Amar Gupta

Amar Gupta

Amar is amongst the founding members of JSA’s Disputes Practice. He has extensive experience in commercial litigation, arbitration and regularly argues at various fora. He advises and represents key clients and has conducted high profile litigations before the Supreme Court of India, High Courts, National Company Law Tribunals (formerly Company Law Board) of various States, and other Tribunals. Several of the legal proceedings Amar has acted and appeared in, have resulted in landmark judgments reported in reputed journals. Amar is often invited as an expert in his areas of practice in seminars and conferences.

He also has extensive experience in the conduct of both domestic and international commercial arbitration and is a member of the ICC Commission on Arbitration and ADR, and the Executive Committee of ICC India.

Amar is also focusing on recently introduced Insolvency Law. He has represented and advised Financial Creditors, Operational Creditors as well as Resolution Professionals.

Amar also has expertise in Environmental Law and has conducted proceedings before National Green Tribunal and its Benches on behalf of the industries.
Chambers and Partners has constantly ranked Amar has one of the finest litigation lawyers. They have also mentioned that “Amar Gupta is noted for his strong expertise in civil and corporate commercial litigations. He is also adept at representing clients in arbitrated disputes arising in a range of areas, including joint venture agreement, trade and infrastructure project spheres.”

 

Memberships

  • Bar Council of Delhi
  • Indian Council of Arbitration
  • ICC Commission on Arbitration
  • Executive Committee of ICC India

 

Publications

  • Allow Internet the same constitutional rights as print media” published in Fortune India, Feb-20
  • International Arbitration – Trends and Developments (India)” published in Chambers Global Practice Guides – International Arbitration, 13 September 2017

 

Education

  • B.A. (Honours) Economics University of Delhi (1987)
  • LL. B., University of Delhi (1991)

 

Languages

  • English
  • Hindi

Some of the key assignments in these areas handled and being handled by Amar, amongst others, cover the following:

  • Extensively advised and represented clients in matters under Sections 433, 434, 439 of the Companies Act, 1956 (matters related to winding up of companies).
  • Extensively advised and represented clients in matters under Sections 397, 398 of the Companies Act, 1956 (matters related to Oppression and Mismanagement of Companies).
  • Extensively advised and represented clients in matters under Sections 393 and 394 of the Companies Act, 1956 (matters related to schemes of compromise and arrangements with creditors and members).
  • Extensively appeared on behalf of clients at the Board of Industrial and Financial Reconstruction (BIFR) and the National Green Tribunal (NGT).
  • Conducted /conducting court proceedings for restructuring through court sanctioned Scheme of Arrangement for Bharti Group, Flex Group of Companies, Fidelity Business Services India Private Limited and other corporate groups and companies.
  • Defended a public sector undertaking in proceedings brought by co-promoter on the ground of “mismanagement and oppression” before the Company Law Board, Calcutta High Court and the Supreme Court of India.
  • Advice on issues relating to interpretation of Joint Venture and Construction Contract to Foundation Company of Canada Limited (now “Aecon Construction Group Inc.”) in relation to major hydro power project; and also conducted/conducting arbitration for enforcing claim for extension of time, refund of money retained on account of price discount etc. for JV Company in the same project.
  • Arbitral claims arising from Drilling Agreements concerning both on-shore and off-shore drilling operation on behalf of Hitech Drilling Services India Limited (it has since been acquired by Aban Lloyd Group).
  • Represented key faction in inter se disputes of large business houses (Pure Drinks Group, Modi Group and others).
  • Represented a group of foreign investors in court proceeding for enforcement of their contractual rights against a telecom company.
  • Represented a key telecom company in court proceeding for hostile acquisition of a regional cellular operator.
  • Represented and advised PepsiCo India in contentious issues in relation to business arrangements /contracts.
  • Represented Canon India Private Limited and PepsiCo India in pursuing successful constitutional challenge to decisions of Indirect Tax Tribunals.