Dispute Resolution

Dispute Resolution is one of the cornerstones of MVKini’s practice. The firm specialises not only in the traditional avenues of dispute resolution like litigation but also at alternate methods such as arbitration, mediation and negotiation. The firm has been proactive in adapting to emerging trends in alternate dispute resolution. It is actively engaged in arbitrations in commercial and contractual issues across various sectors of the industry, including, roads, airports, electricity, etc.

MVKini has an extensive practice in arbitration related litigation. With a dedicated team of 15 advocates at the Delhi branch, the firm has the expertise, experience and capacity to provide a complete range of professional services. The firm has experience in everything from invocation of arbitration to defending and challenging the arbitral awards in courts.

Our clientele consists of players from both the public and private sectors. This add variety to the firm’s experience and gives it a unique edge. Below is a brief overview of the nature of work and assignments handled by MVKini:

The firm is the standing counsel for various public sector undertakings at the Supreme Court of India and various High Courts. MVKini is also a panel advocate for numerous multinational corporations, statutory bodies etc.

MVKini has represented the National Highways Authority of India and other public bodies in dispute resolution cases relating to infrastructure projects. The firm has handled matters relating to EPC contracts based on FIDIC as well as Concession Agreements based on the PPP model.

The firm’s offices in Delhi and Mumbai are currently handling more than 80 live arbitration cases involving multiple disputes with claim amounts in most of these cases exceeding Rs 1bn.

The firm has represented the Dedicated Freight Corridor Corporation of India (DFCCIL) in the multi-billion rupee arbitration dispute in a case involving a project for the General Consultancy of Eastern Dedicated Freight Corridor.

The firm represents Maharashtra State Power Generation Company and Brihanmumbai Electric Supply and Transport in arbitration matters pertaining to electricity disputes.

MVKini’s practice also extends to the aviation and shipping industry. The firm is involved in arbitration cases relating to the construction of Alcock Yard at Mazagon Dock and the construction and operation of various airports across the country.

The firm is currently representing Air India Ltd. in mediation proceedings relating to the Supreme Court’s instructions to adjudicate the quantum/heads of arrears payable by Air India Ltd. to the concerned employees.

MVKini approached the High Court on behalf of a reputed contractor for appointment of an arbitrator for adjudication of disputes arising out of a contract for construction of a hydro power project. The firm is representing the client before the arbitrator appointed by the High Court.

The firm is also representing the National Highways Authority of India in front of the Delhi High Court in proceedings initiated by the respective concessionaires seeking interim relief under the Arbitration and Conciliation Act of 1996 in projects relating to the Delhi-Gurgaon Expressway and Jullundur-Panipat stretch of the national highway.


Key People
S.D. Shetty, Sumit Gupta, Tavinder Sidhu and V. Ramaswamy.





S.D. Shetty
Partner

The law firm that S.D. Shetty joined fresh out of law school at Mumbai University in 1987 is virtually unrecognisable to him today. From the tens of clients that the firm had back then, the MVKini of today represents thousands of clients, both in the public and private sector, in several different practice areas across the country.

The partner at the firm has been with MVkini his entire career as a litigation lawyer and specialises in property law, arbitration and documentation relating to agreements, company schemes and property matters. He is also an expert in litigation work in service matters relating to articles 226, 227.

S.D. Shetty has been instrumental in some of the firm’s high profile cases relating to property law. He represented the International Airports Authority of India (IAAI) to help prove their ownership of Mumbai’s Chhatrapati International Airport. The long-running case went from the lower court all the way to the Supreme Court. The decision was given in his client’s favour proving ownership of the property valued at over Rs10bn.

His other landmark cases involved the resolution of the service matter case between the Maharashtra State Electricity Distribution Company and concerned its 12,000 employees. The favourable decision taken in favour of S.D. Shetty’s client in the high court was upheld in the country’s Supreme Court. Whether it is cases relating to infrastructure law relating to highways, airports or family property disputes, his diverse experience in criminal proceedings including in service and property cases of all kinds has served MVKini well.

S.D. Shetty feels that MVKini’s impressive track record over last 10-12 years and its growth to include a new tax department and documentation section will help it cater to the various needs of different organisations. “Our expanding portfolio makes us a one stop shop for clients like multinational companies who can have all their legal needs met once they walk through our door,” S.D. Shetty said.

