Law Senate Brochure

7/27/2019 Law Senate Brochure

1/16

INDIAN LAW FIRM...INTERNATIONAL STANDARD

Law SenateLAW FIRM


2/16

We understand your business...

WHY DEAL WITH US?

Whether your company is at the forefront

of the emergence of Indian businessonto the global stage or is looking toestablish a presence in India, Law Senateis adequately equipped and uniquelypositioned to help. Our difference is the waywe think, work and behave we combinean instinctively global perspective witha genuinely multicultural pproach,enabled by collaborative relationships

and yielding practical, innovative advice.

PERSONAL ATTENTION

we endeavour to build a close workingrelationship with our clients grounded ona high quality response to client needsin a timely and efficient manner. Wehave gained a reputation for putting ourclients requirements first, respondingrapidly, sensitively and creatively with

expert legal advice and quality servicesthat are business like and practical. Westrive to achieve results that exceedexpectations.

WE UNDERSTAND YOUR BUSINESS

It is our business to understand yours.

We have wide commercial knowledgeand are keen to expand it whenevernecessary for new projects. This under-standing fosters the personal rapportwith clients, which is characteristic ofour style.

Law Senate (LS) is characterized by astrong esprit de corps among all itsmembers, both professional and sup-

port staff. The firms lawyers have a keenunderstanding of our clients strategicand technical needs, both nationally andinternationally. We are able to handlecomplex and sophisticated matters ina collegial environment in which ourlawyers judgment and experience areshared across the boundaries of indi-vidual areas of specialization.

We are committed to delivering a servicepar excellence to both our corporateclients as well as our private individualclient base.


3/16

INTRODUCTION

LAW SENATE, a Registered Partnership Firm,

is one of the leading corporate law firms of

India providing international quality of legal

services in India to its clients from various

countries. India, being geographically a bigcountry, has different local laws, state laws

and national laws. The firm is able to ensure

effective service to its clients because of its

strong network of law offices and lawyers

across the country. For about 20 years the

partners of the firm have been providing legal

services to its domestic and international

clientele which include several multinational

companies, listed Companies, Public sector

enterprises, state and central governments,

International banks, nationalised banks,

exporters etc.,

The Partners and members of the firm have

a long legal experience of about 20 years with

a strong international Corporate exposure.

The team of the firm has strong expertise in

Complex legal matters including Arbitration,

Corporate litigation, International arbitration,

Execution of International Arbitral awards,

drafting of high value International anddomestic contracts, litigation in the Supreme

Court of India, foreign Direct investment,

regulatory work, Direct tax, Indirect tax,

Project Finance, Mergers and acquisitions etc.,

the team members have strong experience

and expertise in incorporation of foreign

companies in India.

The firm provides legal advice and other

legal services in various sectors includinginternational trade infrastructure Contracts,

health care, media, airports, roads, health

care, sports and finance.

The firm and its partners are active members

of various professional bodies, Associations

and chambers of Commerce including

International Bar Association, Arbitration

Bar of India, Asian Society of International

law, International council of Commercial

Arbitration, Association for International

Arbitration, International chamber of

commerce, Associated chamber of commerce

etc., Due to the above said memberships and

its network the firm is able to provide legalservice anywhere in India and many places of

the World within reasonable costs.

PROFILE OF THE TEAM

S Ravi Shankar, the Managing Partner of the Firm, isa qualified Advocate on Record in the Supreme Courtof India (Highest Court in India), with more than 20years of Experience in the field of law. He is holdinga Masters degree in Business Administration alongwith a bachelors degree in Law. He has a strongInternational exposure and hence travelled to 41countries across the world on various assignments.Being a corporate lawyer, he has strong experiencein Arbitration, Litigation and other corporate legalwork. He is holding MBA degree from one of the topBusiness Schools of India, Thiagarajar School ofManagement. He did his LLB Degree in the famousBangalore University. He also is holding a Degree inScience and Mathematics from Madurai University.

Being a Supreme Court Lawyer he has a strong

experience in handling Domestic & InternationalArbitration, corporate matters, Civil cases, Incometax cases, Sales tax cases, Export cases, contractcases, Writ Petitions, Mining cases, ArbitrationAppeals, Trade Mark cases, Consumer Appeals,Service and labour cases, Mining law related casesetc.

Being an Expert in Arbitration cases and relatedlitigation he has appeared in various High valueArbitration cases before various Arbitration Panelswith International Arbitrators, Judges and other

reputed Arbitrators. He has appeared in Highvalue Construction, Export disputes, Shipping,Infrastructure, Airports arbitrations etc., involvingIndian and Foreign Jurisdictions. He has also appearedfor parties in the Arbitrations conducted under ICCRules of Arbitration. He has also appeared in casesconducted in Singapore International Arbitrationcentre (SIAC), Hong Kong International Arbitrationcentre (HKIAC), Dubai International ArbitrationCentre (DIAC), Indian Council of Arbitration (ICA)


4/16

International Arbitration Centre,Delhi, Formerly DACetc., He also has conducted various Arbitration relatedlitigation with regard to existence of Arbitrationclause, Appointment of Arbitrators, Challenging ofAwards, Execution of New York Convention awards,cases relating to execution of foreign awards etc.She has appeared in High value Construction,

Export disputes, Shipping, Infrastructure, Airportsarbitrations etc., involving Indian and ForeignJurisdictions.

