PRACTICE AREAS

DISPUTE RESOLUTION AND LITIGATION

The team at Archeus Law has successfully represented a large number of domestic and international public and private sector clients in various international and domestic disputes, involving complex questions of construction and infrastructure laws, as well as commercial and contractual matters.

A representative (non-exhaustive) list of the works carried out by Archeus in this regard, is as under:

2.1 Domestic commercial disputes and litigations: An indicative list of some of the major domestic disputes and litigation handled by the team at Archeus includes:

INDICATIVE WORK PORTFOLIO

Successfully represented a large multinational EPC Contractor in a dispute, valued at around USD 1.25 billion, over the completion of a major power plant in India. The team at Archeus was instrumental in the client obtaining a favourable award for its claims.

Successfully represented a leading Indian industrial gas and power company, in an international commercial arbitration against an internationally-renowned supplier of renewable energy equipments, involving a claim of US $45 million. This matter was also awarded the “Deal of the Year” award by IBLJ.

Successfully represented a major concessionaire, developing a national highway in eastern India in an arbitration against a statutory highways body with claims of approximately INR 400 Crores.

Successfully represented a Concessionaire in a commercial arbitration against a statutory highways authority with respect to a national highway project, involving claims of approximately INR 75 crores.

Successfully represented a leading multinational power plant construction expert, in a domestic arbitration matter under the ICC Rules, against the developer of an oil refinery project, leading to the award of a significant claim in favour of the client.

Successfully represented a major domestic construction contractor in obtaining an interim award of approximately INR 90 crores, against a state department, with respect to a significant road project in North-East India.

Successfully represented a consortium of two major domestic contractors in an arbitration against a public-sector construction company, relating to the construction of a large rail-cum-road bridge, leading to an award of the client’s major claims.

Defended a state government undertaking in a commercial arbitration initiated by a Concessionaire with respect to a DBFOT road development project [on PPP model] in eastern India. The dispute involved claims by the counterparty of around INR 700 crores, of which, most major claims were rejected. The Client professed high satisfaction with the representation by Archeus Law.

Defended a state-owned bridge construction undertaking, in an arbitration with respect to the construction of a large bridge in eastern India, involving a claim of approximately INR 650 crores against the client. Most of the substantial claims of the Contractor were disallowed based on Archeus Law’s representation.

Presently representing a large power plant construction contractor in pursuing its dues in the insolvency proceedings against one of the most significant power projects in India. Archeus Law has provided innovative solutions to ensure that, apart from consideration of the client’s dues, the client also obtains a say in the restructuring of the project.

 

Successfully representing a global renewable energy trading company in prosecuting a major Indian renewable energy developer under the insolvency laws of the country. The outcome was satisfactory and favourable for the client.

Successfully defended and obtained discharges from proceedings, for a major international construction contractor, as well as a major global bank, in debt recovery proceedings initiated by one of the largest banks in India.

In a number of matters including the ones listed above, the team at Archeus Law was instrumental in successfully obtaining interim orders and/or defending the client’s interests in challenges to awards or defending the client from similar proceedings, before courts in India.

2.2 International commercial disputes: An indicative list of some of the major international commercial disputes handled by the team at Archeus includes:

Representing a leading Fortune 500 energy entity in an international commercial arbitration seated at Singapore against a major Indian power plant developer involving a claim of US $ 300 million before the Singapore International Arbitration Centre [SIAC]. Our team was instrumental in developing strategies and leading the clients before the Hon’ble High Court of Bombay in successfully obtaining injunctions against the invocation of the Performance Bank Guarantees and Advance Bank Guarantees amounting to approx. USD $ 225 Million approximately. The case eventually got settled in terms satisfactory to the client

Successfully representing a major Indian power contractor and supplier in a dispute governed under Swiss laws, against a major international company, in a Geneva-seated arbitration.

 

Successfully initiated arbitration on behalf of a major multinational energy company against a renowned Indian power producer, including obtaining interim relief for the client and assisting the client with a later settlement of all matters in terms generally favourable for it.

 

Assisted a global EPC contractor in a dispute against a project proponent in the People’s Republic of Bangladesh, for a major Combined Cycle Power Plant. Archeus rendered advisory services and backup assistance to local counsels in the dispute, which was settled thereafter.

Testimonials

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