About Us

Kachwaha & Partners is a full service law Firm, with offices at Delhi and Mumbai (Bombay) and associate lawyers in most major cities of India. The main office of the Firm is in New Delhi, conveniently located next to the diplomatic mission area. It is easily accessible from all parts of Delhi as well as its suburbs.

The Partners and members of the Firm are senior professionals with years of experience behind them. They bring the highest level of professional service to clients along with the traditions of the profession, integrity and sound ethical practices.

Members of the Firm are in tune with the work-culture of international law firms as well as the expectations of large corporate clients. The Firm has amongst its clients multi nationals, embassies and leading Indian corporations.

Rankings

- Figures in Global Arbitration Review (GAR) 100 list of leading commercial arbitration firms.

- Ranked Tier 1 by Asia Pacific Legal 500 (2017) in the category of Dispute Resolution.

- Declared a "Winner" in by the Indian Business Law Journal in the category of Dispute Resolution regularly.

- Founding Partner, Sumeet Kachwaha figures in Band 1, Chambers Asia-Pacific in the Arbitration Section since 2009.

Other Activities / News:

- Partner, Sumeet Kachwah’s News X ‘Legally Speaking’ interview dated 9th July, 2017 (on Public Interest Litigation) (View here).

- The firm organises and conducts an annual all India student essay writing competition on arbitration (click here).

- The firm organises and conducts the South Asian Regional rounds of the Foreign Direct Investment International Arbitration Moot (click here).

Members

Sumeet Kachwaha

(Short CV)

1/6,Shanti Niketan,
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com

Mr. Kachwaha's practice focuses on corporate commercial laws, infrastructure projects, litigation and arbitration. He figures as a Band One lawyer in the Chambers Asia Arbitration Section from 2009 to 2015. He also figures in Who's Who International in five sections: Arbitration; Construction; Procurement; Government Contracts and Asset Recovery. He also figures as a "Leading Individual" in the Dispute Resolution section of the Asia Pacific Legal 500.

He has handled landmark litigation including the Union Carbide (Bhopal Gas Leak) case, where he worked directly under the team leader Mr. F.S. Nariman. This keenly contested case was then the largest damages action ever in the world.

Mr. Kachwaha has also appeared as an expert witness on Indian law in leading matters before the Courts of England & Singapore.

Testimonials :

  • "Senior partner Sumeet Kachwaha is a standout name in both litigation and arbitration, and one interviewee reveals that 'he is my first port of call for Indian legal issues'..."
    Chambers Asia 2012 - Dispute Resolution Section
  • "[ ] at London says: I have also been enormously impressed by Mr. Kachwaha's obvious in-depth and wide - ranging knowledge and expertise...."
    IBLJ Report declaring Kachwaha & partners a Winner [2013] in the Dispute Resolution category.
  • Sumeet Kachwaha and Dharmendra Rautray listed as "Experts" by Expert Guides in the category of Commercial Arbitration (2016).
    Guide to the World Leading Experts in Commercial Arbitration 2016
  • Sumeet Kachwaha is recommended for his command of the law and utmost integrity….one can trust him with anything.
    Chambers Global 2008 - Dispute Resolution Section
  • "Sumeet Kachwaha is revered in the alternative dispute circuit, with peers acknowledging him as 'one of the top guys in arbitration'. He also handles litigation cases and is acclaimed by clients for being 'very responsive, with clear and concise legal advise'.."
    Chamber Asia-Pacific 2015 - Dispute Resolution Section
  • "Sumeet Kachwaha, head of the litigation and dispute resolution department, is a notable name in arbitration and litigation, and overseas lawyers recommend him 'for any India-specific matter, particularly in cases where it's almost an unsolvable issue'..."
    Benchmark Asia - Pacific (2013)
  • "International counsel are impressed with the lawyers, who 'know their way around a courtroom, and give good input on strategy'. The 'proactive and imaginative' Sumeet Kachwaha is highly rated for both litigation and arbitration. 'He is unflappable, no matter how stressful it gets,' say interviewees, adding that 'he is totally straightforward' ... "
    Chambers Asia 2011-Dispute Resolution Section
  • "Sumeet Kachwaha is recommended for his 'command of the law and utmost integrity.' Sources add, 'he is entirely incorruptible - one can trust him with anything.'...."
    Chambers Global 2008 -Dispute Resolution Section
  • says ... a partner at Singaporean law firm Wong Partnership. 'We had a very good working experience and we were very satisfied'. 'Sumeet Kachwaha provided us with very good inputs on Indian laws as well as overall strategy.' Peter Rosell, legal counsel for Topsoe in Denmark, agrees: 'In view of his and his office's experience and high standing in India and in London we chose to engage him (Kachwaha) to assist us in a matter …… in New Delhi.' 'Their analytical ability and knowledge of the specifics of the relevant law and reference cases was impressive.'..."
    [Indian Business Law Journal (Hong Kong) - 2009)]
  • "In relation to Kachwaha & Partners disputes team, one client reports: 'Sumeet has been very excellent. He is very responsive and his advice is clear.' 'Sumeet Kachwaha is a prominent figure who is well known as counsel for both litigation and arbitration matters.'.."
    Chambers Asia 2011 - Dispute Resolution Section
  • "Sumeet Kachwaha, has reputation for being a sound litigator..."
    Chambers Asia 2016 - Dispute Resolution Section
  • The 2010 & 2011 Editorial Section of Who's Who Legal (Construction) states: "In India, Sumeet Kachwaha of Kachwaha & Partners is 'very personable' and 'gives very clear advice'. He specialises in issues related to infrastructure projects...".

