Agenda & speaker biographiestransactions such as securities offerings and other financings, mergers and acquisitions, spin-offs, joint ventures, private equity transactions, corporate

Agenda & speaker

biographies

May 31 2011 • Raffles Hotel, Singapore

In association with:

Joint sponsors:

The 2nd AnnualIndia Foreign Direct Investment Forum

Government InItIatIves:how they can work for you

2

InDIA ForeIgn DIrect Investment Forum Agenda

Continued ➥

8.30-9.00 registration

9.00-9.05 Welcome – IFLR/Asialaw

9.05-9.15 KeYnote aDDress – KK Sharma, adviser (Law) and former director general, Competition Commission of India – Government initiatives to sustain India’s high-growth strategy

9.15-10.00 PlenarY sessIon – India’s decisive decade – hosted by control risks• Crystal ball gazing into Budget 2011

– Liberalisation of FDI – too little, too late?– FDI vs. FTAs – tough balancing act– Will Special Economic Zones (SEZ) still be special?

• Challenges of urbanisation – opportunities for FDI• Government of India (GOI) initiatives – foreign investors meeting specified KYC standards can invest into SEBI registered

mutual funds – how attractive is this and how will it impact the stock market?• Outbound investment by India companies – challenges, etc.• Challenges faced by investors investing into Indiaspeakers:Dane Chamorro, director of global risk analysis, Asia-Pacific, Control Risks (moderator)Patrick Lord, managing director, Control Risks IndiaJai S Pathak, partner-in-charge, Asia-Pacific region, Gibson DunnA Bobby Ladwa, director, capital markets legal, Barclays CapitalKanad S Virk, chief operating officer, Standard Chartered IL & FS Asia Infrastructure Growth Fund

10.05-10.50

InternatIonal Investors enjoY caPItal marKet GaIns• Return of good times – capital markets far more active than they have been i.e. lots of QIPs• Indian issuers targeting international investors due to underdeveloped domestic retail market / Participatory Notes – FII

issuance/renewal/cancellation/redemption – Sebi concerns• Innovative financings – case studies – Coal India IPO; SBI bonds issuance (targeting US and Europe/Asia investors,

respectively)• Other key developments – first Indian listing by a foreign company / development of Indian Depository Receipt product;

largest overseas listing by Indian business• Government disinvestments – legal challenges of taking companies publicspeakers:Jyotirmoy Banerjee, senior legal counsel, Wholesale Banking Legal, Standard Chartered BankTimothy Pitrelli, assistant general counsel, Merrill LynchArun Balasubramanian, partner, LinklatersDilip Kadambi, director, head equity capital markets India and South East Asia, RBS Bank, Singapore

10.50-11.00 morning coffee break

11.00-11.45 joInt ventures offer fDI HoPe – hosted by AZB & Partners• JV developments key to arresting FDI decline i.e. foreign firms may no longer have to provide no-objection certificates to

set up separate entities• India’s new foreign bribery bill – what risks do you need to take into consideration when thinking about a new JV partner;

how can you mitigate those risks• Lessons learned from recent JV collapses• Framing JV contracts – issues to be addressed i.e. reluctance to share key technology, brand confusion, domestic party

seeking expansion beyond Indian soilspeakers:Zia Mody, co-founder, AZB & Partners (moderator)Geraint Hughes, partner, Clifford ChanceKevin Chee, country head, India, CapitaMalls Asia

11.50-12.35 WHere to resolve Your DIsPutes – hosted by Nishith Desai Associates• Changes to Indian arbitration law – GOI consultation paper• Although FDI levels have dropped slightly, JVs on the increase – what to do / not do with dispute clauses in JV contracts• Overview of recent decisions of courts in India given rise of Indian disputes being resolved through arbitration, mediation

and litigation in Singapore i.e. Venture Global vs. Satyam• Court decisions have necessitated higher degree of caution when assessing risk of litigation in India – impact on dispute

clauses and enforceability of international awards against assets in India• Merits of Singapore as centre for international arbitration – latest SIAC statistics on disputes involving Indian partiesspeakers:Vivek Kathpalia, partner-in-charge, Nishith Desai Associates (moderator)Vyapak Desai, head of international litigation and dispute resolution, Nishith Desai AssociatesAnkit Goyal, head of South Asia desk, Singapore International Arbitration Centre

3

InDIA ForeIgn DIrect Investment Forum Agenda

12.35-13.35 lunch

13.35-14.20 InDIan lIstcos ProvIDe m&a boost – hosted by Phoenix Legal• Investing in India: what to watch out for/a practical perspective• Vodafone and Richter Holding: increased spotlight on Indian tax issues• Regulations of combinations, the impact on cross border M&A on India Inc• TRAC recommendations: recoding public M&A• Sectoral developments in key sectors• Option and pre-emption rights in public companies: ‘see-saw’ing continuesspeakers:Abhishek Saxena, partner, Phoenix Legal (moderator)Saket Shukla, partner, Phoenix LegalJyotirmoy Banerjee, senior legal counsel, Wholesale Banking Legal, Standard Chartered BankJim Kuykendall, deputy general counsel – Asia-Pacific, Imerys

14.25-15.10 WHat merGer control ProvIsIons mean for comPetItIon – hosted by P&a law offices• Impact of India’s new merger control provisions, and how to benefit from pre-merger consultation and so-called reduced

time-line• Compliance issues raised by the Competition Act and their impact on business and investment in India – implications

arising from notification of Sections 5 and 6 of the Act on potential M&A; inherent loopholes• Understanding CCI function – tough balancing act between serious upholder of competitive markets and facilitator of

domestic and cross-border M&A• Case study on handling big-ticket M&A deals – lessons for CCI from Mofcom experience with Coca Cola/ Huiyuan Juicespeakers:Anand S Pathak, managing partner, P&A Law Offices (moderator)KK Sharma, adviser (Law) and former director general, Competition Commission of IndiaSébastien Evrard, partner, Jones DayKala Anandarajah, partner, Rajah & Tann

