before courts and arbitral tribunals. We regularly work with lawyers in other jurisdictions to provide a comprehensive cross border strategy for their disputes. A large part of our clientele comprises of large multinational corporations, leading to domestic corporate houses, international financial institutions and funds. We are also market leaders in regulatory matters in power, aviation and oil and gas, where we represent and advise utilities and operators. In addition, we advise clients on statutory and regulatory inquiries, as well as criminal proceedings arising out of economic offences. Since a large part of our clientele consists of large multinational corporations, we regularly deal with inquiries and criminal matters spread across various jurisdictions. Our lawyers are specially trained to identify and deal with the sensitivities involved in statutory/regulatory inquiries and criminal proceedings arising out of economic offences.

Our clients appreciate our expertise and experience and reward us by returning to us for our services.

The dispute resolution team of Trilegal has built up a thriving practice that consistently receives compliments for “good corporate litigation.” Benchmark Asia-Pacific 2013

The dispute resolution team of Trilegal has built up a thriving practice that consistently receives compliments for ‘good corporate litigation.’Benchmark Asia-Pacific

COMPREHENSIVE ASSISTANCE Trilegal has a market leading dispute resolution practice. We handle a wide variety of corporate-commercial and regulatory disputes in diverse sectors. We have specialized teams with deep sector knowledge who are providing strategic advice to the clients right from the pre-dispute stage. We like to ensure that the approach to dispute resolution is closely aligned with the clients' commercial and business objectives.

DIVERSE PRACTICE We are one of the foremost names for regulatory disputes and our experience ranges in sector like electricity, airport, oil and gas, coal, highways and telecommunications. We also have extensive experience in handling complex commercial disputes and have advised and represented clients on a range of disputes relating to equity and debt investment, foreign currency bonds and other hybrid instruments, intellectual property rights and on bi-lateral investment treaty disputes. In addition, the team has vast experience in handling domestic and international commercial arbitrations. This diverse expertise has enables us to provide our clients with cross-sectoral perspectives.

We also represent clients in some very high-profile matters dealing with white-collar crimes. The matters primarily involve corruption and other irregularities in doling out of state largesse entailing consequences in the contractual, criminal law and public law spheres. In addition to a commercially sound approach, our clients depend on the mature and sophisticated strategies that we provide, which are key to handling matters of a sensitive and politically charged nature. We are well equipped to advise on and conduct the volume of litigation that such matters generally give rise to, across diverse forums, including arbitration.

MULTI-JURISDICTIONAL EXPERTISEOur lawyers have represented clients before various regulators both at central and state level as well as appellate tribunals constituted under various statutes. We have represented clients in almost all the high courts as well as the Supreme Court of India. We have a strong network of local counsels who assist us in attending to the disputes in a wholesome and efficient manner. Our clients benefit from our ability to attend to matters in any jurisdiction, and seamlessly adopt local practices and procedures in handling any matter.

WHY CHOOSE OUR DISPUTE RESOLUTION GROUP

The ‘dynamic’ Trilegal is building a strong name for itself for its track record in a broad range of corporate and commercial disputes for both international and domestic clients.Asia-Pacific Legal 500

Trilegal is commonly recognised as a ‘break-through’ firm in India that has gathered extensive market share in India since its establishment in 2000. Asialaw Profiles

DISPUTE RESOLUTION WORK HIGHLIGHTS

Thomson Reuters in its disputes with Eastern Book Company on issues relating to infringement of intellectual property rights, restrain of adverse publicity campaign, contempt proceedings and writ proceedings for challenge of award of contract to Thomson Reuters.___

Telenor in public interestlitigations filed before the Supreme Court seeking, inter-alia, cancellation of the Licenses and Spectrum allotted by the DoT; and for recovery of punitive damages from licensees.___

Telenor ASA in dispute with JV Partner before Company Law Board, Delhi High Court and multiple arbitration proceedings.Raheja Group in its dispute with joint venture partner in a real estate company.___

Corsair Capital in series of litigation arising from the acquisition of shares of an Indian bank. Uninor in relation to its dispute with various vendors including VIOM, Indus Towers etc. on the issue of non-payment of lock in charges post the cancellation of 2G licences by the Supreme Court of India.___

Aker Contracting FP AS and AFP Operations AS, part of Aker group, in relation to contractual disputes with Reliance Industries Limited with respect to chartering and operating of floating,

production, storage and offloading facility, operations and maintenance of the facility.___

Doosan Heavy Industries and Construction Company Limited in an ICC Arbitration and proceedings for interim reliefs before High Court against ABG Kandla Container Terminal Limited.___

Covidien Healthcare in civil proceedings arising from termination of distributorship agreements.___

Noble Group in dispute with the Government of Orissa pertaining to the development of a port project.___

BG Exploration and Production India Limited in a criminal proceeding arising out of defalcation of money by thecompany's employees.___

NLC Nalco India Limited (part of NALCO group) before Calcutta High Court in relation to disputes for termination of services of senior employee.___

MW Limited (Radhakrishna Hospitality Services Limited) in an international arbitration before LCIA in relation to disputes under shareholders' agreement pertaining to tax issues.

