1

Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

___________________________________________Recommended as “ Top Tier Firm” in Dispute Resolution by the Asia Pacific Legal 500 in 2019

Awarded “Most Trusted M&A Law Firm -India & Commercial Litigation” by APAC Insider 2018Awarded “Dispute Resolution Firm of the year 2017 (Mumbai)” by the Legal Era

1

Page 2: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ABOUT US

• Established in 1918.

• Only Law Firm in Mumbai to be inaugurated by a Judgeof the High Court – Sir Frank Beaman.

• Our Founding Fathers: Mr. Manilal D. Nanavati Mr. Bal G. Kher – went on to become the First Chief

Minister of the erstwhile State of Bombay Mr. Ambalal S. Parikh

• Our Managing Partner, Mr. Vikram Trivedi joined the Barin 1981 was admitted as a Partner in 1984 and went on totake complete charge of the Firm in early 2000.

2

Page 3: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

OUR BELIEFS

3

Loyalty towards Clients

Credible and Dynamic approach

Young and enthusiastic team

Integrity

Ensuring Client satisfaction

Social welfare

Creating Talent

Service Oriented

Page 4: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

OUR TEAM

4

VIKRAM TRIVEDIMANAGING PARTNER

SACHINCHANDARANA

EFFECTIVELY ASSISTED BY 20+ ADVOCATES

DEVYASHCHAURASIA

FAISALSAYYED

RASHIDBOATWALLA

SANAYADADACHANJI

SUNILTILOKCHANDANI

MAYURBHOJWANI

SUCHITRAVALJEE

LIPSA UNADKAT

PRIYA DIWADKAR

Page 5: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ADAPTING TO THE NEW NORMAL

• Being a full-service law Firm, we have successfullyincorporated virtual hearings being adopted byCourts into our regular practice.

• MKA was amongst the first to do e-filing before theBombay High Court and contributed in thepreparation of a guidance note on the proceduralaspects to assist the members of the Bombay HighCourt Library.

5

Page 6: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

AREAS OF PRACTICE• Arbitration, Mediation & Conciliation – Alternate Dispute Resolution• Banking and Finance• Commercial Litigation – Dispute Resolution• Corporate and Commercial Advisory Services• Direct and Indirect Taxation• Education Laws• Electricity Laws• Employment and Labour Laws• Family & Matrimonial Laws• Information Technology Laws• Insolvency and Bankruptcy• Insurance Laws• Intellectual Property• M&As• Media & Entertainment• Pro Bono Litigation• Real Estate• Regulatory practice and Securities Law• White Collar Crime 6

Page 7: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ARBITRATION, MEDIATION & CONCILIATION -ALTERNATE DISPUTE RESOLUTION

• We offer a dedicated and experienced team to successfully complete anyArbitration proceedings well within the timelines prescribed under the Act.

• Adept in handling - International Commercial Arbitrations /Ad-hocArbitrations/ Institutional Arbitrations such as ICC, ICA, SIAC, MCIA etc.

• Expertise in a wide Spectrum of disputes including :• Service Level Agreements;• Financing/Investment/Subscription Agreements;• Operation, Maintenance & Turnkey Contracts;• Construction Contracts of mega infrastructure projects;• Supply Contracts;• Insurance Policies.

• Adept in representing Clients through the entire dispute’s lifecycle, throughthe entire arbitration before the Arbitral Tribunal, to arbitration – relatedlitigation in Courts such as pre-arbitration process and Attachment andEnforcement actions. We also offer our expertise in drafting a pragmaticArbitration clause keeping in mind the newest developments in arbitrationlaw and practice.

7

Page 8: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

BANKING AND FINANCE LAW

• Advising on filing claims for recovery of amount and enforcement ofsecurities on behalf of Banks/FI/ARCs.

• Prevalent before multiple Debt Recovery Tribunals in India i.e. DRT inMumbai, Chennai, Ahmedabad, New Delhi, Pune and Bangalore.

• Providing valuable services to expedite recovery while dealing withcomplicated issues involving third party claims, assignment, inter-sedisputes between banks regarding sharing of sale proceeds, challengesto attachment, sale proclamation and auction of the assets.