15.10-15.20 afternoon coffee break

15.20-16.05 tax sYstem In flux – hosted by Uteem Chambers• Tax system in flux – Budget 2011 – how will industry respond to withdrawal of specific tax benefits for SEZ developers, and

changes to service tax regime?• Controversial Direct Taxes Code Bill (DTC) to be implemented in 2012 – how it will impact the way foreign investors do

business in India / future role of Mauritius as a tax haven (traditionally catches 80%+ of FDI)• Foreign investor concern over proposed general anti-avoidance rules (GAAR) – how real is threat of corruption if tax au-

thorities granted wide discretionary powers?• To what extent is tax avoidance now frowned upon as much as tax evasion – GOI reviewing tax treaty with Mauritius• New dispute resolution methods i.e. specialised tax tribunalspeakers:Muhammad Uteem, founder and head, Uteem Chambers (moderator)Vijay K Dhingra, managing director, India Tax Services, Deloitte

16.10-16.55 PrIvate equItY: a DomestIc or InternatIonal future – hosted by juris corp• A challenging year – funding difficulties, valuation related issues and sweeping changes in regulation

– popular sectors for PE investment include infrastructure, renewable energy, education and microfinance• Restructuring of investments – what options exist for investors; growth of Pipes• Potential impact of DTC overriding tax treaty with Mauritius (where 42% of India-investing funds are domiciled); what are

the alternatives?• Mauritius’ Limited Partnerships Bill – the benefits of flexible structures and limited liability for investors• Does the Sequoia/ WestBridge episode suggest that the future of PE in India is homegrown independent firms?speakers:H Jayesh, founder partner, Juris Corp (moderator)Andrew Martin, principal, Baker & McKenzie.Wong & LeowMahim A Chellappa, principal, Tembusu Partners

16.55-17.00 closInG remarKs – IFLR/Asialaw

4

InDIA ForeIgn DIrect Investment Forum Keynote speaker

KK sharma Advisor (Law) and former director general, CCI

Kaushal Kumar Sharma, advisor (Law) in-charge of merger control & former director general of the Competition Commission of India (CCI), has the unique distinction of being involved in drafting the law and regulations on competition law and its actual implementation in India. In addition to being credited with the first investigations under the competition law in India, as the first director general of CCI, after commencement of enforcement of competition law, he also contributed to drafting of a discussion paper on National Competition Policy for India.

After having done B.E. (Mech. Engg.) and M.E. (Mech. Engg.) from Indian Institute of Technology (IIT), Roorkee, he did LL.B. and M.A (Economics). He also has a PG Diploma in Economics for Competition Law from King’s College, London. A meritorious student, Sharma was always amongst the top position holders during his studies.

He is doing Ph. D. in competition law from Bangor University, UK. He is also writing a dissertation for MA in Economics for Competition Law from King’s College, London, under the supervision of internationally acclaimed competition law economist, Dr Mike Walker.

Sharma, who initiated many path breaking and historical financial investigations and carried them out successfully, has a consistent track record of an outstanding financial investigator. He has done extraordinary work in the area of international taxation. He brought income of more than ` 50 billions (or $1 billion) into the tax net by investigating foreign lead managers/ under-writers of Global Depository Receipt Issues of Indian corporates. The investigations covered top 63 corporate houses from corporate India.

Sharma is one of the 25 members of Research Project Partnership (RPP) platform of UNCTAD. He has been requested to edit the Indian merger control chapter of Global Competition Review.

He is very passionate about competition law and committed to make CCI a model competition authority in the world.

Tel: +91 9911411098 Email: [email protected]

InDIA ForeIgn DIrect Investment Forum Speakers

5

Kala anandarajah Partner, Rajah & Tann

Kala Anandarajah has over 20 years of practice and has been a partner at Rajah & Tann for over a decade. She practices in the field of competition, trade, corporate, corporate governance, employment, and environmental laws.

The Asia Pacific Legal 500 notes that ‘Kala Anandarajah … is a leading authority in corporate governance, compliance and competition issues …’. She is cited as amongst the Best of the Best – Women in Business Law 2010 for her work in antitrust and competition law and for corporate governance. She has also been cited as a leading antitrust lawyer by the The International Who’s Who of Competition Lawyers from 2006 to 2011 and the Euromoney Guide to the World’s Leading Competition and Antitrust Lawyers from 2006 to 2011.

Specifically on antitrust, the team she heads is a Tier 1 practice and has been voted for 3 consecutive years as Xompetition Law Firm of the Year by ACQ Finance 2008, 2009 and 2010. On anti-trust, Kala has been involved in almost every major competition matter in Singapore as well as in the region, including headline making cases, such as in the first appeal to the Competition Appeals Board, the first price fixing cartel in Singapore, the international airline cargo fuel surcharge cartel, and the first abuse of dominance decision. She has also been active on the regulatory side and drafted the Airport Competition Code on anti-competitiveness and dominance. She advises extensively in the region (working through local associates) and travels frequently to Malaysia, Indonesia, Vietnam, Thailand, Hong Kong, India and more.