Mr. Shankar is an active member of variousprofessional Institutions including InternationalBar Association (IBA), Asian Society of Internationallaw (ASIL), Arbitration Bar of India (ABI),Chartered Institute of Arbitration, Association ofInternational Arbitration (AIA), International Councilfor Commercial Arbitration, Supreme Court BarAssociation (SCBA) etc., He is also an active member

of JCI. He was holding various international offices inJCI and other organisations.

Yamunah Nachiar is an Advocate on Record, qualifiedin the Supreme Court of India. She is a lawyer withabout 15 years of practice experience. She is holdinga post graduate degree in Business laws fromNational School of Law , Bangalore, in addition to hergraduation in Law. She is a registered lawyer fromthe Delhi Bar Council. She is mainly into DomesticArbitration, International Arbitration, Arbitrationrelated litigation, corporate litigation, Debt Recovery,

Civil Appeals and Intellectual property matters.She has worked in various Arbitration matters forGovernment of India and hence has a distinctive edgeover others. She is a Senior partner of the Firm.

Being an Advocate on Record of the Supreme Courtof India, has a strong experience in handling, Civilcases, Income tax cases, Sales tax cases, Exportincentive cases, business contract related cases,Writ Petitions, Mining law cases, Arbitration relatedAppeals, Trade Mark dispute cases, Consumer

Revisions and Appeals, Matrimonial cases, Serviceand labour cases, Mining law related cases etc., in theSupreme Court of India. She has also appeared forvarious Nationalised Banks and Financial Institutions,in the cases of recovery and bank guarantee.

Being an Expert in Arbitration cases and relatedlitigation she has

appeared in,v a r i o u s

Arbitration related cases before various Domesticand International Arbitration Panels with IndianArbitrators, International Arbitrators, Judgesand other reputed Arbitrators. She has appearedin High value Construction, Export disputes,Shipping, Infrastructure, Airports arbitrations etc.,involving Indian and Foreign Jurisdictions. She

has also appeared for parties in the Arbitrationsconducted under ICC Rules of Arbitration. She alsohas conducted various Arbitration related litigationwith regard to existence of Arbitration clause,Appointment of Arbitrators, Challenging of Awards,Execution of Foreign awards in India from New YorkConvention countries, cases and appeals relating toexecution of foreign awards in India etc.

Mrs.Nachiar is an active member of variousprofessional Institutions International BarAssociation (IBA), Delhi High Court Bar Association,

Chartered Institute of Arbitration, Arbitration Bar ofIndia, Supreme Court Bar Association etc.

Rathnakara V Shetty is an Expert in Customs,Central Excise and service tax matters. He is also anauthority in Export concessions and related issues.He has experience in the customs Department ofGovernment of India. Worked in Customs, CentralExcise and Service Tax Department for 25 yearsunder different capacities and voluntarily retiredas Superintendent of Central Excise, Mumbai. Atpresent, Practicing as an Advocate for the last 11

years in the field of Customs, Excise & ServiceTax in Supreme Court of India, Delhi High Court,Bombay High Court, Customs, Excise & Service TaxAppellate Tribunals throughout India and appearingbefore Different Adjudicating authorities and Appealauthorities in the Department of Customs, Excise &Service Tax.

Ms. Nishtha, Company Secretary is holding B.Com(Honours), a bachelor degree in Law and also aqualified Company Secretary. She is a having alot of experience in drafting and vetting various

legal documents including Deeds, Agreements likeshareholders agreement, share purchase agreement,

joint venture agreements and Memorandum ofUnderstanding etc. In addition to that the followingtypes of cases are also handled , Due Diligence ofInfrastructure Projects, Renewable Energy PowerProject, Legal Consultancy and other matters,Negotiation in Management disputes, Reserve Bankof India approvals, Incorporation of Companies,Limited Liability Partnership, restructuring of ECBs,ODIs, FIIs and FDIs.


5/16

Vijey Devaraj, High Court Original Side lawyer with40 years of experience in law practice is leadingour team in the original side litigation. His vastexperience in litigation includes Civil Suits, WritPetitions, Banking related litigation, CompanyLaw Board cases, Partition, Specific performance,Succession certificate, Labour cases, debt recovery,

intellectual property litigation etc. He has conductedindependently many High value civil litigations invarious Courts of India. He is holding a Maters inPolitical science and a bachelor degree in Law. Hisexpertise in personal law matters particularly in thefield of succession, Partition, adoption and multi-

jurisdictional succession cases.

Geni Philipose, is a Corporate lawyer mainlyconcentrating in Corporate litigation including Debtrecovery, drafting of contracts, Contract Relatedlitigation, Environment litigation, Commercial

Arbitration etc. She has an excellent educationalrecord and holding Masters degree in Law in the fieldof Business laws. She is having a practice experienceof 8 years with a strong Corporate Exposure. Shehas also assisted various Senior lawyers in Highvalue Construction related Arbitrations beforevarious Tribunals of India. She is also a ResearchScholar doing PHD in the University of Madras in thefield of Money laundering. She is fluent in English,Malayalam, Tamil and Hindi.

Sushil Kumar Jalan, a Chartered Accountant

with 25 years of Experience in handling Companyincorporation, Registration of various typesof Companies, Taxation consultancy, Audit,Project Consultancy, Project Financing, PortfolioManagement of NRIs etc. He is a qualified CharteredAccountant of India. He has vast experience inhandling huge turnover Audits including variousNationalised Banks of India and private Companies.His expertise in complex tax matters involvingmultiple jurisdictions is his speciality.

Sangitaa Singh is qualified lawyer registered withDelhi Bar council and in charge of Arbitrations,Commercial litigation including Consumer, Windingup related cases, Environment, Civil matters,Employment Appellate Tribunal matters etc inour Firm., She has handled various High valueArbitrations and litigations in various Courts of Delhi.She is holding a bachelors degree in Law fromAligarh Muslim University. She is fluent in Englishand Hindi.

