PRACTICE AREAS

DISPUTE RESOLUTION

Archeus Law has considerable experience advising and successfully acting for Indian and multi-national corporations in disputes arising in a number of substantive areas such as construction and infrastructure, energy, mining, insolvency and restructuring, trade, joint ventures, and mergers and acquisitions. Our team of attorneys draws upon its industry knowledge, expertise in law, and the skill and experience required to successfully represent clients and resolve disputes in a time-bound, efficient, and commercially sensible manner. We are adept at conducting trials and appellate work. We deploy persuasive and effective skills of oral and written advocacy and negotiation to leverage our clients’ strengths and maximise their prospects of success.

Drawing upon our experience, we are able to develop a customised strategy that places our clients’ commercial and larger interests front and centre.

Our attorneys appear before all judicial forums in India, as well as before all statutory and regulatory tribunals. In arbitration, we appear in ad hoc and institutional arbitrations seated in and outside India governed by a wide variety of procedural rules and curial laws. When required, our lawyers work closely with engineers, delay and disruption experts, quantum experts, and other experts.

INDICATIVE CREDENTIALS

Successfully represented a Concessionaire in a commercial arbitration against a statutory highways authority with respect to a project involving the rehabilitation and upgrading of an existing intermediate lane with paved shoulder of national highway, involving claims of approximately INR 75 crores. Successfully obtained an Injunction against invocation of the BGs and subsequently an Award awarding the clients substantial claims in their favour.

Defended a state government undertaking in a commercial arbitration initiated by a Concessionaire with respect to a DBFOT road development project [on PPP model] in eastern India. The dispute involved claims of around INR 700 Crores. The outcome of the dispute was highly satisfactory for the Client since most major claims of the Concessionaire were rejected.

Presently representing the interests of a number of multinational clients with respect to their claims, in one of the biggest ongoing insolvency proceedings against a major infrastructure development conglomerate.

Successfully represented a state government undertaking, in defending a commercial arbitration against the Concessionaire with respect to the construction of a bridge in eastern India, involving a claim of approximately INR approx. INR 650 Crores against the client. Substantial claims of the Contractor were rejected by the arbitral tribunal.

Represented a leading PRC entity [a subsidiary of a Fortune 500 Energy entity] in an international commercial arbitration seated at Singapore against a major Indian power plant developer involving a claim of US $ 300 million before the Singapore International Arbitration Centre [SIAC]. Our team was instrumental in developing strategies and leading the clients before the Hon’ble High Court of Bombay in successfully obtaining injunctions against the invocation of the Performance Bank Guarantees and Advance Bank Guarantees amounting to approx. USD $ 225 Million approximately. The case eventually got settled in terms satisfactory to the client.

Successfully represented a leading PRC infrastructure company, in an international commercial arbitration against a major Indian power plant developer, involving a claim of US $ 1.25 billion. The complicated dispute involves substantial questions pertaining to construction laws, contract laws with respect to interpretations of highly technical EPC Contracts and the law of damages, as well as environmental law procedures in India.

Presently representing a large PRC power plant construction company in pursuing its dues in the insolvency proceedings against one of the most significant power projects in India. Archeus Law has provided innovative solutions to ensure that, apart from consideration of the client’s dues, the client also obtains a say in the restructuring of the project.

Successfully represented a leading private company, one of the largest producers of refrigerant gases in India, in an international commercial arbitration involving a claim of US $ 45 million. The award was pronounced in favour of the clients. This matter was also awarded the “Deal of the Year” award by IBLJ.

Represented a leading PRC infrastructure company, in an international commercial arbitration seated at Singapore against a major Indian power plant developer with respect to a power project in the state of Punjab, India, involving a claim of over US $ 600 million. The matter got settled in terms satisfactory to the clients, eventually. In the same matter, at the initial stages of the dispute, we also successfully obtained an injunction against the invocation of the PBGs and ABGs by the developer amounting to US$ 185 Million from the High Court of Punjab and Haryana under the amended provisions of Arbitration and Conciliation Act 2015.

Successfully represented a global renewable energy trading company in prosecuting a major Indian renewable energy developer under the insolvency laws of the country. The outcome was satisfactory and favourable for the client.

 

Represented a leading private joint venture company (between a state government and a major public limited company, engaged in national highways development, in relation to disputes arisen with a sub-contractor under two highway Projects in a state in western India.

Represented a leading PRC power plant construction expert, in an ICC arbitration matter against the developer of an oil refinery project, with respect to which the client was executing the EPC Contract works, leading to a significant claim in favour of the clients.

Successfully represented a Concessionaire company developing a national highway in eastern India in an arbitration against a statutory highways body with claims of approximately INR 400 Crores.

Representing a Concessionaire company developing a national highway in a state in northeastern India, with claims of approximately INR 400 Crores, out of which, a significant part of the award has already been awarded to the client.

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