• Expertise in addressing issues pertaining to taking over possession ofassets of the borrower including the right to transfer by assigning,leasing and selling the assets concerned.

8

Page 9: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

COMMERCIAL LITIGATION - DISPUTE RESOLUTION

The Firm enjoys prominence in this area of practice andis adept in handling disputes related to:• Shareholders Agreement;• Infrastructural Projects;• Invocation of Bank Guarantees;• Securitization Act, Derivative Transactions;• Indirect Tax and Securities Transaction Tax;• Enforcement of Securities;• Cross Border Transactions.

9

Page 10: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

CORPORATE AND COMMERCIAL ADVISORY SERVICES

Includes :

• Strategic and private equity investments;

• Conducting due diligence;

• Structuring of transactions including drafting and negotiatingtransaction agreements, shareholders’ agreements, shareacquisition / purchase agreements and share subscriptionagreements, joint ventures, asset acquisition agreements andrelated legal, regulatory and commercial advice;

• Acting as the Indian Law Correspondent Counsel for ForeignEntities;

• Advising on the collaboration and revenue sharing arrangementbetween parties.

10

Page 11: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

DIRECT & INDIRECT TAXATION

• We have to our credit, landmark cases under The CustomsAct,1962 the Maharashtra Sales Tax Act and Income Tax, 1961.

• In a leading case attended by us in the case of Dr BalabhaiNanavati Hospital the Hon’ble Supreme Court of India carvedout an exception on the pre-requisite of deposit of demandimposed by custom authorities before entertaining thechallenge and exempted Dr. Balabhai Nanavati Hospital fromthe applicability of the law and the principle laid down in thecase of Jaslok Hospital applicable to all other hospitals.

• We also attended to several inter se disputes between securedcreditors and the Income Tax and Sales Tax authorities todetermine superiority of claim of a secured creditor.

11

Page 12: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

EDUCATION LAWS

• In the field of education law, the Firm has a dedicated team providing areaspecific guidance ranging from incorporation of Society or Trust,Government approvals, obtaining recognition for an educational institutionto advice on all facets of its administration. Being well versed with locallaws and enactments, especially region/jurisdiction specific rules and bye-laws, gives the Firm an advantage in providing quality advise in relation tothe entire gamut of the education laws in India.

• The Firm recognises the importance of providing specialised servicesincluding advising and litigating on matters of education and has created aniche practise which is focused on varied aspects pan India. The range ofservices include providing opinion on various contentious issues in relationto education law, advising on applicability of statutes on minorityinstitutions, strategizing on potential issues on education and responding toshow cause and regulatory Notices.

• The Firm represents Associations in challenging Statutes relating toeducation and also represents educational institutions (including minorityinstitutions) before various fora, all across India.

12

Page 13: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ENVIRONMENTAL LAWS

• Our team has played an instrumental role in protecting theenvironment.

• Our corporate client challenged the illegal dumping of garbage inNavi Mumbai, causing immense harm to the environment.

• The proceedings led to evolving of a new garbage recycling/handlingsystem/process, which was as a result of several rounds of hearingsand recommendations of Committees formed by the Hon’ble Court tocurb the environmental hazard.

• Even today the garbage recycling model evolved and sanctioned bythe Hon’ble Court as being ‘safe’ for the environment is beingimplemented by other State Governments in the country to ensureminimal harm to the environment.

13

Page 14: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ELECTRICITY LAWS

• We have represented very notable clients in this area of practice inthe State of Maharashtra before the Hon’ble High Court.

• Filed many Writ proceedings representing captive power producersand other high energy consuming industries, challenging:• the levy of a very high electricity duty on captive consumption in the

State and succeeded in obtaining interim stay on demands raised bythe Distribution Licensee on the basis of such heavy duty;

• the levy of very high electricity duty on open access consumers in theState;

• the constitutionality of provisions of the Maharashtra Electricity DutyAct, 2016.

• Rendered opinion on Renewable Purchase Obligations applicable incase of captive co-generation plant under the Maharashtra ElectricityRegulatory Commission (RPO, its compliance and implementation ofRenewable Energy Certificate Framework) Regulations, 2010 and2016.