Sargam Narula is a qualified lawyer registered withDelhi bar council in-charge of corporate litigationsincluding Trade marks in the Firm. She is a graduatein Law from University School of Law and LegalStudies, Guru Gobind Singh Indraprastha University.Her talent in understanding the legal points, abilityto analyse complex legal issues and drafting of

the legal briefs is an added strength to the Firm.She is experienced in handling Arbitration matters,Trademarks, Supreme Court litigation, cases in theNational Consumer Commission etc.,

Sneha Bhatnagaris a qualified lawyer and registeredwith Bar council of Delhi. She is in-charge of TradeMark registration & litigation, Negotiation & draftingof contracts, Matrimonial cases involving multipleJurisdictions, Child custody cases involving multiple

jurisdictions etc., She is well versed in drafting andvetting deeds that may include partnership, lease

agreements, license or many other deeds. She isholding a Law degree From Campus Law Centre,Delhi University and also a Bachelors degree inHistory from Kamala Nehru College, Delhi University.She is fluent in Hindi and English.

In Addition to the above said key members the Firmhas brilliant team of lawyers, experts, paralegals tohandle the requirements of the clients of the Firm.

ARBITRATION

The Firm is one of the few law Firms in India having astrong Arbitration background in both Domestic andInternational Arbitrations. The Firms Senior partnerMr. S Ravi Shankar and partner Mrs. YamunahNachiar have handled hundreds of Arbitrations intheir capacity as Arbitration lawyers. Both of themhandled many high value Arbitrations in which variousGovernment of India departments and Public SectorUndertakings were parties. Another special capacity

of the above mentioned senior partner is that theyhave handled many Arbitration related litigations inthe High Court level as well as the Supreme Courtof India with regard to appointment of Arbitrators,Arbitration clause, Challenging of Awards etc. Hencethe Firm is a fully equipped and competent lawfirm to handle Commercial Arbitrations in India andoutside India.


6/16

Arbitration in India

India has more adhoc arbitrations than theInstitutional Arbitrations in practice. Retired Judgesof various High Courts and Supreme Court are busyas arbitrators. Even though this practice has someadvantages it also has some dis-advantages like court

room style arbitrations and lengthy procedure etc.,Institutional Arbitrations are governed by the rulesof the arbitration centre. Indian Council of Arbitration(ICA), International Arbitration Centre formerlyknown as DAC, Construction Industry ArbitrationCouncil (CIAC), Indian Technology Mediation andArbitration Centre (ITMAC), NaniPalkivala ArbitrationCentre (NPAC) are some of the reputed InstitutionalArbitration centres in India. The Firm has beenhandling Arbitrations for various business houses andindividuals and has gained an expertise over the field.The Firm has handled high value arbitrations as per

the Arbitration and Conciliation Act, involving variousinfrastructure, High ways, Airports, Construction,supply contracts, Service contracts, Real estate,trade etc., Since the Firm has its own reputation andexperience, it is able to lead the arbitration to fasttrack and get the award without much delay. Sincethe Firm advises the clients, right from the contractnegotiation stage, it is able to protect the interests ofits clients effectively.

International Arbitration

In India there are a few Arbitration Centres whohave entered into bilateral arrangements withForeign Arbitration Centres to conduct InternationalArbitrations in India. Indian Council of Arbitration(ICA) has bilateral agreements with about 40 foreignarbitration centres. Even-though the numbers ofInternational arbitrations happening in India areincreasing, because of the interference by IndianCourts and the pendency in the Indian Courts, manyhigh value international arbitrations are happening inneutral countries like Singapore, London, Dubai etc.,

London Court of International Arbitration (LCIA) hasrecently opened a branch in Mumbai for internationalarbitrations. Lawyers of the firm are involved withvarious Arbitration centres and Legal settlementInstitutions, including International chamber of

Commerce, International Court for CommercialArbitration, Delhi High Court Arbitration

Centre, SingaporeInstitute of

Arbitration and Conciliation (SIAC), proceedingunder ICC rules WIPO Arbitration, London Courtof International Arbitration (LCIA) and DubaiInternational Arbitration Centre (DIAC).

Arbitration related Litigation in India: The Firmhas a vast experience in handling arbitration

related litigation like application for appointment ofarbitrators, interim orders, issuance of summons tonon-cooperating witnesses ad government witnessesetc., The Firm also has handled appeals on theorders passed by the High Courts or District Courtstill Supreme Court of India. In India as per theArbitration and conciliation Act 1996, the scope forchallenging the awards is very less and hence anaward is almost final. But if proper care is not taken byparties, the courts may entertain some unnecessaryappeals, which may badly delay the enforcement ofthe awards. The Firm has considerable experience

in handling cases involving the challenge to Domesticand International Arbitration awards.

ENFORCEMENT OF FOREIGN AWARDS IN

INDIA

The relevant Indian law in the above field is theForeign Awards (Recognition and Enforcement) Act,1961. The Arbitration and Conciliation Act, 1996 (Act26 of 1996), Part II, entitled 'Enforcement of CertainForeign Awards'. Chapters I & II thereof apply to 'New

York Convention Awards' and 'Geneva ConventionAwards' respectively. The above said laws providesthe procedure for enforcement of foreign awards inIndia. The above said Act was brought in to enableeffects to be given to the convention on the recognisedand enforcement of Foreign Arbitration Awards doneat New York in 1958. Government of India has notifieda list of countries that are recognised for the purposeof execution of Foreign Awards.

