Shanaya Cyrus Irani

Shanaya Cyrus Irani, Principal Associate, JSA

Shanaya is part of the Disputes practice of the firm. She focuses on dispute resolution and handles Indian & international arbitration. She has acted for several international as well as Indian clients in many arbitrations, as well as diverse litigation proceedings.

She regularly acts in arbitration proceedings and related court proceedings, in writ petitions, appeals, company proceedings and commercial suits. She also regularly appears before arbitral tribunals, the Bombay High Court, the City Civil Court, Mumbai and the National Company Law Tribunal, Mumbai.

Shanaya has represented a European investor in India in a bilateral investment treaty dispute. She regularly advises and represents global automobile manufacturers in various proceedings including before the Consumer Forums. Shanaya has advised and appeared before the Constitution Bench of the Supreme Court of India in relation to the validity of the ‘Group of Companies’ Doctrine in the Indian arbitration context. She has also advised and appeared on behalf of a global ERP software company before the Bombay High Court, Supreme Court, National Company Law Tribunal and in arbitration proceedings arising out of a software services agreement. Shanaya has advised various financial institutions on assessment of tenability of claims and counterclaims in arbitration proceedings for debt restructuring of entities.

 

Memberships

  • Bar Council of Maharashtra & Goa
  • Bombay Bar Association
  • Young MCIA

 

Publications

  • Recent Trends in Most Favoured Nation Clauses in International Investment Agreements
  • Seat and Venue – the law, the problem, a solution (Read More)
  • IP Disputes in India-Arbitrable or not? (Read More)
  • India: An Interplay Between MSME-D Act And Arbitration Act (Read More)
  • India: Costs Regime In Civil Litigation In India – A Paper Tiger (Read More)

 

Education

  • B.A. (Political Science), St. Xavier’s College, Mumbai
  • LL.B., Government Law College, Mumbai

 

Languages

  • English
  • Hindi

Shanaya has been practicing law since 2013 and has been with JSA since her qualification as a lawyer. Some of the key assignments handled by Shanaya amongst others, cover the following:

  • Advising and appearing on behalf of a global French shipping company in a Bilateral Investment Treaty Arbitration under the UNCITRAL rules in London for loss of its investment in a cargo handling project in India.
  • Advising and appearing before the Constitution Bench of the Supreme Court of India in relation to the validity of the ‘Group of Companies’ Doctrine in the Indian arbitration context.
  • Advising and appearing on behalf of foreign directors and authorised signatory of an Indian JV entity in defending contempt proceedings before the Bombay High Court.
  • Advising and appearing on behalf of a global ERP software company headquartered in Germany before the Bombay High Court, Supreme Court, National Company Law Tribunal and in arbitration proceedings arising out a software services agreement with a renowned travel operator.
  • Advising and appearing on behalf of a multinational cybersecurity and antivirus provider in Section 9 proceedings before the Bombay High Court.
  • Advising and appearing on behalf of Debenture Trustees in writ proceedings challenging the Competition Commission of India’s jurisdiction to investigate the cartelization allegations.
  • Advising and appearing on behalf of an Indian entity of a German automobile manufacturer in respect of disputes against its authorised dealer before a sole arbitrator in Mumbai.
  • Advising and appearing on behalf of an international pharmaceutical company in a property dispute with a vendor before a sole arbitrator in Mumbai.
  • Advising and appearing on behalf of terminal operator against a port trust in respect of a cargo handling project in India before an arbitral tribunal in Delhi.
  • Advising and appearing on behalf of an Indian equipment service provider in proceedings before the City Civil Court, Mumbai.
  • Advising and appearing on behalf of a company engaged in hospitality industry in several suits filed before the Bombay High Court (Goa bench) and the Supreme Court of India.
  • Advising and appearing on behalf of an Italian automobile manufacturer in respect of a consumer dispute before the National Consumer Disputes Redressal Commission.
  • Advising and appearing on behalf of a terminal operator in the port sector in a writ petition before the Bombay High Court challenging the jurisdiction of the Competition Commission of India to adjudicate upon a complaint of a competitor terminal operator.
  • Advising and appearing on behalf of a telecom provider in a writ petition before the Bombay High Court challenging the levies imposed by municipal corporations on its cell towers.
  • Advising and appearing on behalf of a renowned law university in India in a writ petition before the Bombay High Court.
  • Advising and appearing on behalf of an Indian film production and distribution company in a copyright infringement suit before the Bombay High Court.
  • Advising South Korean manufacturer and supplier of gas insulated switchgears in relation to claims for damages for delays in contract.
  • Advising a German automotive major in relation to its arbitration clause and other material clauses of a contract.
  • Advising financial institutions on assessment of arbitration claims and counterclaims for debt restructuring of entities.

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