Email: [email protected]

arun balasubramanianPartner, Linklaters, Singapore

Arun is a US and India qualified lawyer whose corporate experience includes capital markets and corporate transactions such as securities offerings and other financings, mergers and acquisitions, spin-offs, joint ventures, private equity transactions, corporate restructurings and general corporate advisory matters. Arun is widely ranked as a top tier lawyer for India capital markets transactions, and his India related transactions include:

• thefirst-everissueofIndianDepositoryReceipts,byStandardCharteredPLC;• EssarEnergy’s$2billionLondonIPOandlisting;• fourofthelargestIPOsinIndianhistory:the$2.2bnIPOofDLFLimited,the$1.9billionIPOof

Cairn India Limited and the $1.4bn IPOs of Tata Consultancy Services and National Thermal Power Corporation;

• theIPOsofFutureCapitalHoldings,TechMahindra,AkrutiNirman,SunTVandfollow-onofferingsbyONGC,IPCL,PunjabNationalBankandHDFCBank;andtheproposedIPOsofRelianceInfratel,JaiprakashPowerVentures,EmaarMGF,LodhaDevelopersandIntasPharmaceuticals;

• anumberof“qualifiedinstitutionsplacements”includingplacementsbyTataMotors,Suzlon,YESBank,Larsen & Toubro, Unitech Limited, Hindustan Construction Company, Infrastructure Development FinanceCompanyandKotakMahindraBank;

• GDR/ADRofferingsbyissuerssuchasTataPower,Larsen&ToubroandHDFCBank;• the$700millionAIMlistingbyUnitechCorporateParksplc,thelargestAIMfundraisingbackedbyinvestmentassetsinIndia;and

• liabilitymanagementexercisesbycompaniessuchasSuzlon,TataMotors,TataSteelandEmaarMGF.

Continued ➥


6

In addition to his India practice, Arun has an active capital markets practice in South-east Asia. Recent transactions include:

• theIPOofAmtekEngineeringontheSGX-ST;• thespin-offbySingaporeAirlinesofSATS;• rightsofferingsbyCapitaland,NeptuneOrientLinesandKeppelLand;• follow-onandsecondaryplacementsofsecuritiesbycompaniessuchasGentingandRaffles;and• proposedREITandbusinesstrustlistingsinSingaporebyleadingoverseasdevelopers.

jyotirmoy banerjeeSenior legal counsel, Wholesale Banking, Standard Chartered

Jyotirmoy Banerjee is senior legal counsel in Wholesale Banking. Jyotirmoy joined Standard Chartered Bank in February 2010 from O’Melveny & Myers LLP in Singapore where he focused on capital markets and US securities laws. Prior to that, Jyotirmoy was in Lehman Brothers’ Equities Legal division in New York and before Lehman he worked in Shearman & Sterling’s New York office as a member of the capital markets and corporate transactions practices. His experience also includes working in the additional Solicitor General’s office in New Delhi and practicing before the Supreme Court of India. Jyotirmoy is qualified in both New York and India.

Tel:: +65 6596 5580Email: [email protected]

Dane chamorroDirector, global risks analysis, Asia Pacific, Control Risks

Dane Chamorro is director for global risk analysis Asia Pacific of Control Risks responsible for a team of ten analysts and consultants across the region. Prior to his current role Dane was managing director of Control Risks’NorthAsiaterritorycoveringGreaterChina,KoreaandMongoliafrom2007-10andbeforethattheheadof the China investigative practice.

Dane is a former US diplomatic officer and trade representative who has lived in Asia for 20 years. Prior to joining Control Risks, he ran his own investigative consultancy based in Singapore and worked as regional government programs manager (Asia Pacific) for the Swiss group Societe Generale de Surveillance, developing anti-corruption and tax evasion programs in South and South East Asia. He also worked as a strategic consultant for the Hong Kong office of Chicago’s Technomic Consultants where he managed investigative consultancy projects in China for multinational clients.

Before becoming a consultant, Dane worked in government relations for the world’s largest nuclear fuel trading firm and was heavily involved in public affairs work with the American Chamber of Commerce in Hong Kong, lobbying both the US and Chinese governments on issues of concern to the business community. In this role he capitalised on his former career as a US diplomat and trade representative where he was a specialist in overseas Chinese affairs.

Dane is an honours graduate of Georgetown University’s School of Foreign Service, the US Army Intelligence School, and did two years of graduate research on comparative Asian political-economy and security issues at the University of California. He speaks mandarin chinese and is a Certified Fraud Examiner, as well as a regular regional columnist on issues of business risk.


7

Kevin cheeCountry head, India, CapitaMalls Asia Limited

KevinCheeiscountryhead,IndiaforCapitaMallsAsiaLimited(“CMA”).BasedinBangalore,India,heis responsible for developing CMA’s retail franchise in India including investments and development and management of a portfolio of retail properties across India. His background in real estate and finance has been developed through various positions held over the last 14 years. He has an in-depth understanding of commercial real estate garnered through various experiences such as listing and managing a Singapore real estate investment trust, managing two of the most prime shopping malls along Orchard Road, Singapore’s prime shopping district and acquiring and managing a portfolio of Japanese assets.

He started his career as a financial analyst with the Royal Dutch Shell before moving to investment banking at Barclays Capital and JP Morgan focusing on international M&A advisory and capital markets. Prior to joining CMA, he was the senior vice president, asset management in YTL Pacific Star REIT Management Limited, responsible for the strategic management of Starhill Global’s portfolio of assets across Singapore and Japan.

mahim chellappaPrincipal,Tembusu Partners

Mahim is a senior team member of Tembusu Partners Pte. Ltd., a Pan Asia private equity fund with over S$300 million AUM. Mahim helps evaluate, structure, monitor and manage growth equity investments, primarily in South East Asia and India.

Before joining Tembusu Partners in January 2010, he was director at Jefferies Singapore, where he advised South EastAsiaclientsonM&Aandcapitalraisingtransactions,includingprivateequity,mezzaninedebt,andhighyield bonds. His clients included Bakrie Sumatera Plantations, Bakrie Telecom, and many other companies focused on the Natural Resources, Energy, Real Estate, Industrials, Biotech, Shipping, and Clean Tech sectors within the region.

Formerly director at Credit Suisse First Boston and vice president at Salomon Smith Barney (Citigroup) in New York, Mahim has advised over 100 global clients across many industries. His product expertise includes private equity, leveraged finance, M&A (both sell-side and buy-side) and derivatives.

Prior to receiving his MBA in Finance from Cornell University, he worked for the Federal Reserve Board’s International Finance Division in Washington, DC, and NERA Economic Consulting. Prior to receiving his BA in Economics cum laude from Carleton College in Northfield, Minnesota, he was awarded an internship on Capitol Hill.


