OUR DISPUTE RESOLUTION PRACTICE CONTENTS

1. ABOUT TRILEGAL 03 2. OUR DISPUTE RESOLUTION PRACTICE 05 3. WHY CHOOSE OUR DISPUTE RESOLUTION GROUP 07 Comprehensive assistance Diverse practice Multi-jurisdictional expertise

4. DISPUTE RESOLUTION WORK HIGHLIGHTS 09 Corporate commercial litigation Fraud and economic offences Regulatory Competition Telecom National Law Firm of the Year. Chambers Asia-Pacific Awards

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

India Client Service Law Firm of the Year. Chambers Asia-Pacific Awards 1. ABOUT TRILEGAL

Trilegal is one of 's leading law firms with offices in five of India’s major cities - Mumbai, New Delhi, Gurgaon, 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.

03 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. Asia-Pacific Legal 500 2. 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 our other teams 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.

05 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 3. WHY CHOOSE OUR DISPUTE RESOLUTION GROUP

COMPREHENSIVE ASSISTANCE MULTI-JURISDICTIONAL EXPERTISE Trilegal has a market leading dispute resolution Our lawyers have represented clients before various practice. We handle a wide variety of regulators both at central and state level as well as corporate-commercial and regulatory disputes in appellate tribunals constituted under various diverse sectors. We have specialized teams with statutes. We have represented clients in almost all deep sector knowledge who are providing strategic the high courts as well as the Supreme Court of India. advice to the clients right from the pre-dispute stage. We have a strong network of local counsels who We like to ensure that the approach to dispute assist us in attending to the disputes in a wholesome resolution is closely aligned with the clients' and efficient manner. Our clients benefit from our commercial and business objectives. ability to attend to matters in any jurisdiction, and seamlessly adopt local practices and procedures in DIVERSE PRACTICE handling any matter. 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.

07 The dispute of Trilegal The dispute resolution team has built up a thriving of Trilegal has built up a thriving practice that consistently practice that consistently receives compliments for receives compliments for ‘good corporate litigation.’ Benchmark Asia-Pacific “good corporate litigation.” Benchmark Asia-Pacific 2013 4. DISPUTE RESOLUTION WORK HIGHLIGHTS

CORPORATE COMMERCIAL Limited for default in payment for Cairn Energy in an ICC arbitration LITIGATION Non-Convertible Debentures. against the Government of India Agusta Westland in the ___ and ONGC under operation arbitration proceedings against Thomson Reuters in its disputes agreements and production the Ministry of Defence (MoD) with Eastern Book Company on sharing contracts for its Rajasthan challenging inter alia the wrongful issues relating to infringement of oil fields. termination of the contract for the Intellectual Property Rights, ___ supply of 12 AW-101 VVIP restrain of adverse publicity Noble Group in arbitration helicopters by the MoD on campaign, contempt proceedings proceedings, before the Supreme unsubstantiated allegations of and writ proceedings for challenge Court, Bombay HC and Karnataka corruption and bribery. of award of contract to HC over disputes pertaining to the ___ Thomson Reuters. development of a port. Mitsubishi Hitachi Power ______Systems, Ltd. (MHPS) and other Telenor ASA in disputes with JV 3i Group PLC MHPS entities before the Madras Partner before the Company Law • Represented in an arbitration HC in disputes arising under the Board, Delhi HC and multiple relating to put option and terms of certain joint venture arbitration proceedings. conversion of preference shares agreements. The primary ___ arising out of investment made allegation against the MHPS Abu Dhabi National Energy Co. in a private port in India; and entities was that they had induced PJSC (TAQA) in a SIAC arbitration • Represented in an arbitration the breach of non-compete arising from its investment and relating to disputes regarding obligations under these joint taking over of a hydropower investment made in a company venture agreements. project in Himachal Pradesh. involved in construction ______of highways. Shriram Properties Pvt. Ltd. and Telenor Asia Pte. Ltd. and Telenor ___ Sun-Apollo Investment Holding Mobile Communications AS in a Dodsal in an arbitration against LLC in disputes with a foreign SIAC arbitration arising from ONGC Videsh arising from investor investing in the JV disputes with its Indian minority construction of a pipeline from Company set up by the client. The partner over rights issue and Khartoum to port of Sudan. disputes pertained to exercise of indemnity claims. ___ put option in respect of ___ SAIF Partners in an arbitration Compulsorily Convertible Axiom Telecom in a SIAC relating to its investment in an Debentures issued to the investor arbitration and proceedings Indian company. by the JV Company. before the Bombay HC against the ______Future Group. Petronet LNG, Government of Advised Tata Communications ___ India and various Oil Marketing Limited on their dispute in relation JSC Cryogenmash in an ICC Companies before the Gujarat HC to NTT DoCoMo’s exit from Tata arbitration with the Steel and the Supreme Court in relation Teleservices Ltd. Authority of India Limited arising to tariff related disputes with ___ from a construction contract to private off-takers of RLNG. Axis Trustee and Standard build an Air Separation Unit at the Chartered Bank in a winding up Bhilai Steel Plant. petition filed against Tulip Telecom 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