14

Page 15: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

EMPLOYMENT AND LABOUR LAWS

Our team is adept in advising and representing corporates on variousissues such as :• Non-Compete, Non-Solicitation & Confidentiality Clauses in

employment contracts;• Claims for Employee Stock Options (ESOPs);• Claims qua statutory benefits such as provident fund dues and

gratuity on termination of employment;• Claims for non-receipt of Pension by ex-employees;• Protection of women from sexual harassment at workplace;• Challenges to award for reinstatement of workmen;• All and any claims arising out of termination and/or retrenchment;• Claims as regards priority of dues of workmen against secured

creditors. 15

Page 16: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

FAMILY & MATRIMONIAL LAWS

Our team is known for offering pragmatic advise to its private clients oncontentious and non-contentious issues arising out of family andmatrimonial laws. This practice area has grown throughrecommendations.

How we can help:• Divorce proceedings;• Domestic Violence proceedings;• Child custody and access rights;• Interim Maintenance;• Partition and Distribution of Estate;• Inheritance and Succession;• Probate & Wills.

16

Page 17: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

INFORMATION TECHNOLOGY LAWS

Our practice group renders specialist services in litigationrelated to:

• Information technology laws of the country;• Online image management & research; and• On prosecution for offences ranging from hacking, cyber

bullying, online defamation, domain infringements, identitytheft and on data protection issues.

17

Page 18: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

INSOLVENCY AND BANKRUPTCYApart from advising financial creditors through the intricacies of the Insolvency &

Bankruptcy Code, our team is equally adept at handling issues and litigation initiated by

operational creditors under the Insolvency Code which includes:

• Strategizing and advising on various facets of the Insolvency Code and liquidation

process;

• Representing Financial Creditors before the NCLT across Mumbai, Chennai, Kolkata,

Delhi, Bangalore, Ahmedabad and the NCLAT (Appellate Tribunal);

• Initiating / defending proceedings against Corporate Debtor before NCLTs;

• Advising the Committee of Creditors on the CIR process and on the Resolution Plans;

• Reparation of Restructuring Documents;

• At the other end of the spectrum, our team is also engaged by Corporate Debtors

against whom proceedings are initiated;

18

Page 19: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

INSURANCE LAWS• Advising Third Party Administrators (TPAs) and private sector General

Insurance Companies on regulatory, legal and commercial issues.

• Drafting, Vetting and Certifying General Insurance products such as• Fire Insurance;• Motor Insurance;• Travel Insurance;• Home Insurance;• Health Insurance;

• Drafting terms of use and privacy policy for healthcare software andApplication in compliance of the I.T Act and Rules.

• Advising on MOUs between I.T Companies providing online wellnessplatforms through mobile applications and healthcare providers tofacilitate the use of online wellness platforms to its customers.

• Representing Insurance Companies and TPAs in their commercial disputes inArbitration, High Courts across the country as well as in the Supreme Court.

19

Page 20: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

INTELLECTUAL PROPERTY

• Trademarks, design, copyright and patent law including advisingclients on infringement issues

• Enforcement Actions and Registration of Trademarks and Copyrights• Diverse experience in structuring contracts/agreements related to

assignment and licensing of IPs, negotiating brand userarrangements and document for creating charge over IP assets

• Advice on IP Monetization• IP litigation across courts and specialized tribunals in India,

registration and prosecution of trademarks, designs, copyrights,patents.

• Competent team providing specialist advice and formulatingstrategies for prevention of infringement and passing off actions byobtaining John Doe orders for protecting IP assets.

• Instrumental in advising on issues relating to violation of the right toprivacy and fundamental right to life of citizens by obtaining rollingAnton Piller/John Doe orders.

20

Page 21: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

• Experience in addressing a wide range of issues pertainingto acquisitions, schemes of arrangement, mergers,demergers and amalgamations; buy-back of securities, andreduction of capital.

• Practice entails covering a broad spectrum of issues relatedto:• Mega Debenture Issues;• Restructuring;• Reverse Mergers.

• Instrumental in sanctioning two mergers during thepandemic for India’s largest construction & heavyengineering giants through virtual hearings and videoconferencing.

21

M&As

Page 22: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

Media & Entertainment

• Our media and entertainment team has a prominent practice in

this sector and is recommended for the wealth of experience

they bring to the table.