8

vyapak DesaiHead of international litigation and dispute resolution, Nishith Desai Associates

Vyapak Desai heads the litigation & dispute resolution practice at the multi-skilled, research-based international law firm, Nishith Desai Associates (www.nishithdesai.com) with offices in Mumbai, Silicon Valley, Bangalore, Singapore, Basel and New Delhi. Vyapak is also a senior atorney in the corporate and securities practice group at the firm.

Vyapak holds a Bachelors degree in law and a Masters degree in Commercial Laws (corporate, labour and tax) from Gujarat University. He is also a trained mediator.

Vyapak represents clients in a wide-range of services with a special focus on cutting edge cross-border and complex litigations and international commercial arbitrations. He has extensive experience advising clients with creative and pragmatic solutions in order to attain effective dispute resolution strategies. He is a leading attorney in the advisement and representation of clients involved in media, entertainment, franchising, oil and gas, and financial services sectors for pre-litigation strategies, arbitrations and litigation before various forums including the Supreme Court, High Courts and Tribunals of India.

Vyapak advises clients on several Indian and international public offerings, fund investments, mergers & acquisitions, PIPE deals, issues related to corporate and securities laws, foreign direct investment and other exchange control laws.

Vyapak is often on the speaker circuit for both domestic and international conferences including In-house Congress conference and Asialaw/IFLR Conference on Cross Border Dispute Resolution, India Venture Capital Journal Conference and SME Development Chamber of India Conference on Legal aspects for Foreign Investments in India and the Lexis-Nexis Conference on the Enforcement of Foreign Arbitral Awards in India. Desai has authored many articles on implications of various rulings on securities laws, shareholder remedies in cases of fraud and issues regarding the doctrine of priority of state debts etc. Vyapak is a member of arbitration committee of the International Bar Association and the Bar Council of Maharashtra & Goa.

Tel: +91 22 66695000 Email: [email protected]

vijay K. DhingraManaging director, India Tax Services, Hong Kong, Deloitte AP ICE Limited

Vijay is a qualified chartered accountant from India. He is a managing director with Deloitte AP ICE Limited and is based in Hong Kong. Deloitte AP ICE Limited is a unique Deloitte initiative for the Asia Pacific region for providing comprehensive international tax consulting services to Asia Pacific based companies investing abroad as well as multinational companies investing in Asia Pacific. It has a team of over 21 senior tax professionals from 13 jurisdictions who have relocated to Hong Kong solely to focus on the region. Vijay is the leader of the India desk.

Vijay has more than 15 years of rich experience in advising clients in the areas of:

• MergersandAcquisitions;• InternationalTax;• CorporateTax;

Continued ➥


9

• Indianexchangecontrollegislation;• IndianForeignDirectInvestmentregulations;and• Corporatelaw.

Vijay’s relevant experience includes providing advisory services to foreign entities in relation to their India entry strategy,taxduediligenceandrelatedtransactionsupport;andtoIndianentitiesinrelationtoacquisitionsandre-organizations.Hisclientelespreadsacrossvariousindustriessuchasmedia,financialservices,energy,healthcare, consumer business and transportation, amongst others.

Vijay has contributed to several articles in international journals and has been a speaker at various Indian and international conferences.

Tel:+85228521078/+919821413242Email: [email protected]

sébastien j evrardPartner, Jones Day

Sébastien Evrard is a partner in Jones Day’s Beijing office. He handles complex antitrust matters relating to China and the European Union, including merger control, nonmerger investigations, and litigation. His practice also focuses on the antitrust aspects of intellectual property rights. His experience spans a wide range of industries including mining, media/entertainment, software/hardware, telecommunications, pharmaceuticals, transport, and fast moving consumer goods (FMCG).

InEurope,SébastienhasrepresentedclientsbeforetheEuropeanCommission;competitionauthoritiesinBelgium,France,Luxembourg,TheNetherlands,andtheU.K.;andbeforevariousotherregulatorybodiessuchas telecom regulators and/or Consumer Ombudsmen in Belgium, The Netherlands, the Nordic countries, and the U.K. He also has represented clients before courts in Belgium, France, and Germany.

Representative clients include Abbott, Adobe, American Airlines, Apple, Dell, Entreprise des Postes et Télécommunications, ICANN, KPN Group, Procter & Gamble, SanDisk, SES ASTRA, and Viacom/MTV.

Sébastien practiced in Brussels and New York before joining Jones Day in 2003. During that time, he developed experience with all aspects of intellectual property (copyright, trademarks, patents, databases) and information technology (computer law, computer crime, privacy, and e-commerce).

Hehaspublishedseveralarticlesrelatedtocompetitionlaw,intellectualproperty,andinformationtechnology;isafrequentspeakeratinternationalconferences;andhasservedontheboardoftheBrusselsYoungBarAssociation.

He is a co-author of the forthcoming book on Anti-Monopoly Law and Practice in China.

Tel:(86-10) 5866 1112Email: [email protected]


10

ankit GoyalHead (South Asia) & counsel, Singapore International Arbitration Centre

As head (South-Asia) and counsel with the Singapore International Arbitration Centre (SIAC), Ankit is actively involved with the promotion of SIAC in the South-Asia region and also assists in case administration and undertakes research on comparative laws of arbitration in Asia. He is a member of the Singapore Institute of Arbitrators (SIARB) and the Singapore Corporate Counsel Association (SCCA).

Ankit is a qualified lawyer from India, called to the Indian Bar in August 2004. He obtained his Bachelor of Commerce and Bachelor of Laws degrees in 2001 and 2004 respectively from Panjab University in India.After being called to the bar he worked for four years in the dispute resolution and commercial litigation teams of two law firms in New Delhi, India. As a senior associate in the disputes team of a major Indian law firm, he has had extensive exposure to a wide range of commercial, regulatory and arbitration matters and was actively involved in advising multi-national corporations in cross-border disputes.