The list of 'reciprocating territories' notified by theGovernment of India in the Gazette of India, for

the purposes of Sec. 44 of the Arbitration andConciliation Act 1996 ('1996 Act') comprises thefollowing 46 States: Austria, Belgium, Botswana,Bulgaria, Central African Republic, Chile, Cuba,Czechoslovak Socialist Republic, Denmark, Ecuador,The Arab Republic of Egypt, Finland, France, GermanDemocratic Republic, Federal Republic of Germany,Ghana, Greece, Hungary, Italy, Republic of Ireland,Japan, Republic of Korea, Kuwait, Malagasy Republic,Malaysia, Mexico, Morocco, The Netherlands, Nigeria,


7/16

Norway, Philippines, Poland, Romania, San Marino,Singapore, Spain, Sweden, Switzerland, Syrian ArabRepublic, United Republic of Tanzania, Thailand,Trinidad and Tobago, Tunisia, UK, the United States ofAmerica, China, Hong Kong and USSR. The firm hasexperience and expertise to handle Foreign Arbitrateproceedings and related litigation also.

FOREIGN DIRECT INVESTMENT

In the last few years many foreign companies aresetting up their business activities in India mainlybecause of the recent investor friendly businessatmosphere created in India. New foreign companiescan invest in India or start business in India mucheasier than earlier. The Government of India has comeout with various corrective measures to encourageforeign investors to invest in India.

Setting up of Business in India

Automatic Route: Government of India from timeto time issues notifications notifying the sectors /activities where 100% Foreign Direct Investmentis allowed as per the FDI Policy of Government ofIndia. If any foreign company wants to start businessin one of these notified sectors as specified by theGovernment then to the extent permitted, the venturedoes not require any prior approval either from theGovernment of India or the Reserve Bank of India..

Government Route: FDI in activities not coveredunder the automatic route requires prior approval ofthe Government of India. The applications seekingsuch prior approvals are considered by foreignInvestment (FIPB), Department of Economic affairs,Ministry of Finance.

The Indian company having received FDI either underAutomatic route or the Government route is requiredto report in the Advance reporting form, the details ofthe receipt of the amount of consideration for issue

of any equity investments along with the know yourcustomer report from the Overseas Bank within 30days from the date of receipt of inward resistances.

Service of the Firm: TThe firm has experience inhelping various Foreign Companies to set up theirbusiness in India as per the Reserve Bank andForeign Direct Investment norms. The firms clientshave successfully started the following types ofcompanies in India. The firm has experienced and

qualified Company Secretaries, the firm is able toensure effective service in this area.

Branch Office of a Foreign Company in India: -Thefirms clients from USA and UK have successfullyForeign Companies incorporated outside India andengaged in manufacturing, trading etc. are allowed to

set up branch offices in India with specific approval ofthe Reserve Bank of India. Such Branch Offices arepermitted to represent the parent / group companies.Normally, the branch office should engage in theactivity in which the company is engaged. A branchoffice is not allowed to carry out manufacturing orprocessing activities in India directly or indirectly.Profits earned by branch offices are freely repatriablefrom India, subject to payment of applicable taxes.To start a branch office in India, the parent foreigncompany must have a positive financial record fora minimum of last 5 years. Minimum total paid up

capital for a branch office should be USD 1,00,000.

Liaison / Representative Office of a Foreign

Company:- Liaison office (also known asRepresentative office) can undertake onlyliaisonactivities i.e., it can act as a bridge betweenHead Office abroad and parties in India. Such officescan not do any business in India and hence cannot earn any income in India. The role of suchoffices is limited to collecting information, deliveringinformation etc., the firm has assisted to clients fromMalaysia and Switzerland to register liaison offices in

India. Minimum required paid up capital for a liaisonoffice is USD 50,000.

Project Office of a Foreign Company: The RevenueBank is granting general permission to ForeignCompanies to establish project office in India,provided they have secured a contract from an IndianCompany to execute a project in India and projectis cleared by an appropriate authority. Moreoverthe project must be funded by inward remittancefrom abroad and the entity awarding the contract is

granted a term loan by a Public Financial Institutionor a bank in India for that project. The firm hashelped an Australian Company to set up a projectoffice in India for execrating an infrastructure projectin India.

Foreign Institutional Investor (FII) FII s include AssetManagement companies, Pension Funds, MutualFunds, Investment Trusts, Incorporated / InstitutionalPortfolio Managers, University Funds, Endowment


8/16

foundations, Charitable Trusts and Societies.Securities Exchange Board of India (SEBI) acts asthe nodal point in the registration and recognition ofForeign Institutional Investors. The Reserve Bankof India has granted general permission to SEBIregistered FIIs to invest in India under the PortfolioInvestment Scheme (PIS). The partners of the firm

has assisted two Singapore Companies, one Mauritiusbased fund managing company and UK Fund companyto get registered as a Foreign Institutional Investor.

General Information regarding Repatriation

of Funds

All Foreign Investments are freely repatriable afterapplicable taxes except in cases where:

(i) The Foreign Investment is in a sector like construction

and development project and defence where in theForeign Investment is subject to a lock in period.

(ii) NRIs who choose to invest specifically under non-

repatriable schemes.

