DISPUTES



With thirty partners and around a hundred dedicated litigators across the country, JSA has perhaps the widest and deepest commercial and regulatory disputes capacity in the field of complex multi-jurisdictional, multi-disciplinary dispute resolution.

Availing of the wide network of JSA offices, affiliates and associates in major cities across the country and abroad, the team is uniquely placed to handle work seamlessly both nationally and worldwide.

The Firm has a wide domestic and international client base with a mix of companies, international and national development agencies, governments and individuals, and acts and appears in diverse forums including regulatory authorities, tribunals, the High Courts, and the Supreme Court of India.

JSA has dedicated practice groups for disputes in the area of regulatory & policy disputes, telecommunications, securities law, taxation and competition law. The dispute resolution team collaborates closely with each of the practice groups, especially when matters escalate to the High Courts and the Supreme Court of India.

A unique distinguishing feature of the Firm is that its senior attorneys are regularly instructed to lead the litigation strategy and conduct proceedings themselves in high value and precedent-setting proceedings.

ARBITRATION, MEDIATION & OTHER FORMS OF ALTERNATE DISPUTE RESOLUTION

The Firm has immense experience in international as well as domestic arbitration. The Firm acts in numerous arbitration proceedings in diverse areas of infrastructure development, corporate disputes, and contracts in the area of construction and engineering, information technology, and domestic and cross-border investments.

The Firm has significant experience in national and international institutional arbitrations under numerous rules such as UNCITRAL, ICC, LCIA, SIAC and other specialist institutions. The Firm regularly advises and acts in international law disputes concerning, amongst others, Bilateral Investor Treaty (BIT) issues and proceedings.

CORPORATE COMMERCIAL

The Firm acts and advises on complex corporate commercial litigation, including multi-jurisdictional commercial and trade disputes, company law disputes, rendering assistance in proceedings before foreign courts such as the High Court of England & Wales, Sri Lankan courts and courts in the USA.

The Firm also has enormous experience in the enforcing of rights under shareholders’ agreement and initiating/defending proceedings concerning oppression of shareholder and mismanagement of company’s affairs. The Firm is actively involved in both thought leadership and acting in diverse proceedings relating to the recently introduced Insolvency and Bankruptcy Code.

BANKING & LITIGATION

The Firm represents numerous foreign and Indian banks and financial institutions in disputes before the Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal. It is also very active in advising and acting in proceedings under the recent Insolvency and Bankruptcy Code before the National Tribunals and courts.

WHITE COLLAR CRIMINAL INVESTIGATION

The firm has very considerable experience in the area of handling and defending investigations into criminal investigations and proceedings concerning corporate white collar crime. It regularly advises and acts in proceedings before the investigating authorities and the courts.

HEALTHCARE

The Firm acts for both original, generic and biosimilar pharmaceutical companies before regulators and courts on diverse issues concerning drugs and cosmetics, and proceedings arising from a variety of ancillary and related legislation relating to licencing, packaging, labelling, hazardous substances, weights and measures, and pesticides and insecticides.

CONSTRUCTION & ENGINEERING

The Firm regularly advises and acts for leading national and multi-national clients in disputes concerning complex construction projects relating to power (hydro,thermal and renewable), Oil & Gas (on-shore and off-shore), industrial plants, ports, pipelines, roadways and buildings.

CONSTITUTIONAL AND ADMINISTRATIVE

The Firm has acted in numerous complex writ challenges to administrative actions of public authorities, bodies and governments, including challenges to the constitutional validity of statutes and subordinate legislation.

ENVIRONMENT

The Firm advises and acts in proceedings, arising in relation to various environmental statutes, before the National Green Tribunal, High Court/s and Supreme Court of India.

FOOD SAFETY

The Firm has advised and acted for several leading global FMCG companies in relation to food laws and regulations before various High Courts and the Supreme Court of India.

INTERNATIONAL TRADE DEFENCE

The Firm has considerable expertise in international trade defence disputes and adjudication before anti-dumping, safeguard and customs authorities, the tribunal and the Supreme Court of India

REGULATORY & INFRASTRUCTURE

The Firm has acted in several prominent disputes in diverse infrastructure sectors such as ports, power, aviation, telecom, broadcasting, and oil & gas. It is recognised for its domain-focused specialised, full range regulatory practice, and is acknowledged for strengths in grappling with complex legal issues involving public policy, market economics, technology, finance, and project management. The Firm is regularly consulted by governments, regulators, development financial institutions, think-tanks, industry bodies, suppliers, lenders and investors.

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The practice has contributed to several landmark judgements and precedent-setting work in regulated industries on legislative and policy framework, commercial strategy, representation before diverse regulatory and judicial fora, advice on tariff, licensing, market development and de-regulation, merger control and issues of the abuse of dominance and anti-competitive agreements, and safety and performance regulation.

Last Updated on 25th January, 2019

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