Practice Areas
Dispute Resolution
Litigation


Contact details
Mumbai office
sd.shetty@mvkini
+91 22 2281 5883


SUMIT GUPTA
Partner

Sumit is the lead partner at the Delhi office with over 13 years experience in major practice areas of MVKini. He has extensive experience in advising clients on general corporate commercial transactions, service and arbitration matters and supervising related litigation at various forums and levels of the Indian court system.



Sumit advises government and private sector organizations on issues relating to service and labour laws apart from other regulatory issues.

Sumit has led several corporate commercial transactions as well as high stake litigation matters involving interpretation of statutes, commercial contracts and tender documents.

He has also advised government bodies in finalisation of model agreements for use in the highway sector.

Over the years, Sumit has advised government and private sector clients in the infrastructure sector. He specialises in the highways, roads, power, railways and aviation sectors. He has been advising clients on issues regarding tenders and contracts. He is also an expert in matters related to concession, EPC and consultancy services agreements. With his experience in the infrastructure sector, he continues to provide advice to the Indian government as well as private entities.

Practice Areas
Dispute Resolution
Litigation
Industry & Labour


Contact details
New Delhi office
sumitgupta@mvkini.com
+91 11 2437 1038


Tavinder Sidhu
Partner

Tavinder is an advocate with the Supreme Court of India. He is qualified to practice as a solicitor in the Senior Courts of England and Wales. Tavinder has active trial experience in mercantile, property, succession and criminal matters. He represents clients on issues relating to government contracts, tender laws and labour & employment related matters.

Tavinder’s expertise extends to arbitration appeals before various courts. He represents clients before arbitral tribunals relating to major infrastructure contracts on both item-rate and Build Operate Transfer bases.






Practice Areas
Dispute Resolution
Litigation
Industry & Labour


Contact details
Delhi office
sidhu@mvkini.com
+91 11 2437 1038


JUNAID AKHTAR
Senior Associate

Junaid started his career in law as central government counsel in Delhi’s High Court where he represented the government of India. Since then he has gained a wealth of arbitration experience both before the court and arbitral tribunals in the context of major infrastructure contracts for projects on item-rate and Build Operate Transport basis. He is an expert in contracts based on FIDIC conditions of consultancy services contracts.

Junaid’s breadth of experience regarding domestic & international arbitration and alternative dispute resolution means he advises numerous private and government clients alike.







Practice Areas
Dispute Resolution


Contact details
Delhi office
junaid@mvkini.com
+91 11 2437 1038


V. Ramaswamy
Senior Advisor

In legal practice since 1997, this Madras Law College graduate also has a post-graduate diploma in company law, banking and insurance law.

In a career spanning 27 years, he has worked in the public and private sector, providing specialised commercial-legal services. He has worked in the legal department for large-sized fertilizer, chemical, boiler, cement and sugar plants. His work included drafting, vetting, negotiation and finalisation of contracts with overseas and Indian parties for joint venture arrangements and transfer of technology, expertise, basic and detailed engineering, procurement of equipment/supplies, inspection and expediting services. Apart from providing contract management services at post-contract stage covering drafting, negotiation and finalisation of agreements with sub-contractors, collaborators and vendors, he also has experience working with construction and project management. He provides in-house legal advice, makes claims, issues notices and demands and takes care of legal correspondences.

Ramaswamy devises strategies and prosecution of claims and disputes through courts arbitral tribunals, appointment and briefing of counsels as well as control and co-ordination thereafter.

He provides legal counsel and provides specialised client services - advice on legal strategy, legal opinion, drafting and vetting of statement of claims, replies and counter statements, counter claims, rejoinders and sur-rejoinders. He makes affidavits, statements and submissions and applications under sections 8, 9, 11, 12, 14, 16, 17, 33, 34 and 37 of the Arbitration and Conciliation Act. He acts as the arguing counsel before arbitral tribunals representing clients in high profile disputes relating to big infrastructure projects all over India.

Practice Areas
Dispute Resolution
Litigation


Contact details
New Delhi office
vramaswamy@mvkini.com
+91 11 2437 1038