Prior to joining SIAC, Ankit obtained his LL.M in International Business Law from the Faculty of Law, National University of Singapore in 2009.

Tel: +65 6221 8833

Geraint HughesManaging partner, Singapore, Clifford Chance

Geraint is head of Clifford Chance’s South and South East Asia practice and head of the firm’s regional energy and infrastructure group. Geraint, who is graduate of King’s College, London, is currently based in Singapore, having previously worked in London and Hong Kong.

Over the past twenty years, Geraint has been involved on a range of joint venture, M&A, capital raising and dispute resolution matters involving India and Indian companies globally – with a particular focus on the oil and gas and mining sectors.

Geraint has worked on deals in over 60 countries for a range of national champions, multinationals, funds and investment and policy banks.

Geraint is rated one of the top 100 lawyers in UK and top 50 in Asia.

Tel: +65 6410 2212Email: [email protected]


11

H. jayeshFounder partner, Juris Corp

H. Jayesh an expert in the field of financial services is amongst the leading practitioners in India in the areas of bankruptcy and restructuring, capital markets, dispute resolution, M&A, private equity & JVs and structured finance and is the pre-eminent practitioner in India for derivatives and structured products. Jayesh has extensive transactional experience in inbound and outbound foreign investment, private equity transactions, mergers and acquisitions, joint ventures, synthetic foreign direct investment, acquisition financing, leveraged buy-outs, collateralised debt obligations, sponsor financing, restructuring, etc.

He is an Advocate, Solicitor, Diploma holder in Business Finance and a Chartered Financial Analyst. Jayesh founded Juris Corp in October 2000 and has made Juris Corp, the law firm in India for complex financial transactions including structured products and structured finance.

Jayesh also has been a regular contributor of articles on arbitration, banking, capital markets, insurance, private equity and structured finance to various law journals. He has been ranked in the top tier by various legal directories for banking & finance, capital markets, real estate: funds, real estate: FDI and structured finance and has addressed various topics on current legal and regulatory topics at various seminars and conferences held in India and offshore including those organised by ABA, ISDA, APLMA, NYSBA and SIFMA.

Tel:+912240575555Email: [email protected]

vivek KathpaliaPartner-in-charge, Nishith Desai Associates

Vivek Kathpalia is a partner and heads the Singapore office of the multi-skilled, research-based international law firm, Nishith Desai Associates (www.nishithdesai.com) with offices in Mumbai, Silicon Valley, Bangalore, Singapore, Basel and New Delhi. He is partner in-charge of the dispute resolution, commercial law and joint ventures practice. He also has a strong focus on intellectual property laws and the information technology, telecommunication and media and entertainment industries.

Vivek represents clients in various cross – border litigations and arbitrations, both domestic and international, in a wide-range of sectors including technology, intellectual property, telecom, broadcasting and real estate. Vivek also has a leading commercial law and cross-border joint ventures practice and advises clients on investment strategies to optimise entry strategies and structures as well as M&A transactions.

Vivek actively publishes articles on dispute resolution, technology laws, intellectual property rights, business process outsourcing, media & entertainment and other areas. He is a leading attorney in various legal, tax and regulatory issues and is often invited to speak at conferences both in Singapore and internationally.

Vivek earned a Bachelor’s degree in Law from the Government Law College, Mumbai and is a Solicitor affiliated with the Bombay Incorporated Law Society. He serves on the executive committee of the Franchising Association of India and is a member of the Bombay Bar Association, Bar Council of Maharashtra & Goa and the International Bar Association. Vivek is a registered foreign attorney in Singapore.

Tel: +91 22 66695000Email: [email protected]


12

jim KuykendallDeputy general counsel, Asia-Pacific, Imerys

Jim Kuykendall is deputy general counsel, Asia-Pacific for Imerys Group. Imerys is the world leader in industrialmineralswithoperationsin47countriesincluding116mines(240totalindustrialandcommercialsites), and 29 mineral groups. Imerys mines and processes minerals from reserves with rare qualities to develop solutions that improve customer product performance and manufacturing efficiency. Imerys products serve industries such as construction, personal care, paper, paint, plastic, beverage, ceramics, rubber and telecommunications. Prior to his current role, Jim was corporate counsel,North America for Imerys and senior counsel for DS Waters (a Danone Suntory company). Jim is a US licensed lawyer based in Singapore.


a. bobby ladwa Director, Capital Markets Legal, Barclays Capital

Bobby Ladwa is a director in the Capital Markets Legal team covering the Barclays Capital DCM, ECM and M&A advisory businesses in the Asia-Pacific region.

Bobby is qualified as a solicitor in England and Wales as well as Hong Kong with over 12 years of experience, of which 8 years have been in Asia-Pacific. Prior to joining Barclays Capital, Bobby trained and qualified with Clifford Chance in London having also worked at Clifford Chance’s Hong Kong, Singapore, Tokyo and Dubai offices.

Education: BA and MA Law (Sc), Gonville & Caius College, The University of Cambridge.


Patrick lordManaging director, India, Control Risks

Patrick took up his post as managing director of Control Risks India in December 2008. He is responsible for Control Risks’ delivery of independent political, integrity and security risk consultancy throughout South Asia, and manages the company’s growing team of experts and consultants from offices in Delhi and Mumbai. Before moving to India, Patrick was Control Risks’ country manager in Pakistan, based in Islamabad. In this role he was responsible for supporting and advising clients on the operational risks and challenges of working in the country.From2005to2007PatrickworkedinControlRisks’LondonheadquartersaspartofitsMiddleEast,Afghanistan and Pakistan team, advising our government and commercial clients operating in the region.

Before joining Control Risks, Patrick was a journalist and publisher at the Financial Times covering a number of countries, industries and global issues for its series of in-depth reports. He also served in the British Army, including an operational tour in southern Iraq.