Customs, Taxation and

Excise matters:

Due to increased international business, trading andactivities the clients require legal advice regarding

customs duty, customs procedure, export importpolicy, appointment of distributors, exposure tocentral excise etc., The Firm has very experiencedexperts who provide legal opinions in the form ofsolutions to avoid facing state actions and penalties.In addition to that the firm advises on the taxationissues during multinational transactions andcontracts between the parties. Certain productswhen imported in India and repacking is done inIndian soil and sold to the Indian market it is treatedas manufacturing and hence excise duty is attracted.So the firm advises its international clients after fully

evaluating and examining all the details.

INFRASTRUCTURE, CONTRACTS & GLOBAL

TENDERS:

In the last 10 years India is open to foreignDirect Investments

and hasincreased

the Public, Private and Participation in the areas oflarge infrastructure projects like Airports, Seaportsand High ways. Hence requirements of Foreign DirectInvestment have become inevitable. The firm hasexpertise in assisting the International contractors,Foreign Investors, Government departments andPublic sector undertakings in the finalisation of their

global tender forms, preparing of tender documents,contracts and submission. The service includes thelitigation and Arbitration with regard to tenders andcontracts.

Moreover Indian Companies participating inInternational bidding for providing Infrastructure,Telecom and other high value contracts in a foreigncountry also require special assistance of lawyersfrom Multi Jurisdictions. The firm which hasAssociate lawyers and law offices across the Globehence it can assist Indian Companies effectively in

the Multinational Tender process also.

Types of Contract and

Tender Services

The firm has an expertise in high value projects including

Airports, Electricity generation etc. with regards to the

following service:-

(a) Drafting and vetting of contracts

(b) Tender Form drafting.

(c) Tender Conditions drafting.

(d) Tender Form submission.

(e) Representation in the Tender process.

(f) Post Tender Contracts.

(g) Contract related dispute resolution.

(h) Tender, Contract related litigation.

(i) Tender related Domestic Arbitration.

(j) Tender related International Arbitration.

(k) Arbitration under ICC rules.

(l) Arbitration in various Arbitration Institutions like

SIAC, Dubai International Arbitration Centre, London

Court of Arbitration etc..

Tender Related Documentation:

The Firm assists various organisations to finalise their

legally valid tender conditions protecting their rights and

privileges. Moreover weakly drafted tender conditions lead


9/16

to court interventions and interpretations which might

delay the tender process and increase the costs as well.

In addition to that the Firm also assists the Companies

bidding on the basis of an International or domestic tender

process, to evaluate the legal implications and risks.

Hence the Firms service in tender process is to guide

the parties the legal consequences of floating and signing

certain tender documents, which involves complex legal

issues.

Tender Related Arbitration

Cases in India

After the introduction of The Arbitration andConciliation Act, 1996 the Arbitration in India hasbecome more effective and less time consuming. Theabove said Act has been enacted to adopt The ModelLaw on International commercial Arbitration 1985

and UNCITRAL Conciliation Rules, 1980 as proposedby the wing of UN. Hence Indian Law is synchronisedwith the law of the other countries of the world.

The above said law has created a simplified procedurewith less judicial intervention for InternationalCommercial Arbitration proceedings involvingdifferent jurisdictions and multinational parties. Theabove said Act is based on the UNCITRAL ModelLaw on International Commercial Arbitration, 1985.Hence India is fully aligned with the rest of theworld by exacting the above said Act. The firmand its lawyers are handling various arbitrationproceeding and related court cases in the fieldof domestic Arbitration proceedings. DomesticArbitration in India has become more effective nowbecause of the effective procedures laid down bythe various Institutional Arbitration Centres of India.The Domestic Arbitration Centres in India have laiddown client friendly measures to cut down the costof Arbitration including fees for Arbitrators. The Firmand its lawyers have strong experience in handlingarbitrations before independent and individual

Arbitrators, Retired Supreme Court and High CourtJudges as Arbitrators and Institutional Arbitrations.

The Firm has handled large high value Arbitrationsincluding Airports, big infrastructure, real estate, supplycontracts, stock market arbitrations, labour contracts,technology supply contracts, technology transferrelated contracts, facility creation contracts etc.

Tender Related Litigations

Normally once the tender process is started litigations are

not entertained by the Courts in India. But in case if the

tender conditions are altered during the process or any

discriminatory approach of the tender floating company is

the subject matter then the Courts in India interfere. But

most of the litigations arise either after the finalisation of

tender process or in the project implementation stage.

But since most of the contracts and tender documents

contain arbitration clause, those disputes give rise to an

arbitration proceedings only. The Firm has a good amount

of experience and expertise in handling tender related

litigations in India.

Applicable Laws

The Tender process in India are governed by IndianContract Act, Code of Civil Procedure Code, IndianArbitration Act etc, when the contract specifiesIndian Law as the relevant law then the above saidlegislations will apply even if it is an InternationalArbitration with parties from different jurisdiction.With regard to the Indian company bidding for atender in a foreign country to execute a work in aforeign land may require to follow and comply withlaw of different jurisdictions. In such situations thelaw of the land where the work is to be executedplays a major role. In addition to that if parties to

the contract chooses either of their laws or a lawof a third country as law applicable to that contractthem that law becomes relevant in that case and inthat dispute resolution process. Moreover if both theparties decide to resolve the dispute as per the rulesof any International Arbitration Centre like SAIC, ICC,ICA or any other institution then the rules of thatArbitral Institution also become relevant.

Experience of the Firm

The lawyers of the firm have expertise and experience

to handle any type of Tender related service includingthe consequential litigations and Arbitrations if any.The partners and the lawyers of the firm haveexperience in handling litigations in various Courts ofIndia, pertaining to Tender etc.