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 Hassad Netherlands BV in a and defalcation of money by Odisha Power Generation dispute regarding senior officials of the company. Corporation Ltd. before the misrepresentation and fraud with ___ Odisha Electricity Regulatory its Indian JV partner. eBay India in criminal proceedings Commission (OERC) and the ___ initiated under provisions of the APTEL on the legal approach to be Advising Tata Communications Information Technology Act, 2000 adopted and parameters to be Limited on the legal issues and the Indian Penal Code, 1860. applied in determining tariff based concerning the ‘John Doe’ order ___ on terms of a power purchase passed by the Bombay HC in BG Exploration and Production agreement approved by the OERC. favour of Balaji Motion Pictures India Ltd. in a criminal proceeding ___ Ltd. in relation to the movie ‘Great arising out of defalcation of money Maru Transmission and Aravali Grand ’, including with by the company’s employee. Transmission, subsidiaries of respect to compliance, etc. ___ GMR Infrastructure, before ___ Delhi International Pvt. Ltd., APTEL and Rajasthan Electricity Tata Communications Limited subsidiary of GMR Group, in a Regulatory Commission for before the Bombay HC for criminal defamation proceedings recovery of escalated costs due to modification of the ‘John Doe’ against Associated Broadcasting change in law and force order passed in favour of Eros Company Pvt. Ltd. (TV9). majeure events. International Media Pvt. Ltd. for ___ the movie ‘Dishoom’ REGULATORY Emco Energy Ltd., a subsidiary of Electricity GMR Energy Ltd., before the CERC FRAUD AND ECONOMIC Meenakshi Energy, a subsidiary of for the allocation of long-term OFFENCES ENGIE (France) access on the SR-NEW Corridor Telenor in criminal proceedings • Represented before the CERC by the Power Grid Corporation of arising out of allegations of and the APTEL on disputes over India Ltd. ___ corruption in the so-called 2G force majeure, change in law and scam. The allegations included its consequences on the Association of Power Producers offences of corruption, cheating enforceability of the Bulk Power before the Delhi HC challenging and breach of trust. Transmission Agreement; and the CERC (Terms and Conditions ___ • Represented before the CERC of Tariff) Regulations, 2014. ___ Agusta Westland in various and the APTEL on disputes with proceedings arising out of regard to grid discipline and AES Solar before the Gujrat allegations of corruption and gaming, metering Electricity Regulatory bribery. The allegations include and scheduling. Commission, the APTEL and the commission of offences of ___ Supreme Court in relation to corruption, cheating and breach OPGS Power before the Gujarat proceedings initiated by Gujrat of trust. HC challenging the open Urja Vikas Nigam Ltd. over the ___ access and the multi-year tariff parameters specified in the Chemtura Corporation and tariff regulations of the Gujarat Gujarat Electricity Regulatory Chemtura Chemicals India Pvt. Electricity Regulatory Commission. Commission’s generic tariff order Ltd. in an assignment for for solar power projects. conducting investigation into the allegations of mismanagement