Patrick studied Classics and English at Oxford University and was awarded a Double First. He speaks French, conversational Spanish and basic Urdu/Hindi.



13

andrew martinPrincipal, Singapore, Baker & McKenzie.Wong & Leow

Practice descriptionAndrew has a wide portfolio addressing all aspects of a corporate/commercial practice including M&A, commercial contracts, corporate compliance and governance and general corporate advisory matters. He has been particularly involved in the drafting and negotiation of contractual documentation for cross-border joint ventures and mergers and acquisitions in the Asia-Pacific region.

Representative clients, cases or mattersAndrew’s experience includes advising:- Conducting a corporate governance audit on a 45/55 telecommunications joint venture between a large

European multinational and the government of a South Asian state. Providing comprehensive analysis and suggestions for improvement in operation of board, shareholder communications and certain internal systems.

- Assisting on US Foreign Corrupt Practices Act audits for regional HQ of large US multinationals with manufacturing and distribution operations across Asia-Pacific.

- Providing training in Singapore for US multinationals on local anti-corruption laws in Asia-Pacific as part of FCPA training roll-out.

- Regular advisory work on local anti-corruption laws and acting as co-ordinating counsel for Asia-Pacific advisories and surveys.

Presentations- IndianOutboundInvestment:TheKeytoSuccess;“Cross-borderM&A-StrategyandTactics”PanelDiscussion–IncollaborationwiththeBombayChamberofCommerceandIndustry;July2008

- M&A:AuctionSalesStrategypresentationtoselectedclients–DelhiandMumbai,September2007- DiscussionLeader&ChairmanofPanelforM&AWorkshop–SingaporeIn-HouseCounselCongress,27

February 2003, 10 February 2004, 22 February 2005 and 14 February 2006 - Expanding Overseas: Key Issues In Cross-Border M&A – In-House Congress Mumbai 12 May 2005 and

12 September 2006- Looking South: Opportunities and Contrasts in Approach – Singapore – Asian In-House Counsel Summit,

Hong Kong, 15 March 2006

Tel:+6564342507Email:[email protected]

Zia modyCo-founder, AZB & Partners

Zia Mody is the founder and senior partner of AZB & Partners and one of India’s foremost corporateattorneys.ShepassedherlawdegreefromtheUniversityofCambridgein1978.ShewasenrolledasanAdvocatewiththeBarCouncilofMaharashtra&Goain1978anddidherLLMfromHarvardLawSchool.She was then admitted as a member of the New York State Bar by examination in 1980 and has practiced in Indian courts for over 15 years.

Her expertise includes corporate mergers and acquisitions, securities law, private equity and project finance, BPO related work, litigation and dispute resolution.

Zia is a non-executive director of the HSBC, Hong Kong. She is a vice president and member of the London

Continued ➥


14

Court of Arbitration (LCIA) and a member of the CII National Council on Corporate Governance and Regulatory Framework, the CII Committee on Capital Markets, the CII Committee on Financial Services, the CII Committee on Legal Services and the CII Committee on Mutual Funds. She is also a Trustee of the Baha’i School, New Era High School, in Panchgani.

Amonghermanyawards,shehasbeenvotedas“BusinessWomanoftheYear,2010”bytheEconomic Times, for which she was recently felicitated by The Society of Indian Law Firms (SILF). She has also been voted by the Economic Times as one of the country’s most powerful CEOs (2004 to 2008), and as one of the 15 most powerful Indian women leaders in 2010. She has been selected as one of the 25 most powerful women in business by Business Todayin2004,2006,2007,2009and2010.

jai s. PathakPartner-in-charge, Asia-Pacific region, Gibson Dunn & Crutcher

Jai S. Pathak is the partner-in-charge of the Singapore office of Gibson Dunn & Crutcher and is also located in Gibson Dunn’s Los Angeles office. Pathak is a member of the firm’s corporate department and its mergers and acquisitions practice group.

Pathakhasextensiveexperienceincross-bordermergersandacquisitions,takeovers,dispositions,privatizations,joint ventures, licensing, infrastructure development, as well as private equity and structured finance transactions. He has significant experience in the telecommunications, IT, banking, hospitality, oil/gas, pharmaceutical and chemical industries. His clients have included governments, financial institutions, investment banks, multinational companies and US, European, and Asian companies. His practice has included projects in India, Southeast Asia, the US, Europe, Latin America, Canada, Australia, China and South Africa.

Pathak previously practiced with Jones Day since 1985, where he was a partner heading the transactional practice in Los Angeles and coordinating the M&A section for the California region. He previously served as head of that firm’s India practice and partner in charge of the Singapore office. He also spent more than a decade practicing in Jones Day’s London, New York and Cleveland offices.

Chambers & Partners 2011 ranks Pathak as a leading lawyer for Corporate/M&A in both India and Singapore. Mr.Pathakwonthe“BestCorporateLawyer”awardatAsian Legal Business’s Legal Who’s Who Singapore 2003.Hewaspresentedthe“NationalLawDayAward–2001”bytheIndian Council of Jurists for his unique contribution to the development of Indian corporate law. In addition, Pathak was also named by The American Lawyer in its February 2009 issue to its list of the Top 20 Lateral Partner Hires for 2008.

Pathak graduated from law school (B.A. (Hons. in Jurisprudence)) from Oxford University in 1984 (M.A., 1989) and received his LL.M from the University of Virginia in 1985. He previously earned his B.A. (Hons.) and M.A. degrees from the University of Delhi and Jawaharlal Nehru University, New Delhi, India.

Pathak is admitted to practice law in Delhi, India and the State of Ohio.