    Click here for detailed CV of Sumeet Kachwaha

Sumeet Kachwaha

(Detailed CV)

1/6,Shanti Niketan,
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com

Education :

  • LL.B, Faculty of Law, University of Delhi; B.A. (Hons.) English Literature, Delhi University.

Year of Enrollment :

  • 1979

Background :

  • Trained in JB Dadachanji & Co. (then amongst the foremost law firm of India) and worked under Senior Partner, Mr. Dadachanji and later under Mr. Kapil Sibal (then Additional Solicitor General of India and later Law Minister of India).
  • Set up own practice in 1983 and practiced as Junior Counsel. Founded the Firm Kachwaha & Partners in 2002.

Positions :

  • Currently Vice President APRAG (Asia Pacific Regional Arbitration Group).
  • Currently Member Advisory Board, KLRCA (Kuala Lumpur Regional Centre).
  • Former Co-chair in a subcommittee of the International Construction Project (ICP) committee, IBA.
  • Former Chair, Dispute Resolution and Arbitration Committee, Inter Pacific Bar Association (IPBA). Currently Deputy Programme Co-ordinator IPBA.
  • Former Programme Co-ordinator IPBA.
  • Panel of Arbitrators - KLRCA; SIAC; CIETAC; HKIAC; Singapore Institute of Arbitrators; Indian Council of Arbitration, Shenzhen Court of International Arbitration.

Professional Experience :

1. Arbitration Experience :

Illustrative list :

  • Recently succeeded in a very high value arbitration where the sums unanimously awarded were USD 197 Million approx. This was an international commercial arbitration involving complex questions where we represented a Mid-East Government Company. The Award was recently upheld by the Single Judge and the Division Bench of the Delhi High Court.
  • Representing a Mid-East Government Company in an ongoing SIAC arbitration for a claim of USD 65 million involving issues of fraud and misrepresentation.
  • Recently won an over USD 100 million Award for an Australia Coal Mining Company in an ICC arbitration against a Government of India Company. Also successfully handled enforcement of Award in the Delhi High Court.
  • Represented an Indian major corporation against a US multinational in an ICC action for damages on the ground of fundamental failure of technology in a steel plant supplied. This was ultimately settled.
  • Arbitration claim of USD 1.1 billion filed by an Indian power company against a US company. Represented the US company and the matter was settled within two years.
  • Handled arbitration on behalf of USA based Construction Company the Dabhol Power Project (arising out of a sub-contract). Published award rendered.
  • Successfully represented a US major fertilizer company in three arbitrations against Indian Government Companies (trade disputes).
  • Handled over 18 arbitrations on behalf of a Government Engineering company relating to housing construction projects in Kuwait (all disputes settled).
  • Handled arbitration arising out of the first BOT road construction project in India, before a tribunal comprising of 3 former Chief Justices of India (claim 4 Million USD).
  • Advised an Indian Company in the construction of a 100 km road project in Afghanistan funded by USAID.
  • Recently concluded an arbitration before a Mumbai seated ad hoc arbitral tribunal arising out of an EPC Contract (power plant) where the claim amount was in excess of USD 35 Million (matter ended in settlement).
  • Currently handling enforcement of a LCIA award on behalf of a French Telecom Company for an amount of over USD 25 million.
  • Handled an arbitration on behalf of a Malaysian Construction Company arising out of a road construction project where claim amounts exceeded USD 40 million.
  • Currently handling an arbitration before a former Supreme Court Judge of India on behalf of the State of Madhya Pradesh arising out  of computerization of State Agricultural Marketing Board operations where claim amount is in excess of USD 20 Million.
  • Experience as Arbitrator: Appointed Sole Arbitrator in several arbitrations by the High Court of Delhi in which awards have been rendered. Appointed as party nominated Arbitrator in several arbitrations including under the SIAC & HKIAC Rules.

