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Education: |
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Year of Enrollment: |
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1979 |
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Background: |
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Trained in JB Dadachanji & Co and worked under Senior Partner, Mr. Dadachanji. |
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Set up own practice in 1983 and practiced as Junior Counsel. Later founded the firm. |
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Current Positions: |
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- Chair, Dispute Resolution, Inter Pacific Bar Association. (Former Vice- Chair, Environmental Law Committee).
- Member – IBA Arbitration Sub Committee on implementation and application of the New York Convention by National Courts and Legislatures.
- Panel of Arbitrators – Hong Kong International Arbitration Centre; Singapore Institute of Arbitrators and Indian Council of Arbitration.
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Professional Experience:
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I. |
Arbitration Experience:
Handled many arbitrations. Given below is an illustrative list:
[Illustrative list]:
- Represented a leading Indian Company against a US multinational for an action in damages on the ground of failure of technology for steel plant supplied by them. Claim amount about US$80 million. This was ultimately settled.
- Arbitration claim of US D 1.1 billion filed by an Indian power company against a US company. Represented the US company and had the matter settled.
- Handled arbitration on behalf of one of the US major shareholding company in the Dabhol Power Project (arising out of a sub-contract).
- Represented a US major Fertilizer company in several arbitration cases against Indian Government Companies (shipping claims).
- Handled over 18 arbitrations on behalf of an Engineering company established by the Government of India relating to housing construction projects in Kuwait.
- Handled several arbitrations in London including under the GAFTA Rules, ICC Rules and LCIA Rules for various clients.
- Handled several shipping / maritime law arbitrations under various arbitration rules.
- Currently handling enforcement of a foreign award rendered by the LCIA on behalf of a French Telecom Company for an amount of over US$25 million.
- Currently handling an arbitration on behalf of a Malaysian Construction Company arising out of a road construction matter where claim amounts exceed Rs. 178 Crores.
- Currently handling arbitration arising out of the first BOT road construction project in India, before a tribunal comprising of 3 retired Chief Justices of India (Claim Rs. 13 Crores).
- Experience as Arbitrator: Appointed as Sole Arbitrator in two arbitrations by the Honble High Court of Delhi (relating to construction and dealership agreements).
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II. |
Litigation Experience:
[Illustrative list]:
Handled landmark cases:
- Union Carbide Case -- this was one of the largest damages case ever in the world. The case was litigated for about 2 years in the United States -- right from the District Court to the Supreme Court of the USA and thereafter in India for many years. Worked directly under the team leader, Mr. F.S. Nariman.
- Oleum Gas leak case of Delhi (in 1985) on behalf of the Sri Ram Group of Companies. This involved over 5000 individual suits arising out of an industrial accident, which were ultimately settled by the Supreme Court. This was again a landmark case where the Supreme Court laid down very significant principles of environmental law and liability.
- Represented DLF (land development company) in several important matters including successfully resisting cancellation of licence for DLF Phase I (a housing colony spread over approximately 2000 acres). Also represented DLF in relation to its Bangalore Project (400 acre land development project).
- Handled an anti-trust matter on behalf of an European chemical major for a predatory pricing action.
- Handled a trade mark dispute for ITC in the High Court of Sikkim and Supreme Court.
- Handled a cross-border dispute on behalf of a major oil company in the Indian and Singapore Courts. Gave expert evidence in the Singapore Court of Appeal (highest Court of Singapore) on Indian law.
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Corporate Commercial Work:
[Illustrative list]:
- Involved in all documentation work for the Dabhol Power Project Phase II and LNG Project of Enron. Also advised Bechtel (the largest construction company in the world) as part of this project.
- Handling work for the Ford Foundation for the past many years in relation to several multi-million dollar loan agreements with Indian parties (micro financing).
- Advised a German major company in relation to two procurement projects viz Delhi Airport Express Metro Link Project and Electric Locomotive Factory at Madhepura.
- Advised and drafted contracts for two solar power companies for small solar power projects in the State of Gujarat and Maharsahtra.
- Handled the entire telecom work for the RPG Group. This included all legal documentation relating to basic licence, cellular licence, paging licence and other telecom ventures.
