Dispute Resolution

Dispute Resolution is one of the cornerstones of the Firm' s practice. The Firm specialises not only in the traditional avenues of dispute resolution like litigation in diverse forums including the Supreme Court of India, High Courts, Appellate Tribunal for Electricity, National Consumer Redressal Commission, National Green Tribunal & others, providing strategic advice & opinions; drafting pleadings, appearing and conducting matters - both at original and appellate stages, involving disputes arising from commercial contracts of various sectors including building and construction law related legal issues, but also at alternate methods such as arbitration, mediation and conciliation. 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, highways, aviation, shipping, land acquisition, labour, environment, power , etc.

MVKini has an extensive practice in arbitration related litigation. With a dedicated team of Advocates, the Firm has the expertise, experience and capacity to provide a complete range of professional services. The Firm has experience in all aspects right from invocation of arbitration to finally defending and challenging the arbitral awards in courts.

Our clientele consists of companies from both the public and private sectors, besides foreign clients. This add variety to the Firm' s experience and gives it a unique edge.

Key transactions

The Firm is the standing counsel for various public sector undertakings at the Supreme Court of India and various High Courts. The Firm is on the panel for numerous multinational corporations, statutory bodies etc.

The Firm has represented 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 leading infrastructure cororation involved in development of ralways network in the multi-billion rupee arbitration dispute..

The Firm represents Power Generation Companies and Power Distribution Companies 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 hasrepresented leading Aaviation company in proceedings relating to the Supreme Court' s instructions to adjudicate the quantum/heads of arrears payable by the Aaviation company 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 and is now representing the client before the said arbitrator.

The Firm irepresented NHAI before the Delhi High Court in proceedings initiated by the respective concessionaires seeking inte.

Rim 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
M.V. Kini, Ravi Kini, S.D. Shetty, Sumit Gupta, Tavinder Sidhu





M. V. Kini
Founder

M.V. Kini's desire to build something of his own and his passion for law inspired him to turn his back on a promising career in banking and turn to criminal law. Started out of one office with four employees in Mumbai back in 1978, MVKini has now grown its operational base to 16 locations around India with more than 150 employees.

The Firm's portfolio has grown and diversified over the years and now includes practitioners in corporate, banking, finance, environmental, consumer finance, infrastructure, customs and international business taxation law. This growth is fuelled by M.V. Kini's ability to always see the bigger picture and stay ahead of the curve - recognising up and coming sectors in the Indian market and providing legal assistance to industry pioneers. Whether it is aviation, infrastructure or, more recently, banking and environmental law, the Firm's success has hinged on this key ability.

M.V. Kini is on the panel of lawyers representing the Airports Authority of India (AAI) and has personally represented AAI in several landmark cases. From coming up with innovative solutions to end a standoff between the AAI and the Mumbai municipality, effectively resolving the issue of the unionisation of the air-traffic control department to ending the aviation company's pilot strike, M.V. Kini is widely recognised as one of the foremost experts in aviation law in the country. M.V. Kini is also recognised as an expert in prosecuting white collar crimes. He has led several high profile prosecutions in fraud cases in banks, both nationalised and private, including against cover-ups of scams in the financial sector in general.

In recent years he has represented various international business interests in India, helping them navigate the often-daunting legal and infrastructural set up in the country.

Working with pan-India entities like the National Highways Authority of India has in part led to the Firm's expansion in operations throughout the country. MVKini now also represents more than 63 international and local banks and in excess of 100 public sector undertakings. Drawing on his background and interest in banking he is the author of two books on the Negotiable Instruments Act, 1881 and a separate practical guide for bankers dealing in consumer finance.

The Firm's expansion has been characterised by a streamlining of the corporate management with the appointment of professional business administrators to oversee operations, leaving lawyers to get on with advising clients. As India grows and finds its place in a rapidly shrinking world, M.V. Kini is driving the Firm's evolution. With the largest network of offices of any Indian law firm, MVKini provides a full service offering to its clients. ''Our goal is to provide complete legal cover for our clients' various needs. So that when they come in to our offices, they know their legal issues, no matter how diverse they may be, will be taken care of,'' said M.V. Kini. ''So the next five years will be very crucial to those growth plans.'”