The firm has its partners and Associates across theGlobe who are experienced is handling such complextender issues, dispute resolution etc. Hence,


10/16

The Expertise of the firm with multi jurisdictionAssociates is the speciality of the firm. The Firmalso cut the costs of dispute resolution process in theinternational level since the major part of the workis executed and handled by the local lawyers withexperience is that relevant jurisdiction.

Employment laws in India

The Firm and its partners have advised variousmulti-national Companies, Public sector Companiesand private Companies with regard to employmentrelated agreements, documentation and litigation.The Firm has experience in preparation of Employeemanual, Employees hand book etc., incorporating theterms of employment, disciplinary action, employeebenefits etc., for various companies to ensure acomfortable working atmosphere without disturbingthe productivity of the Company. It is important to

note that even though the laws relating to manageriallevel staff is changed the Labour laws in India remainsthe same. Hence the Firm advises the Companiesabout the labour law compliances, standardisation oftheir documentation, domestic enquiry, disciplinaryaction etc., The Firm also advises the Companies onEPF(Employees Provident Fund) and ESI (EmployeesState Insurance) compliances. The Firm also handleslabour law issues and corresponding litigation.

Electricity Cases and

Appeals

The Electricity Management in India has changed alot in the last decade. The monopoly of the State isfinished and many private Companies are allowedto operate in the production, and distribution ofelectricity. Even-though the initial difficulties are facedby the regulatory authorities and the government inachieving a fair play in the industry, slowly things arefalling in place. The Firm and its partners have beenrepresenting various electricity producers, PowerDistribution Companies and Consumers before the

Central Electricity Regulatory Commission (CERC),State Electricity Regulatory Commission, AppellateTribunal for Electricity and the Supreme Court ofIndia. The Firm has vast experience in dealing withcomplex tariff regulation issues and the related

litigation in the above said forums of India. Thepartners of the Firm

have experiencei n

preparation, filing and arguing of the relatedelectricity Appeals before the Supreme Court of Indiaalso.

Telecommunication Cases and

Appeals

The Telecom Regulatory Authority of India (TRAI)is a statutory body established under the TelecomRegulatory Authority of India Act, 1997 for regulatingthe telecommunications and broadcasting sectors.TRAI is tasked to protect the interests of serviceproviders and consumers and to ensure orderlygrowth of these sectors. Its main functions includelaying down and ensuring the standards of quality ofservice provided to consumers, setting tariff policy,specifying policies with regard to the technical andcommercial aspects of interconnection between

service providers, and ensuring that service providerscomply with the terms and conditions of theirlicences. TRAI also makes recommendations to theGovernment on a host of issues including conditionsfor entry of new service providers and terms andconditions of licences granted to service providers. .The Firm has vast experience in dealing with complextariff regulation issues and the related litigationin the above said forums of India. The partners ofthe Firm have experience in preparation, filing andarguing of the related Telecom Appeals before theSupreme Court of India also.

Debt Recovery Tribunal

Cases

The Debts Recovery Tribunals in India have beenconstituted under Section 3 of the Recovery of DebtsDue to Banks and Financial Institutions Act, 1993. Theoriginal aim of the Debts Recovery Tribunal was toreceive claim applications from Banks and FinancialInstitutions against their defaulting borrowers. Andthe adjudicatory forum under SARFASI Act turned out

to be the Debts Recovery Tribunal. The Debts RecoveryTribunal now deal with two different Acts, namelythe Recovery of Debts Due to Banks and FinancialInstitutions Act as well as the Securitisation andReconstruction of Financial Assets and Enforcementof Security Interests Act.

The Debt recovery Appellate Tribunal is constitutedunder the Recovery of debts due to banks and


11/16

Financial Institutions Act, 1993. The said tribunal isalso the second court of Appeal in respect of casesfiled under the Securitisation & reconstruction ofFinancial Assets & Enforcement of Security interestAct,2002.

The Firm and its partners have handled many cases

in the above said forums for and against the Banksand Financial Institutions.

Wills and Probate Service

The firm offers legal assistance to its clients inpreparation of wills, settlement deeds, petition deedetc, in addition to the related litigation. The firmalso helps the citizens of foreign countries havingsuccession rights over Indian properties to claimand encash the same. Due to increased globalisationand migration of people allover India and across

the world the personal laws also gets complicated.In many cases the properties are situated in multi

jurisdictions and hence the legal have to adopt the lawof the domiciled country irrespective of the local lawsof the country where they were born. The firm offerslegal assistance in negotiating partition disputes,valuation of properties, registration of partition deedand related litigation.

Types of Wills and Probate

Services Offered

Preparation of Wills, settlement deeds etc.,

Probate

Litigation in Indian Courts

Litigation in Foreign Courts

Succession Certificates

Appeal cases

Partition deed preparation

Succession Certificate

The succession cases, where the properties aresituated in India, where the deceased did not domicileto any foreign country, succession proceduresare governed by Hindu law, Hindu Minority andguardianship Act, Indian succession Act, Specialmarriage Act, Muslim Personal Law etc. In caseswhere the deceased has died intestate and hasdomiciled to some other jurisdiction other thanIndia, then the laws of the country to which he/shedomiciled to will be applicable in the successionproceedings. Indian courts recognise the probate

proceedings conducted in foreign courts but it isnecessary to get a succession certificate from theapproximate court with regard to a movable orimmovable property situated in India at the time ofdeath to legally transfer the immovable propertiesand movable properties to the names of the legalheirs. Particularly the Banks require succession

certificate issued by an appropriate court, if thedeceased did not specify any nominee in the bankdeposits, to entertain any claim from the legal heirs.

