Our dispute resolution practice offers services spread across litigation, arbitration, regulatory and pre-disputes advisory assignments. We actively represent clients on a gamut of litigations in India before various forums such as the Supreme Court of India, High Courts, Tribunals, Appellate and Regulatory bodies. Our robust team advises clients on complex domestic and international commercial arbitration matters such as pre-arbitration strategy, settlement discussions, representation during arbitral proceedings and recognition and enforcement of awards or challenges.
Our expertise across regulatory framework in India transcends the businesses of banking and finance, insolvency and restructuring law, corporate law, competition law, environmental law, electricity law, data privacy and cyber security, financial services, fraud and financial crime or other laws. The dispute resolution practice works seamlessly with other practices within the firm to deliver focussed and commercial advice to the client and also work closely with international law firm on international matters involving Indian laws.
Khaitan & Co has been involved in several landmark judgments that have impacted the regulatory regime in India. Our robust and well-regarded arbitration practice has been involved in obtaining many landmark awards both domestically and internationally for our clients. Our dispute resolution practice is by far the most varied and experienced of most Indian full-service law firms.
Successfully represented the Cement Manufacturer’s Association (CMA) and Ambuja Cements Limited before the Supreme Court of India which passed a favourable order that the cement industry is exempted from the ban on usage of pet coke in Rajasthan, Haryana and Uttar Pradesh. Almost all major and minor cement companies in India are a part of CMA.
Advising and representing in relation to the appeal against an order of the National Green Tribunal (NGT) directing the quashing of the Coastal Regulatory Zone (CRZ) Approval granted to MMRDA to implement flood mitigation measures along the Mithi River.
Represented the client before the Hon’ble High Court of Delhi with regard to challenge to notification passed by the Central Government banning Fixed Dose Combinations (FDCs).
We strategized, advised and represented various Clients in relation to the notification passed by the Central Government banning several FDCs on 7 September 2018 and were able to secure interim orders for the Clients and also quashing of certain notifications pertaining to Anti-Diabetic FDCs.
Represented the Client before the Hon’ble High Court of Delhi impugning a demand levied by National Anti-profiteering Authority (NAA) under the Central Goods and Services Tax Act, 2017 (Act). NAA under the Central Goods and Services Tax Act, 2017 levied a demand of on Abbott for profiteering and not passing on a benefit of reduction in rate of GST to its customers.
Abbott challenged the constitutional validity of the Act as well as the methodology and the procedure undertaken by NAA in issuing the demand against the Abbott. KCO advised and represented the Client and successfully secured an interim Order for the Client.
Successfully represented the Client before the Hon’ble Supreme Court of India whereby ban imposed on pre1988 Fixed Dose Combination Drugs (FDCs) was quashed.
The Central Government of India vide its Notification dated 7 September 2018 sought to ban several FDCs, some of which were pre-1988 and hence outside purview of the judgement passed by the Hon’ble Supreme Court of India in UOI Versus Pfizer Limited dated 15 December 2017. KCO advised and successfully represented the Clients in quashing of the said Notification issued by the Central Government.
Successfully represented client before a 3-member Arbitral Tribunal in an arbitration proceeding against HRD Corporation Marcus Oil & Chemical Division (HRD) arising out an agreement for the sale and supply of the Low Polymer Wax (a by-product of the High-Density Polyethylene Plant).
Represented Mahindra & Mahindra Limited (Mahindra) before the Hon’ble Supreme Court in a Special Leave Petition (SLP) filed against the order and judgment of the Delhi High Court, aggrieved by the part relief granted by the High Court in inter alia upholding the order passed by the Competition Commission of India dated 25.08.2014 in Case No. 3 of 2011 (CCI Order). The SLP was heard on 29 April 2019, when the Court was pleased to issue notice and direct that the ad-interim stay order granted by the High Court i.e. stay of operation of the CCI’s order shall continue till the next date of the hearing.
Advised and represented Siemens Limited (SL) before a 3-member Arbitral Tribunal in an arbitration proceeding against Paharpur Cooling Towers Limited (PCTL) in relation to a Contract for detail engineering civil works, supply and erection of three Natural Draught Cooling Towers on turnkey power project in Dahej, Gujarat for the Owner, Torrent Energy Limited. By and under an Arbitral Award dated 27 February 2019, claims of SL on account of Liquidated Damages (LD) for delay in execution of the project and other risk purchase and mitigation measures undertaken by SL has been awarded against PCTL aggregating to the tune of INR 53.53 Crore and counter claims of PCTL on account of outstanding invoices and retention amount aggregating to the tune of INR 22.48 Crore has been allowed.
Represented Aditya Birla Finance Limited before the Delhi High Court, National Company Law Tribunal Mumbai Bench, and National Company Law Appellate Tribunal in respect of recovery actions and legal proceedings against Infrastructure Leasing and Financial Services Limited (“IL&FS”) and its group entities in respect of default of loans and debt securities.
"The 'flexible', 'responsive', and 'knowledgeable' team at Khaitan & Co draws from its partners' expertise in other practice areas, including tax, white-collar criminal defence and disputes, to provide multi-disciplinary advice to clients."
