Anjali Anchayil

Anjali specialises in commercial arbitrations, litigation and complex corporate insolvencies. She handles a wide variety of matters before the Supreme Court of India, various High Courts, the National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal and arbitral tribunals.

Anjali has advised clients on several high value arbitrations governed by Indian law and English law, involving shareholder and joint venture disputes, and disputes in the construction, shipping, and oil and gas sectors. She has also represented clients in arbitration-related court proceedings.

In 2017, Anjali assisted the High Level Committee constituted by the Government of India under the chairmanship of Justice B. N. Srikrishna in the preparation of their report on the institutionalisation of arbitration in India. The 2019 amendments to the Arbitration and Conciliation Act, 1996 are based on the recommendations made in the report.

Apart from arbitrations, she has acted for clients in insolvency proceedings concerning some of the largest NPA accounts such as Bhushan Steel Limited and Bhushan Power and Steel Limited. Anjali also advises clients on a range of regulatory issues and litigation strategy.

Anjali assisted the Bankruptcy Law Reforms Committee in the drafting of the Insolvency and Bankruptcy Code, 2016. Subsequently, she assisted the Ministries of Finance and Corporate Affairs, Government of India and the Insolvency and Bankruptcy Board of India in the drafting of related secondary legislation, including the drafting of cross-border insolvency legislation.

She currently serves as a member of the Young MCIA Steering Committee and has taught a course on “Contractual Damages – Legal Concepts & Practical Application” at the National Law University, Delhi.

Prior to joining JSA, Anjali worked with Luthra & Luthra Law Offices India, Delhi and Clifford Chance LLP in their London, Hong Kong and Frankfurt offices. She is qualified to practice law in India and in England and Wales.

Anjali holds a B.A., LL.B (Hons.) degree from the National Law School of India University, Bangalore and an LL.M degree from the University of Cambridge.

 

Memberships

  • Bar Council of Delhi
  • The Law Society of England and Wales
  • The Oxford and Cambridge Society of India

 

Publications

  • The 2023 SIAC Draft Rules: Raising the Bar for Efficiency, Kluwer Arbitration Blog (October 2023) (co-authored with Aiman Singh Kler)
  • Keeping a Distance: India’s Approach towards Investment Treaties, Kluwer Arbitration Blog (October 2022) (co-authored with Ashutosh Kumar)
  • Indian High Courts’ Supervisory Jurisdiction over Arbitral Tribunals’ Orders: A Damocles’ Sword, Kluwer Arbitration Blog (March 2022) (co-authored with Tamoghna Goswami)
  • In Word and Deed? The Indian Supreme Court’s Approach to Scrutiny of Awards, Kluwer Arbitration Blog (November 2021) (co-authored with Tamoghna Goswami and Pratik Joshi)
  • Two’s Company, Three’s A Crowd: Revisiting the Group of Companies Doctrine, Kluwer Arbitration Blog (June 2021) (co-authored with Tamoghna Goswami)
  • Anti-arbitration Injunctions: Delhi High Court Says Nay, Kluwer Arbitration Blog, May 17, 2020 (co-authored with Tamoghna Goswami)
  • Choice of Seat or Venue: Supreme Court of India Dithers, Kluwer Arbitration Blog, May 13, 2020 (co-authored with Ashutosh Kumar)
  • Getting a move on: Is it time for pre-packaged insolvency in India?, Economic Times, May 16, 2020 (co-authored with Dheeraj Nair)

 

Education

  • B.A., LL.B (Hons.), National Law School of India University, Bangalore (2013)
  • LLM, University of Cambridge (2014)

 

Languages

  • English
  • Malayalam
  • Hindi
  • German (basic)
  • French (basic)

Some of the key assignments handled by Anjali include:

  • representing a Maharatna oil company in ad-hoc arbitration proceedings against a leading oil and gas producer concerning disputes pertaining to the supply of contaminated crude oil;
  • successfully represented PepsiCo India before the Delhi High Court in setting aside the revocation of its registration under Indian plant variety protection legislation for its potato variety (used for the manufacture of Lay’s potato chips);
  • successfully represented InterGlobe Enterprises and Mr. Rahul Bhatia, the promoters of India’s largest airline (IndiGo) in an LCIA (India) arbitration, arising out of highly publicised shareholder disputes with the other promoter group;
  • successfully represented a Japanese company manufacturing industrial and medical gases in oppression/ mismanagement proceedings filed by its Indian joint venture partner, and in SIAC arbitration and SIMC mediation proceedings;
  • represented a leading international alternative investment fund in the MSME sector in ad hoc arbitration proceedings concerning the enforcement of a cross-undertaking for damages given in relation to disputes under a share purchase agreement and in related court proceedings;
  • advised a leading multinational logistics company head-quartered in France in relation to proposed actions relevant to their existing joint venture in India;
  • successfully advised a large private equity firm that had invested in an Indian port operations and marine services company in obtaining a favourable exit;
  • represented a major public sector bank in writ proceedings before the Delhi High Court initiated by its borrowers (Reliance group companies) challenging the constitutionality of the Reserve Bank of India’s Master Directions on classification and reporting of frauds by banks and financial institutions;
  • represented a public sector IT development company (of the Gujarat Government) in a batch of special leave petitions before the Supreme Court of India pertaining to the arbitrability of leasehold disputes, obtaining the landmark judgment in Vidya Drolia v. Durga Trading Corporation; and
  • successfully represented a major housing finance company before the Supreme Court of India in a constitutional challenge to the provisions of the Insolvency and Bankruptcy Code, 2016 pertaining to personal guarantors.

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