• Varied experience in talent and celebrity managements, brand

endorsements, music, internet and digital media, social media

advertising, concerts, reality television shows, live

performances across the world.

• The practice of the Firm is backed with a unique combination of

solution-oriented, business-friendly and dedicated legal advice. 22

Page 23: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

• Our Managing Partner being a passionate animal lover supported a

Public Interest Litigation filed before the Hon’ble Bombay High Court

by an NGO, seeking a ban on horse driven carriages / Victoria’s in

the city of Mumbai for joy rides.

• The Firm was also instrumental in challenging a Municipal Circular

for adopting punitive action with heavy fine in respect of the light

motor vehicles parked in ‘no parking zones’ within the radius of 500

metres from Public Parking Lots in Greater Mumbai 23

PRO BONO LITIGATION

Page 24: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

• Structuring and documenting complex deals for acquisition of real estate,both land and buildings.

• Due Diligence of Land for the purposes of installation of Wind Turbines.• Transactional documentation for Redevelopment of Land and Slum

Rehabilitation Projects.• Documentation for acquiring Quarry Lease and Mining.• Structuring and Documentation for creation of security, topping up the same

to secure the outstanding debt.• Strategizing land transactions with the participation of investors,

documentation for divestment and simultaneous deal for grant ofdevelopment rights, division of land with segregation of rights of ownershipand development.

• Strategizing the deals of development of land with equity participation andrevenue sharing both in terms of monetary value and the area sharing.

• Advising on Acquisition laws, Stamp Duty laws & marketability of title.• Real estate litigation.

24

REAL ESTATE

Page 25: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

REGULATORY PRACTISE & SECURITIES LAW

• Has a stellar team having extensive litigation practice beforeSecurities Appellate Tribunal and in appeals before the Supreme Courtof India.

• Litigation related to:

Annulment of Trades;

Disciplinary action – suspension and expulsion of trading members;

Delisting of Securities of listed entities;

Surveillance action against listed entities;

Reclassification/ Declassification of promoters;

Investor claims.

• Proficient at defending writ proceedings across High Courts seekinginterference with the governance and regulatory framework of thebourses.

25

Page 26: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

WHITE COLLAR CRIME

• Initiating/Defending Criminal Proceedings on behalf of Corporates/Banks and their officials before the EOW.

• Defending the Management/Top Officials of Banks/Corporates inCriminal proceedings.

• Regulatory compliance related to anti-money laundering and anti-corruption.

• Proceedings pertaining to statutory non compliances.

• Actions and proceedings to locate, freeze and recover the proceedsof fraud and other financial crimes.

• Engaging investigation agencies and advising action on ForensicReports detecting a Cybersecurity breach.

• Proceedings to protect personal liberty of clients including pre andpost arrest bail.

26

Page 27: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ACCOLADES

27

Recommended as a Top Tier Firm by Asia Pacific Legal 500from 2017 to 2019 Editions in the category of “DisputeResolution”.

Also Recommended by Asia Pacific Legal 500 in thecategories of “Insurance”, “Corporate/M&A”, “Employment &Labour”, “Real Estate” & “Media & Entertainment”.

Page 28: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

ACCOLADES

• Awarded by Legal ERA as “DISPUTE RESOLUTION LAWFIRM OF THE YEAR (MUMBAI)”

• Asian MENA Counsel “LITIGATION AND DISPUTERESOLUTION FIRM OF THE YEAR 2017”

• Awarded by APAC Insider as “THE MOST TRUSTED M&ALAW FIRM 2018 – INDIA”

• Awarded by APAC Insider as “COMMERCIAL LITIGATOROF THE YEAR 2018”

28

Page 29: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

Delhi & Chandigarh

Chennai

KolkataMumbai

Pune

Bengaluru

Hyderabad

AhmedabadJabalpur

Indore

OUR PRESENCE

29

Nagpur

Lucknow & AllahabadJodhpur & Jaipur

Page 30: Arbitration and Conciliation Bill(Amendment) 2018Arbitration proceedings well within the timelines prescribed under the Act. • Adept in handling - International Commercial Arbitrations

30