DISPUTE
RESOLUTION
We deploy our specialised team and leverage their strengths to resolve disputes in a time-bound, efficient and commercially sensible manner.
representative experiences
- Successfully represented a Concessionaire company developing a national highway, in a commercial arbitration against National Highways Authority of India with respect to the project involving rehabilitation and upgrading of existing intermediate lane with paved shoulder of Forbesganj – Jogbani sections from km 0.000 to km 9.258 on National Highway No. 57A in the State of Bihar under NHDP III on Design, Build, Finance, Operate, Transfer Annuity basis, 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 its favour.
- Successfully represented a state government undertaking in defending a commercial arbitration initiated by the Concessionaire with respect to a DBFOT road development project [on PPP model] in the state of Bihar, India for construction, operation and maintenance of National Highway No. 30 including section from km 0.000 to km. 116.760 on the Mohania-Ara section of National Highway No. 30 in the State of Bihar by Four Laning (“Project”) involving claims of around INR 700 Crores. In the same dispute represented the client before the Hon’ble Patna High Court and secured favourable orders in LPAs and thereafter successfully defended the client in an appeal before the Hon’ble Supreme Court of India filed by the opposite party. All claims of the Concessionaire were rejected by the arbitral tribunal.
- Successfully represented a state government undertaking, in defending a commercial arbitration against the Concessionaire with respect to construction of 4 Lane (7.5m wide carriageway each with footpath) 4000 mtrs long HL Bridge along with 17 kms long Approach road & 5 Kms long Guide Bundh across River Ganga connecting NH-30 (Arrah) & NH-19 (Chapra) via Babura-Dorigunj in the Districts of Bhojpur and Saran of Bihar”a infrastructure project in the state of Bihar, involving a claim of approximately INR approx. INR 650 Crores against the client. Substantial claims of the Contractor rejected by the arbitral tribunal.
- Represented a leading Chinese state owned entity [subsidiary of the Fortune 500 Energy major 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.. US $ 225 Million by the Developer. Matter eventually got settled in favour of the Clients and a Consent Award was passed by the Arbitral Tribunal.
- Successfully represented a leading Chinese state owned 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.
- Successfully represented a leading private company, one of the largest producer of refrigerant gases in India, in an international commercial arbitration involving a claim of US $ 45 million. Award pronounced in favour of the clients. This matter was also awarded the “Deal of the Year” award by IBLJ.
- Represented a leading Chinese state owned 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. Matter got settled in favour of the clients before the constitution of the arbitral tribunal. 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.
- Representing a leading Chinese state owned infrastructure company, in an international commercial arbitration relating to a dispute with sub-contractor in relation to installation works for BTG area with respect to a power project in the state of Punjab, India.
- Represented a leading Chinese state owned infrastructure company, in an arbitration in relation to a dispute with the sub-contractor in relation to the construction of water reservoir with respect to power project in the state of Odisha, India involving a claim of US $ 1.3 million.
- Represented a leading Chinese state owned infrastructure company, on issues arising out of the EPC Contract entered with a major Indian power plant developer undertaking a development of a major thermal power project in the state of Chhattisgarh. Our team represented the client before various legal forums including the Supreme Court of India; High Court of Chhattisgarh and before the Judicial Commission with respect to litigations under the main EPC Contract and the sub-contracts including the litigation which arose out of the industrial accident relating to the collapse of a chimney at the project site.
- 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 2 Highways Projects in the state of Rajasthan.
- Represented a leading Chinese power plant construction expert, in an ICC arbitration matter against the developer of an oil refinery project, with respect to the client was executing the EPC Contract works.
- Representing the Concessionaire company developing a national highway in the country, in an ongoing arbitration against National Highway Authority of India over the disputes which have arisen from a Concession Agreement on two-laning of a stretch of road on National Highway – 77 between the districts of Sonbarsa and Muzaffarpur in the state of Bihar, with claims of approximately INR 400 Crores. Our team is also representing the client in the related petitions under the Arbitration and Conciliation Act, 1996 before the Courts. The nature of the claims includes prolongation, loss of profit, loss of interest due to delayed payments and additional costs incurred on account of Change in Law.
- Representing the Concessionaire company developing a national highway in the country, in an ongoing arbitration against the Public Works Department (National Highway) – Shillong over the disputes which have arisen from the Contract for two-laning of the Shillong – Nongstoin section of National Highway-44E and Nongstoin – Rongjeng – Tura Road in the state of Meghalaya, with claims of approximately INR 400 Crores.
Our Practices
We draw upon collective knowledge to provide tailored advise on each client transaction.
We are a trusted partner for resolving disputes between sophisticated businesses.
The team at Archeus is well versed in effectively managing contracts and mitigating risks.
Our multidisciplinary team has experience across all aspects of the mining & exploration sector.
Our Partners
ranjit prakash
Chief Executive Partner
arun mani
Partner
Anshuman pande
Partner
Rajdeep Choudhury
Partner
Contact Us
Get In Touch
-
Delhi
Archeus Law, 921-923, 9th Floor, DLF Tower B, Jasola, New Delhi -110025 -
Bangalore
Archeus Law, 103, Raheja Paramount, 138, Residency Road, Bengaluru - 560025 - +91 11 49049736
- mail@archeuslaw.com
- archeus/linkedIn
- Get Direction