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GAR 100 - 12th Edition

Kachwaha & Partners

05 April 2019

The small Indian firm has represented Slaughter and May in the Indian courts; its founder was appointed amicus curiae in court proceedings relating to Vodafone’s BIT claims against India

People in Who's Who Legal 1
Pending cases as counsel 5
Value of pending counsel work US$2.5 billion
Treaty cases 0
Third-party funded cases 0

Founded in 2002, Kachwaha & Partners is a five-partner full-service outfit with offices in Mumbai and New Delhi, where its international arbitration practice is based.

Headed by founder Sumeet Kachwaha, the practice includes partners Dharmendra Rautray and Ashok Sagar.

Kachwaha serves as vice president of the Asia Pacific Regional Arbitration Group and as a member of the advisory board of the Asian International Arbitration Centre (formerly the KLRCA), where he is on the panel of arbitrators.

He is also on the panels of the HKIAC, CEITAC and SIAC and has been appointed as sole arbitrator by the Delhi High Court’s International Arbitration Centre in five cases.

Who uses it?

Major clients include India’s Aditya Birla Group and Japan’s J-Power. The firm has acted for Sharma Fabricators in a London-seated ICC case against an Abu Dhabi company; Anglo American Metallurgical Coal against an Indian public sector company in a US$80 million dispute; and Tanroads, a Tanzanian government enterprise, in a Tanzania-seated UNCITRAL claim against Indian contractors.

Kachwaha has also represented magic circle firm Slaughter and May in the high profile case concerning the entry of foreign law firms in India. Slaughter and May were one of the named respondents in the case and were represented by the Indian firm in the High Court of Madras as well as in the Supreme Court of India.

Track record

In 2016, the firm helped a Qatari government-owned company win a US$197 million award and successfully defended the award in the Delhi High Court.

It also obtained a US$12 million award in a construction matter relating to the 2010 Delhi Commonwealth Games that was upheld in the courts.

An earlier victory saw Kachwaha win a US$106 million award in an ICC dispute between an Australian company and an Indian public sector undertaking in 2015, which has now been upheld in the courts.

Recent events

Current work includes a US$65 million SIAC arbitration between British and Middle Eastern parties, and a number of construction arbitrations worth nearly US$2 billion.

In relation to the high profile Vodafone v India investment treaty claims, Sumeet Kachwaha was called to assist the High Court of Delhi as amicus curiae in relation to India’s request for an injunction to prevent one of Vodafone’s claims.  In a decision last year, the court rejected India’s request and allowed the claim to go ahead. 

The firm is involved in enforcement proceedings for ICC and LCIA awards where the cumulative stakes exceed US$300 million.

Kachwaha succeeded before the Delhi High Court in an appeal to challenge an interim award in a road construction matter in relation to payment of a concession fee.  It also had success in a domestic arbitration against a state-owned refinery relating to disputes arising under the contract for setting up a diesel hydro treatment project in the state of Assam.

The firm is committed to furthering arbitration scholarship in India and runs a competition to write articles relating to the field. It also acts as the regional organiser and sponsor of the South Asia rounds for the FDI International Arbitration moot.

Insight

Reviews

Regional analysis from arbitrators around the globe, focussing on key developments in specific industry areas and jurisdictions.

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The Middle Eastern and African Arbitration Review 2019

Highlights

CRCICA Overview

Ismail Selim and Dalia Hussein

The Cairo Regional Centre for International Commercial Arbitration (CRCICA)

DIFC-LCIA Arbitration Overview

Alec Emmerson

DIFC Arbitration Institute (DAI)

Robert Stephen, Matthew Harley and Katy Hacking

DIFC-LCIA Arbitration Centre