15

anand s. PathakManaging partner, P&A Law Offices

Anand Pathak is the managing partner of P&A Law Offices, New Delhi. He is a specialist in international M&A and competition laws and practices in the areas of US, European and Indian mergers, acquisitions and joint ventures, and technology licensing, distribution and agency arrangements. He has extensive experience in advising clients on the full range of US, European and Indian legal issues in connection with internationalmergersandacquisitions,privatizations,technologylicensing,distribution,franchisingandagencyarrangements, and European and Indian laws on competition, trade and intellectual property.

Prior to joining P&A Law Offices in New Delhi, Anand was a lawyer in the Brussels, Cleveland and Palo Alto offices of Jones Day. Anand attended all of the EU Council negotiation meetings leading to the adoption of the EU Merger Control Regulation and assisted in the drafting of the implementing regulations and guidelines issued by the EU Commission. He has represented clients in EU Commission and Competition Commission of India proceedings and investigations, including NACCO, Diebold, Toyota, Parker Hannifin, Mitsui, Mitsubishi, General Electric, Dresser Industries, Ingersoll-Rand, Pepsico Inc., Waste Management, MCX-SX’s complaint against the NSE for predatory pricing, and Springer India. His representation of clients in major US mergers, acquisitions and joint ventures includes the sale by Westinghouse to Schindler of the Westinghouse Elevator Company, the acquisition by Huntsman of Deerfield Plastics, the sale of Realogic to Computer Associates, and the acquisition by Zurn Industries of Eljer Industries, by Anthem of Acordia and by CTS Corporation of Dynamics Corporation (in each case pursuant to a public tender offer in the US), and the termination of the Diebold-IBM and HCL-Perot Systems international joint ventures.

Anand has represented several clients in listed company transactions in India (public offers, rights offerings and de-listings), including Tech Mahindra Limited (acquisition of Satyam Computer Services Limited), Daiichi Sankyo Company, Limited (acquisition of Ranbaxy Laboratories Limited and Zenotech Laboratories Limited), DanaCorporation,Luxottica,ExideTechnologies,FederalMogulGoetzeLimitedRPMInternationalandSchneider Electric. He was a member of the team that represented Rediff.com and Mahindra Satyam in the class action litigation against these companies in the US.

Anand was presented with the National Law Day Award – 2005 by the Prime Minister of India for his unique contribution in the field of corporate law and for bringing foreign investments into India. He was awarded “BestM&ALawyerinIndiain2008”and“IndiaM&ALegalCounseloftheYear”in2009.HeisalsolistedinThe International Who’s Who of Competition Lawyers (2009 and 2010).

Anand is a member of the board of editors of the EC Merger Control Reporter, is a frequent speaker on EU and Indian competition laws in seminars, and is the author of several articles on EU and Indian competition laws,including“EECConcentrationControl:TheForeseeableUncertainties,”International Company and Commercial Law Review 72(1990);“TheECCommission’sApproachtoJointVentures:APolicyofContradictions,”European Competition Law Review 171(1991);“ECMergerRegulationEnforcementDuring1992,”European Law Review CC 132(1993);“MarketDefinitions,“CompatibilitywiththeCommonMarketandAppealsfromCommissionDecisionsundertheMergerRegulationDuring1993,”European Law Review CC 166(1994);and“India’sNewCompetitionAct:AMuddledBeginning,”2008 Guide to Competition and Antitrust, IFLR page 44. His comments on various European and Indian legal matters have regularly featured in a number of legal periodicals and journals, including the International Herald Tribune, the Wall Street Journal, Corporate Control Alert, Business World, Business Today, Economic Times, Financier Worldwide and India Business Law Journal.

Tel: 91 11 4139 3939E-mail: [email protected]


16

timothy PitrelliAssistant general counsel, Merrill Lynch International Bank Limited (Merchant Bank)

Timothy Robert Pitrelli is an assistant general counsel at Bank of America Merrill Lynch. Timothy is stationed in Singapore, and covers investment banking legal matters for Southeast Asia and India. At BofAML, Timothy has personally covered numerous debt and equity offerings by private and public issuers, including several Government of India disinvestment transactions. Prior to joining BofAML, Timothy was an associate at Latham & Watkins in Singapore and New York, where he practiced in the firm’s corporate, capital markets and India practice groups and gained extensive experience in a wide range of corporate finance matters. Timothy holds a Bachelor of Arts from the Johns Hopkins University. Timothy received his US law degree from the University of Texas, Austin, and is admitted to the bar in New York and California.


abhishek saxenaPartner, Phoenix Legal

Abhishek is a partner based in the Delhi office of Phoenix Legal. His areas of practice include project finance, private equity, joint ventures, structuring and tax advisory, IT outsourcing, M&A, foreign investment and regulation and secondary capital markets. Abhishek has advised on a variety of complex cross border deals and has been closely associated with a number of high profile projects and transactions. Prior to co-founding Phoenix Legal, Abhishek was a partner at Trilegal, a leading Indian corporate commercial firm.

Publications & Presentations Abhishek has authored a number of articles which have been published by reputed international publications. He has been an avid speaker at a number of conferences across the globe. Some of his recent presentations are:

• “BusinessCultureandDoingBusinessinIndia”ataseminarorganisedbytheAlicanteChamberofCommerce, Spain

• “DoingBusinessinIndia”ataseminaronIndo-ChinabyUniversityofValencia,Spain• “StructuringEPCContracts”atanIndependentPowerProducersconferenceinMumbai• “FinancingPowerProjects”atajointconferenceorganisedbyGovernmentsofIndiaandNepalin

Kathmandu

Independent recognition Abhishek was recently listed by Asian Legal Businessasoneof“ALB’SHot100”listingthebestlegalmindsinAsiain2009.Abhishekhasbeenrecommendedasa“leadingAsiaPacificlawyer”byIFLR1000. Abhishek has been highly recommended as a leading lawyer by Chamber’s Asia“Asia’sLeadingLawyersforBusiness”in2010and 2011.

EducationB.A. (Hons.) LL.B., Delhi University

Admissions Bar Council of Delhi and is licensed to practice in any court in the Union of India.