11 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 CLP Group Tata Power Company Ltd. (TPCL) to supply its power at regulated • Represented CLP Windfarms • Represented TPCL before the rates to a certain specified Pvt. Ltd. before the APTEL in a Supreme Court in an appeal filed entity; and dispute relating to by the Karnataka Discoms • Advised TPCL on regulatory reimbursement of Minimum challenging the order passed by framework under the Gujarat Alternate Tax by Karnataka the Karnataka Commission Solar Power Policy, 2009 and Discoms under the PPA and in allowing TPCL’s claim for the draft Jawaharlal Nehru terms of the Commission’s Tariff reimbursement of Minimum National Solar Mission Policy in Order for renewable energy Alternate Tax under the PPA; relation to its proposed solar projects; and • Represented TPCL before the power projects in Gujarat. • Advising CLP on various APTEL challenging MERC orders ___ regulatory and contractual issues imposing restrictions on TPCL’s Power Grid Corp of India Ltd., under the power purchase right to supply to consumers in • Represented Power Grid before agreement and fuel supply the area of supply common with the APTEL seeking condonation agreement for its coal fired mega Reliance Infrastructure Ltd., and of delay in declaring the power project in Haryana. passing directions regulating commercial operation due to ___ TPCL’s network development; statutory clearances; Talwandi Sabo Power Ltd., wholly • Represented TPCL in a dispute • Represented Power Grid before owned subsidiary of Sterlite right up to the Supreme Court the CERC on matters related to Energy Ltd., in relation to a dispute assailing the legality and relinquishment of LTOA and over coal supply arrangements for propriety of decision taken by related consequences; and its 1980 MW thermal power the State Load Despatch Centre • Represented Power Grid before project and making claims for refusing to schedule power from the CERC regarding review of necessary amendments to the TPCL’ to its distribution transmission tariff. PPA in view of shortage of business. The APTEL for the first coal supply. time directed a statutory body in ___ the power sector to pay National Thermal Power compensation (Rs. 23 crores) to Corporation Ltd. (NTPC) a generation company for its • Represented NTPC before the mala fide actions; APTEL in relation to extension of • Represented TPCL before the the term of power offtake CERC on legal and regulatory arrangements for certain issues relating to change in the power plants; terms of the bid conditions in • Represented NTPC before the favour of the winning bidder; CERC and the APTEL on claims • Represented TPCL before the against NTPC on the calculation Bombay HC challenging of energy charges; and memorandum issued by the • Represented NTPC before the Government of CERC and APTEL on change in prohibiting TPCL from exercising law events affecting the tariff its freedom to contract with any receivable by NTPC’s person for selling electricity generating station. generated by it, and compelled it

13 ‘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 Telecom and represented the client in Telenor on various transactions negotiations with the Department including the 3G spectrum policy of Telecommunications. in India, the strategy to be ___ adopted for 3G spectrum auctions Hathway, pioneers in broadband and the regulatory framework internet technology in India and governing passive and active the largest broadband ISP, on infrastructure sharing and backbone connectivity services intra-circle roaming. agreement entered into with Tata ___ Power Broadband and represented Unitech Wireless on the transfer Hathway at the Telecom Dispute of its business to Telewings Settlement and Appellate Tribunal Communication Services Pvt. Ltd., on certain disputes with other on various regulatory aspects network service providers. relating to the unified access ___ service licensing regime. Hewlett Packard on structuring its ___ telecom system integration du Mobile on the legal service within the Indian implications of appointing channel telecommunications regulatory partners in India for the sale of du framework including advices on SIM cards/mobile plans in India issues surrounding the re-sale of and reviewing the channel telecommunications services by partner agreement. offering bundled services, such as ___ intra-corporate network and Vodafone in relation to management of customer • its 3G roaming agreements with relationships with underlying Airtel and Tata company; service providers. • the regulatory aspects of ___ restructuring its NLD and ILD Tata Communication Ltd. on business following its worldwide various telecom regulatory issues merger with Cable & including advising on international Wireless; and toll free services. • its passive infrastructure joint venture with Bharti and Idea-Indus Towers Ltd. ___ British Telecom on various issues relating to the provisions of MPLS services in India. Also conducted a legal due diligence on the modes of operations adopted by the client in India for providing MPLS services to its customers

15 KEY CONTACTS

SITESH MUKHERJEE SHANKH SENGUPTA Partner Partner Delhi Delhi Tel +91 11 4259 9202 Tel +91 11 4259 9264 [email protected] [email protected]

JAFAR ALAM ASHISH BHAN Partner Partner Delhi Delhi Tel + 91 11 4163 9393 Tel + 91 11 4163 9393 [email protected] [email protected]

16 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 MUMBAI Peninsula Business Park 17th Floor, Tower B Ganpat Rao Kadam Marg Lower Parel (West) Mumbai 400 013 India T +91 22 4079 1000

DELHI 311 B DLF South Court, Saket New Delhi 110017 India T +91 11 4163 9393

GURGAON 5th Floor, Tower 4B DLF Corporate Park DLF City Phase-3 MG Road, Gurgaon 122 002 India T +91 124 625 3200

BANGALORE The Residency 7th Floor, 133/1, Residency Road Bangalore 560 025 India T +91 80 4343 4646

HYDERABAD Jubilee Square 4th Floor, Road No. 36 Jubilee Hills Hyderabad 500 033 India T +91 40 2355 6781