- Handled entire legal work in relation to the Venkatesh Coke and Power Project Plant near Chennai and drafted all agreements in relation to the project.
- Advised and drafted several EPC Contracts, JV Agreements, Technology Transfer Agreements, all types of contracts and commercial arrangements.
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Publications: |
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- Enforcement of Arbitration Awards in India; published by Asian International Arbitration Journal, (2008) Volume 4, Number 1, [Pages 64-82].
- The Indian Arbitration Law: Towards a New Jurisprudence; published by Sweet & Maxwell: The International Arbitration Law Review, (2007) Int A.L.R. 13.
- “Airport Projects in India: Cleared for take-off”; published by Construction Law International Journal Volume 3 Number 1 (March 2008).
- Arbitration Law of India – A Critical Analysis; published by Kluwer: Asia International Arbitrational Journal, Volume 1, Number 2, [Pages 105-126].
- Contributing to Annual India Country Reports on Legal Rights of Borrowers & Lenders for the World Bank since 2005.
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Member: |
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- Supreme Court Bar Association.
- International Bar Association.
- Inter Pacific Bar Association.
- LCIA.
- International Arbitration Club (U.K).
- Swiss Arbitration Association.
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List of Speaking Engagements of Mr. Sumeet Kachwaha - [2004 onwards] |
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- 2008: Speaker; IPBA Annual Conference at Los Angeles on Expediting Dispute Resolution in the Construction Industry.
- 2008: Speaker, ICC – KLRCA joint seminar at Kuala Lumpur on Arbitration Clause in International Arbitrations.
- 2008: Panelist in a Conference organised by KLRCA in conjunction with its 30th Anniversary at Kuala Lumpur on Survey of Court Attitudes in Developing Countries to Arbitrations.
- 2007: Speaker; ICC Commission Bi-Annual meeting in Singapore on Arbitration in India.
- 2007: Speaker; Asia Maritime Law Conference organized by the Maritime Law Association of Singapore on “Duty of Good Faith” in marine insurance.
- 2007: Speaker; Regional Arbitration Conference organised by the Malaysian Institute of Arbitrators at Kuala Lumpur on Evolving Judicial Attitudes to Arbitration.
- 2007: Speaker; IPBA Annual Conference at Beijing on Airport Privatisation in India.
- 2007: Moderator; IPBA Annual Conference at Beijing – Panel Discussion on Dispute Resolution in Beijing & London Olympics.
- 2006: Speaker in conference organized by Society of Construction Law at its international conference at Singapore on Dispute Resolution models in Indian Construction Industry.
- 2006: Speaker; IPBA Conference, Sydney on Independence and impartiality of experts in international arbitrations.
- 2006: Participated in a panel discussion in IPBA conference at Sydney, on ‘Pitfalls facing foreign litigants in the Asia Pacific Region’.
- 2006: Participated in a panel discussion in IPBA conference held at Sydney on ‘Construction and contractual issues in a offshore wind power project’.
- 2005: Panelist in Singapore International Arbitration – CIDC Joint Seminar on Standard Form Contracts in Infrastructure Contracts.
- 2005: Participated as “counsel” in Mock Arbitration under AAA Rules held at Bali as part of IPBA Annual Conference.
- 2005: Conducted a workshop on Infrastructure: Engineering and Building Contracts organized by ALB Singapore at New Delhi.
- 2004: Participated in a panel discussion in a Conference held in New Delhi, conducted by ICC Paris on Dispute Boards in the context of the new ICC Dispute Board Rules.
- 2004: Conducted a seminar for the Law Society of Singapore on "Dispute Management in India".
- 2004: Speaker; NOIDA Management Institute – “The issue of costs in International Arbitration and how to control costs in arbitrations”.
- 2004: Conducted Workshop in the ALB Legal Summit, New Delhi on “Strategizing Complex Litigation”.
- 2004: Panelist; Inter Pacific Bar Association, Seoul Conference – “Is International Arbitration broke, and if so how to fix it”.
- 2004: Conducted Workshop in the ALB Legal Summit, Singapore on “Outsourcing to India - Legal Aspects”.
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Email: skachwaha@kaplegal.com |
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