Tel: +91 11 4983000 / 91 11 49830012 / 91 9910000990Email: [email protected]


17

saket shuklaPartner, Phoenix Legal

Saket Shukla is a partner based in the New Delhi office of Phoenix Legal. Saket primarily focuses on corporate and commercial transactions, joint ventures, acquisitions, energy and resources, insurance and corporate finance including restructuring and exits. Saket regularly advises on cross border M&A transactions representing both resident as well as non resident entities. A number of transactions that Saket has been involved in have had significant cross border elements with clients ranging from major international corporations, multilateral agencies and public sector undertakings. Prior to co-founding Phoenix Legal, Saket was a partner at Trilegal, a leading Indian corporate commercial firm and handled several big ticket transactions.

Publications & Presentations Saket has authored a number of articles including: • theIndiachapterforGasRegulations(Global Competition Review) 2004 Edition • theIndiachapterforThe Preston Gates Guide to Telecommunications in Asia, 2004.

SaketpresentedapaperonM&Ainthe2007Asialaw India Summit held in Delhi and on an Infraline organisedconferenceon“India’ssearchforEnergyResourcesWorld-Wide;SomeSuccessesandSomeFailures:TheSearchContinues”.

Independent recognition Saket has been listed as one of the most highly recommended Asia-Pacific-focused lawyers in the practice areas of M&A and General Corporate by the Asialaw Leading Lawyerssurvey,intheyears2007and2008.Asia Pacific Legal 500quotes:“Saketgivesexcellent,sound,balancedadviceoninsurance,JVsandcorporatemattersandiswillingtoadviseanddoesn’tsitonthefence.”

EducationB.A. (Hons.) LL.B., Delhi University. Master in Business Law, National Law School of India University, Bangalore

AdmissionsBar Council of Delhi and is licensed to practice in any court in the Union of India.

Tel:+911149830000/911149830011/919810582571Email: [email protected]

muhammad uteemFounder and head, Uteem Chambers

Muhammad Uteem is the founder and head of Uteem Chambers, a leading law firm of Barristers in Mauritius. His practice concentrates on international commercial law, trusts, tax consultancy and litigation and on all aspect of offshore business activities. He has a very diverse portfolio of international clients which range from sophisticated institutional investors, merchant banks and government linked agencies to high net worth individuals who require international tax and estate planning solutions. He has also been involved in legislative drafting in Mauritius.

Prior to returning to Mauritius, he worked for a number of years as an associate of Winthrop Stimson Putnam & Roberts (now Pillsbury Winthrop Shaw Pittman LLP), an American law firm, in Singapore, Hong Kong and Japan.

Continued ➥


18

Muhammad Uteem holds a masters in International Business Law from King’s college, London. He won the 1st PrizeforbestoverallperformanceattheBarExamsofEnglandandisaCheveningscholar.Heisalsoanelectedmember of the National Assembly of Mauritius.

Kanad virkManaging director and chief operating officer, Standard Chartered Bank, Principal Finance Group

Kanad Virk joined Standard Chartered Bank in 2008 as a managing director in Principal Finance and the chief operating officer of the Principal Finance Group. Virk has more than 15 years of work experience, including investing, product development, mergers and acquisitions, project finance and financings in a broad range of industries. Prior to joining SCB in 2008, Virk spent 10 years at Goldman Sachs, starting in the Asia ex-Japan Mergers & Acquisitions Group, and later moving to the West Coast Mergers team in the US. In 2003, he moved to Goldman’s Private Wealth Management business as chief operating officer of Asia, including Japan. In 2005, he moved to London, as COO of Private Wealth Management – Europe/Middle East/Africa, where his responsibilities included strategy, finance, IT/operations, audit/control/risk, recruitment and serving as head of product development and the co-chair of the European New Products Committee. Prior to joining Goldman Sachs, Virk worked as a lawyer in Mergers & Acquisitions and Energy Project Finance, first at Cravath, Swaine & Moore in New York and later at Skadden Arps in Los Angeles, Hong Kong, London and Vienna. While at Skadden Arps, Virk worked on project and corporate finance transactions in a broad range of infrastructure sectors, including power, telecoms, transportation, minerals/mining and sports stadiums.

Virk received a J.D. (magna cum laude) from the University of Minnesota Law School and a Bachelor of Arts degree with a joint major in Mathematical Economics and History from Pomona College.

Dilip KadambiDirector, Head Equity Capital Markets India and South East Asia, RBS Bank N.V, Singapore • Diliphasover17yearsofworkexperience,largelyfocusingonEquitycapitalmarkets• DilipKadambijoinedABNAMRO/RBSinMarch2005,fromKotakInvestmentBanking• MainIPOandequityplacementexperiencesandothertransactionexperiencesinclude:

– USD555mn Rights offering of Central bank of India – USD761mnFPOofTataSteel– USD2.18bn FPO of NMDC, – USD765mnFPOofRECLtd,– USD2.95bn IPO of Reliance Power, – USD300mn QIP for PTC India Ltd, – USD150mn QIP for The India Cements Ltd, – USD600mn Qualified Institutional Placement for Hindalco Industries, – USD875mnConvertiblebondofferingofTataSteel,– USD325mn Convertible bond offering of JSW Steel Ltd, – USD2.0bn IPO of Cairn India Ltd, – USD1.6bn ADR offering of Infosys, – USD 100mn IPO of Tech Mahindra, – USD75mnConvertiblebondofferingofTheIndiaCementsLtd,– USD1.1bn IPO of NTPC – USD2.0bn divestment in ONGC by the Government of India

The information contained in the speakers’ biographies has been supplied by the speakers themselves except where otherwise specified. The publisher has not verified the accuracy of this information and takes no responsibility for any misrepresentation or error within.

Documents

Agenda & speaker biographiestransactions such as securities offerings and other financings, mergers and acquisitions, spin-offs, joint ventures, private equity transactions, corporate