CORPORATE COMMERCIAL LITIGATION3i Group PLC in its disputes relating to put option and conversion of preference shares arising out of investment madein a private port in India.___

Hassad Netherlands BV in its disputes on issues arising out of misrepresentation and fraud with its Indian JV partner.___

Acting for Axis Trustee and Standard Chartered Bank in a winding up petition filed against Tulip Telecom Limited for default in payment of Non-Convertible Debentures.___

Citadel in relation to a facility of USD 250 million extended to a company based in Mauritius for investments in India. Citadel had approached the Indian courts for injunctive reliefs against the Indian companies when there was a default in repayment by the Mauritian company. ___

TAQA on disputes arising from its investment and taking over of Hydro power project in the State of Himachal Pradesh.___

Telenor Asia Pte. Ltd. and Telenor Mobile Communications AS in their disputes with its Indian minority partner over rights issue and indemnity claims through separate international commercial arbitration proceedings under SIAC.

They are highly client-oriented and go out of their way to accommodate challenging timelines and to ensure the client's interest is adequately protected.Chambers Asia-Pacific

Supreme Court (SC) relating to the award of tender for the Sasan Ultra Mega Power Project (Sasan UMPP) of 4000 MW capacity to Reliance Power Limited pursuant to a competitive bidding process. The challenge is to the post-bid permission granted to Reliance Power to use surplus coal from the captive mines of Sasan UMPP in Reliance Power’s Chitrangi project. The dispute involves significant questions of standards of fair play in award of contracts and distribution of state largesse.• Represented TPCL (Distribution) in a dispute between TPCL and Brihanmumbai Electric Supply and Transport Undertaking (BEST), right up to the SC, relating to the right of TPCL to supply to consumers in the area of supply common with BEST.• Represented TPCL in proceedings before Maharashtra Electricity Regulatory Commission (MERC) where TPCL sought approval of operating procedure for supplying power to the consumers in the common area of license of R Infra using each other's existing distribution network.___

Nabha Power Limited (wholly owned subsidiary of L&T Power Development Limited) in relation to implementation of 1400 MW thermal power project in Punjab on the following matters:

FRAUD AND ECONOMIC OFFENCESTelenor in criminal proceedings arising out of allegations of corruption in the so-called 2G scam. The allegations included commission of offences of corruption, cheating and breach of trust. ___

AgustaWestland in various proceedings arising out of allegations of corruption and bribery. The allegations include commission of offences of corruption, cheating and breach of trust.___

Chemtura Corporation and Chemtura Chemicals India Private Limited in an assignment for conducting investigation into the allegations of mismanagement and defalcation of money by senior officials of the company.___

D. E. Shaw, global hedge fund, in a multifarious dispute with Amar Ujala Publications, arising out of their investment into Amar Ujala. The disputes are in relation to arbitration, civil suit and criminal complaint. Further, the firm advised on issues under FEMA, SCRA and general commercial law.

REGULATORYThe Tata Power Company Limited (TPCL)• Representing TPCL in a dispute pending before the

• ensuring arrangement of a coal supply for the project and making claims for necessary amendments in the Case 2 standard PPA in case of shortage of coal supply.

• 'Change in Law' claims based on availability of similar fiscal benefits to a power project under Mega Power Policy 2009 and Foreign Trade Policy 2009.

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Torrent Energy in relation to obtaining Inter State Transmission (ISTS) License from CERC for the dedicated transmission line connecting its 1196.85 MW gas based generating plant in Dahej Special Economic Zone with ISTS transmission system.___

Central Electricity Regulatory Commission (CERC) in the: • Supreme Court in a batch of

appeals filed under Section 125 of the Electricity Act, 2003 by the CERC challenging the treatment of depreciation by the APTEL while fixing the tariff for various NTPC power stations.

• Supreme Court, successfully challenging the interim order of the Lucknow High Court staying the operation of the amendment in the tariff regulations by which the UI vector was increased to INR 7.45 per unit.

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Association of Private Airport Operators in relation to advise on proposed amendments to Aircraft Rules pertaining to Passenger Service Fee and introduction of Aviation Security Fees.

D. PAVAN KUMAR

PartnerHyderabadTel + 91 40 2355 [email protected]

SITESH MUKHERJEE

PartnerDelhiTel +91 11 4259 [email protected]

FARAZ SAGAR

PartnerMumbaiTel +91 22 4079 [email protected]

KEY CONTACTS

HARSH PAIS

PartnerDelhiTel + 91 11 4259 [email protected]

SHANKH SENGUPTA

PartnerDelhiTel +91 11 4259 [email protected]

They understand our sector and the regulatory framework very well.Chambers Asia-Pacific

They have the ability to translate multinationals’ needs to Indian situations and produce solutions.IFLR1000

DELHI311 B DLF South Court, SaketNew Delhi 110017T +91 11 4163 9393

BANGALORE The Residency7th Floor, 133/1, Residency RoadBangalore 560 025 India T +91 80 4343 4646

MUMBAIOne Indiabulls Centre14th Floor, Tower OneElphinstone RoadMumbai 400 013 IndiaT +91 22 4079 1000

HYDERABADJubilee Square4th Floor, Road No. 36Jubilee HillsHyderabad 500 033 IndiaT +91 40 2355 6781