Our Dispute Resolution Practice Contents
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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 India'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