Practice Areas
Corporate and Commercial
Banking & Finance
Litigation
Aviation
Project Finance in Infrastructure
Shipping and Maritime


Contact details
Mumbai office
mvkini@mvkini.com
+91 22 2261 2527


Ravi Kini
Managing attorney

Ravi is MVKini's Managing Attorney. Ravi holds an LL.M. in International Financial Laws from the University of Georgia, USA where he specialised in Derivatives Risk Framework.

Ravi is one of India's leading practitioners of law relating to national and state highways projects. He is also renowned for his work in the aviation, government affairs, and banking sectors.

Ravi advises NHAI and state authorities on highways and related projects. He advises on international competitive bidding in Public Private Partnerships (PPP). He has a wealth of experience advising the Indian government on bid processes, and drafts and vets tender documents and contracts. He is skilled in incorporating Special Purpose Vehicles and executing concession agreements and contracts for selected bidders.

His expert knowledge comes from advising on a wide range of projects executed/funded in this way. They include the development of a free trade and warehousing zone, the creation of industrial training and skills development centres, the building of rail-related manufacturing facilities as well as ports terminals, IT parks and other urban transport projects.

Ravi's public-sector experience gives him a unique understanding of how government functions. Ravi leads a team that effectively mediates industry concerns to the relevant government body to swiftly arrive at constructive outcomes.

His significant experience in the aviation sector has led him to advise on ground-handling issues across a number of airports. Ravi's experience extends to advising bodies, such as IATA, on Competition Law issues. His extensive experience includes advising India's national carrier. He negotiated and drafted the contracts for the leading aviation company's purchase of 68 commercial aircrafts from Boeing, in a US$7 billion deal. He also assisted in the formation of its low-cost subsidiary, Air India Express. He regularly drafts and vets aircraft leasing agreements.

Ravi leads a team that supports Indian companies seeking access to foreign capital through external commercial borrowings (ECB). The team regularly interprets RBI circulars and is able get swift clarification from the regulator as required. He and his team act as the lender's legal counsel, participating in negotiations with borrowers ensuring compliance of banking law and practise. Keeping the lenders' interests at the fore, they assist with securities' creation and perfection of charge documentation. Ravi was named as leading lawyer in the aviation sector in 'Who's Who Legal' (Aviation, 2010) and listed in the 'Leading LAWYER 100' 2011 Annual Guide, which recognizes members of the legal community who have stood out among their peers by demonstrating professional achievement and excellence in their area of practice. He was also recognised as a key commercial lawyer in the International Who's Who Legal (Commercial Litigation, 2009).

Practice Areas
Aviation
Project Finance
Banking & Finance
Corporate & Commercial
Government Affairs
Power & Energy
Shipping and Maritime


Contact details
Delhi office
ravikini@mvkini.com
(91) 11 2437 1038/1039/1040


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 in service matters relating to Articles 226 and 227 of the Indian Constitution.

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 its 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 Rs.10bn.

His other landmark cases involved the resolution of the service matter between the Maharashtra State Electricity Distribution Company and its concerned 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 or highways, airports or family property disputes, his diverse experience in criminal proceedings including service and property cases of all kinds has served MVKini well.

Practice Areas
Dispute Resolution
Litigation


Contact details
Mumbai office
sd.shetty@mvkini
(91) 22 2261 2527


SUMIT GUPTA
Partner

Sumit is the lead partner at the Delhi office with over 17 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. 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
Infrastructure
Project Management
Litigation
Arbitration
Industry and Labour
Dispute Resolution
Government Affairs


Contact details
Delhi office
sumitgupta@mvkini.com
(91) 11 2437 1038/1039/1040


Tavinder Sidhu
Partner

Tavinder is an Advocate on Record with the Supreme Court of India and is qualified to practice as a Solicitor in the Courts of England and Wales. Having active trial experience in mercantile, property and banking matters, he currently represents clients on issues relating to government contracts, tender laws and labour & employment related matters.

He regularly represents clients in the matters before Supreme Court and other Authorities seeking wildlife clearances and approvals to divert forest land in protected areas for non-forest purposes like infrastructure projects of national importance.

Tavinder' s expertise extends to arbitration appeals before various courts. He represents clients before arbitral tribunals relating to Civil Engineering Contracts on both item-rate and Build Operate Transfer bases.






Practice Areas
Infrastructure
Environmental Law
Industry & Labour
Land Acquisition
Dispute Resolution
Government Affairs
Litigation
Aviation


Contact details
Delhi office
sidhu@mvkini.com
(91) 11 2437 1038/1039/1040


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