The Succession certificate is issued under S.123of the Indian succession Act by the courts havingrelevant Jurisdiction. The process takes about 1 yeartime if all the required documents are producedalong with the application. If any one of the legalheirs contests the case, then it might take moretime. Moreover if properties are situated in different

jurisdiction, then the court which has the jurisdiction

over the major partition of the sit properties will havethe jurisdiction to issue the certificate and there is noneed to approach different courts.

Wills and Probate Cases

The will, if attested by two witnesses and no legalheir is objecting to the will then will it is sufficient totransfer the properties into the names of the legalheirs. But in case if the will is objected by anyone ofthe legal heir or even third party then it requires to

be probated or the parties should take a successioncertificate from an appropriate court.

Since our senior partner Mr S Ravi Shankar is aSupreme Court lawyer, the clients of the firm get thebenefit of his experience and expertise.

Experience in Serving

Foreign Clients

Mrs. YamunahNachiar, Partner is an expert inhandling succession cases in India and abroad. Shehas handled such matters for the clients from Ireland,USA, Dubai and France. The firm and its lawyershave required experience to handle such mattersrelating to successions allover India and across theGlobe. The Firm also ensure the involvement of locallawyers in all Jurisdictions and hence the processbecomes cost effective and also faster in getting thematter resolved. Since the firm has civil law expertswith more than 25 years of practice experience, itendures the best possible service in India.


12/16

SUPREME COURT OF INDIA

Supreme Court of India is the Highest Court in thejudicial system of India. Supreme Court of India issituated in Delhi, the capital City of India. The powersof the Supreme Court of India are clearly defined inthe Constitution of India. Any order or Judgement of

any High Court of India or the National tribunals likeNational Consumer Commission can be challengedin the Supreme Court of India. Supreme Court ofIndia has powers which are exercised under bothAppellate and original Jurisdiction. In addition to theConstitution of India and other statutes, the JudicialAdministration is governed by the Supreme CourtRules.

Appeals in the Supreme Court

of India

The Supreme Court of India is empowered underArticle 136 of the Constitution of India to grant specialleave to any of the parties to appeal, aggrieved byany order or Judgment passed by any High Court inIndia and deal with that order. Hence any Judgmentor order passed in a Civil case, Criminal case, taxcase, Intellectual property case, Constitution case orany other case can be appealed before the SupremeCourt of India. Normally a Judgment of a High Courtcan be challenged before the Supreme Court of Indiawithin 90 days from the date of order. But in the

cases where there are sufficient reasons because ofwhich parties could not Appeal within the limitationperiod, the Supreme Court of India has the powers tocondone the delay in filing the Appeals (Special LeavePetitions). Only the advocates qualify by passingAdvocates on Record Examination conducted bythe Registry of the Supreme Court of India can fileAppeals in this Court. Two of the partners of the LawFirm Mr. S Ravi Sankar and Mrs.YamunahNachiar arequalified Advocates on Record and hence Firm enjoysthe benefit of ensuring the best services to its clients.

Civil cases and

Appeals

Any Judgment or order Passed by any of the High

Courts of India can be challenged in the SupremeCourt of India under Article 136 of the Constitutionof India Read with Code of Civil Procedure. TheAppeals and Special Leave petitions can be filedin the Supreme Court of India through qualifiedAdvocates on Records only. Two of the partners of theFirm Mr. S Ravi Shankar and Mrs. Yamunah Nachiar

are qualified Advocates on Record in the SupremeCourt of India. The partners of the Firm have verystrong experience of more than 20 years in handlingCivil Appeals in the Supreme Court of India. TheFirms lawyers have appeared for various Companiesand individual clients in hundreds of Civil appealsin the Supreme Court of India. The types of Civilcases handled by the lawyers of the Firm includesProperty dispute cases, Partition cases, Environmentrelated cases, Rent control matters, educationalinstitution cases, Admission related cases, labourcases, intellectual property right related cases, debt

recovery cases, Mines and Mining rights cases, willsand succession cases, Income tax appeals, Sales taxAppeals etc..

Contract related cases and

Appeals

The Firm and its partners have handled varioushigh value contract related litigations for variouscompanies and individual clients. Contracts, tenders,agreements etc., related cases are also a part of Civil

cases only. The Applicable laws of India are IndianContract Act, Specific relief Act, Stamp Act etc. Ifany Company or individual is affected by any of theorders of the High Court with regard to Contract etc.can be challenged in the Supreme Court of India.The Firm has strong experience in handling highvalue contract related litigations involving partiesfrom multi jurisdictions. The Firm has a long clientlist including Central Government of India, ReserveBank of India, Nationalised and Private Banks, TopCompanies of India. Since the Firm has worked withall top Senior Lawyers of India the Firm can involve

suitably including the top senior lawyers of India, ifclient desires so.


13/16

Criminal cases and

Appeals

The Firm has handled many criminal cases andcriminal appeals in various courts of India. The trialis conducted by a District Court or a MagistrateCourt in India. After that parties can approach the

High Court by way of an Appeal or a revision. Anyconviction or an acquittal order passed by a HighCourt of any State can be challenged in the SupremeCourt of India, under Article 136 of the Constitutionof India read with the provisions of Code of CriminalProcedure,1973. The Appeals and Special Leavepetitions can be filed in the Supreme Court of Indiathrough qualified Advocates on Records only. Two ofthe partners of the Firm Mr. S Ravi Shankar and Mrs.YamunahNachiar are qualified Advocates on Recordin the Supreme Court of India. The partners of theFirm have very strong experience of more than 20years in handling Criminal Appeals in the SupremeCourt of India. The Firms lawyers have appeared forvarious Companies and individual clients in hundredsof Criminal cases and appeals in various courts ofIndia. Our Partners have handled many Criminalcases which are reported in various law journals ofIndia..

Writ Petitions

The Constitution of India has empowered the

Supreme Court of India to directly handle WritPetitions if any person complains and establishesthat his fundamental rights guaranteed underthe Constitution of India are affected by any ofthe Institutions of the State or the Country. TheseWrit Petitions are filed in the Supreme Court ofIndia under Article 32 of the Constitution of India.Constitution provides for the Writ Petition rights,under Article 226 and Article 32 of the Constitutionof India for the Citizens of India and others to protecttheir rights against the violations of the State. Article226 in a way is more elaborate than Article 32 of the

Constitution of India. If the fundamental rights of aperson is violated or for public interest litigations,people can approach the Supreme Court of Indiadirectly. The Firms lawyers being quailed Advocateson record have handled many Writ Petitions filedby various persons under 32 of the Constitution ofIndia and under Article 226 before the High Courts ofIndia. The lawyers of the Firm have appeared for evenForeigners, students, candidates in elections, public

minded people, various Associations when they filedWrit Petitions under Article 32 and Article 226 of theConstitution of India.

Transfer Petitions

Supreme Court of India has powers, to transfer a

case from one State to another on the applicationof any one of the parties. Normally these types ofpetitions are entertained by the Supreme Court ofIndia when it is of the view that one party wants toharass the other by dragging them to a Court, whichis inconvenient to the other party. Moreover in cases,where the transfer can ensure effective justice tothe parties involved, the Supreme Court transfersthe matter from one Court of a State to other. Thepartners of the Firm being qualified Advocates havehandled many cases in which cases were transferredby the Supreme Court of India from one Court to

another.

Consumer cases and

Appeals

In India most of the original consumer complaintsare filed in the District Consumer Forums. The StateConsumer Commissions handle the Appeals fromthe District Forums and also handle some originalcomplaints if the value of the dispute is more than 20Lakhs and less than 1 crore. The National Consumer

Commission handles the revisions and Appeals fromthe orders of the State Consumer Commission. TheNational Consumer Commission can also handleoriginal consumer complaints if the value is morethan 1 crore. Parties aggrieved by the orders of theNational Consumer Disputes redressal Commissioncan approach the Honble Supreme Court of India byway of either an appeal or by a Special Leave Petitionwith 30 days from the date of receipt of the order ofthe National Consumer Commission. These Appealsare filed under S.23 of the Consumer ProtectionAct,1986. The Lawyers of the Firm are having a strong

experience in filing and handling Consumer cases,Appeals and revisions before the State Commission,National Consumer Commission and Supreme Courtof India. Since the partners of the Firm have workedwith all top senior counsels of India, the Firm caneffectively assist the client, if desired so.


14/16

Tax Appeals

If any Company or an individual or department isaggrieved by the Judgement or order passed byany High Court, that aggrieved party can approachthe Honble Supreme Court of India by a Petitionfiled under Article 136 of the Constitution of India

seeking Special leave to appeal against the abovesaid order or Judgment. Mr. Ravi Shankar Partnerwho is holding a Masters degree in Management hasvast experience in handling even complex income-taxand sales tax related cases in the Supreme Courtof India. He has written various articles in various

journals published by tax law Associations on varioustax related issues. The firm is also fully competent toengage Senior Lawyers of High repute to argue heavytax matters, if desired by the client.

Intellectual Property cases and

Appeals

The Firm has handled very complex and reportedcases with regard to Trade Mark disputes, copyright issues, design disputes and Patent cases. TheFirms Lawyers having clients from various countries

have handled such intellectual property cases forclients from various countries of Europe and Asia.Intellectual property disputes are also handled inthe Supreme Court of India under the category ofCivil Appeals, under Article 136 of the Constitution ofIndia.

LAW SENATE

B3/73, Safdarjung Enclave, LGF,New Delhi -110029Tel : +91-11-26102873,[email protected]


15/16

MEMBERSHIP AND AFFILIATIONS

The Firm is a member of various chambers of commerce andprofessional bodies including Associated Chamber of Commerce,International Chamber of Commerce (ICC) India

The Partners are Members of

International Bar Association (IBA) International Council for commercial Arbitration (ICCA)

Asian Institute of International Law Supreme Court Bar association (SCBA) Arbitration Bar of India (ABI) Delhi High Court Bar AssociationIndian Council of Arbitration (ICA)Association for International Arbitration (AIA)


16/16

Law SenateB3/73, Safdarjung Enclave, LGF,

New Delhi -110029Tel : +91-11-26102873,26104773

[email protected]

What matters most to you, matters us...

Vibrant, progressive and bold, Law Senate is a Law Firm tomatch todays changing world. We do look forward to being ofservice to you.

Law Senate benefits from a team of multicultural lawyers andstaff, whose wide range of talents and backgrounds, includingdegrees from various high class universities, contribute

valuable knowledge, experience and creativity to the firm.Each member of the firm is at least bilingual and, dependingon the matter, work is performed in English, Hindi, Malayalam,Tamil, Telugu and other languages. Members of the firm alsoparticipate in professional organizations and academic lifeby publishing, lecturing at institutions and seminars, andattending national & international conferences. This providesus with an approach well grounded in both the theoretical andpractical aspects of legal issues, and assists us to anticipateglobal and local changes and to respond with innovative andappropriate solutions.

Law Senate Brochure

Documents

Transcript of Law Senate Brochure