2. Litigation Experience :

Landmark cases handled :

  • Appointed amicus curiae by the High Court of Delhi in 5 writ petition pertaining to statutory breach of duty by electricity companies.
  • Union Carbide Case – this was one of the largest damages case ever in the world. The case was litigated for about 2 years in the United States – right from the District Court to the Supreme Court of the USA and thereafter in India for many years. Worked directly under the team leader, Mr. F. S. Nariman.
  • Represented DLF (land Development Company) in several important matters including successfully resisting cancellation of licence for DLF Phase I (a housing colony spread over approximately 2000 acres). Also represented DLF in relation to its Bangalore Project (400 acre land development project). Represented them in the Supreme Court in Raghubir Singh Case (Constitution Bench Land Acquisition Compensation case).
  • Oleum Gas Leak Case of Delhi (in 1985) on behalf of the Sri Ram Group of Companies. This involved over 5000 individual suits arising out of an industrial accident, which were ultimately settled by the Supreme Court of India. This was again a landmark case where the Supreme Court laid down significant principles of environmental law and liability.
  • Handled dispute on behalf of a Danish Company before the Competition Commission against a German Manufacturer (predatory pricing action).
  • Handled a cross-border dispute on behalf of a major oil company (Exxon Mobil) in the Indian and Singapore Courts. Gave expert opinion in the Singapore Court of Appeal (highest Court of Singapore) on Indian Law.
  • Represented three successful licensees of telecom mobile licenses in the first round of allotment of telecom license in 1994. This was a leading case argued before the High Court as well as Supreme Court of India.
  • Represented a Municipal Authority in a procurement dispute in the Supreme Court of India pertaining to construction railway over bridges.
  • Currently representing a leading Korean Engineering & Construction Company in a matter arising out of collapse of a Cable Stayed Bridge, in which 48 persons lost their lives.
  • Currently handling criminal complaints on behalf of a leading Hong Kong based Infrastructure Company.
  • Currently representing clients before the Hyderabad courts in a road construction matter.
  • Expert Witness: Appeared as expert witness on Indian law before the High Court of England (QBD) in relation to claims filed by victims in the Taj Hotel terrorist attack case (2013).  Also rendered expert witness testimony in Singapore Courts.

3. Corporate Commercial Experience :

Illustrative list :

  • Advised and drafted contracts for two solar power companies for small solar power projects in the State of Gujarat and Maharashtra (2010).
  • Handled the entire telecom work for the RPG Group upon the privatization of the sector (1994 to 2000). This included all legal documentation relating to basic license, cellular licence, paging licence and other telecom ventures.
  • Handling work for the Ford Foundation for over 18 years including in relation to several multi-million dollar loan agreements with Indian parties (micro financing).
  • Advised Siemens AG, Germany in relation to two procurement projects viz Delhi Airport Express Metro Link Project and Electric Locomotive Factory at Madhepura and currently advising several multinational on procurement laws and policies of India.
  • Advised the International Finance Corporation (World Bank Group) on boosting tourism infrastructure in the Buddhist Circuit.
  • Involved in all documentation work for the Dabhol Power Project Phase II and LNG Project of Enron. Also advised Bechtel (the largest construction company in the world) as part of this project.
  • Handled entire legal work in relation to the Venkatesh Coke and Power Project Plant near Chennai and drafted all agreements in relation to the project.
  • Advised and drafted EPC Contracts, JV Agreements, Technology Transfer Agreements, contracts and commercial arrangements.
  • Advised and closed a JV Agreement between an Austrian Company and a large Indian Business Group for setting up a plant in Maharashtra. Involved with complete documentation on behalf of the 50% Indian JV Partners.

Publications :

  • Co-author, India Chapter – “The International Comparative Legal Guide to: International Arbitration”, Global Legal Group, 12th Edition, 2017.
  • Author, Arbitration Guide – India Chapter, International Bar Association Arbitration Committee, May 2016.
  • Co-author, “PPP Problems”, India Business Law Journal, Volume 9, Issue 9, April, 2016.
  • Article - The White Industries Australia Limited – India BIT Award – A Critical Assessment, (2013) 29 Arbitration International, Issue 2, pp. 275–293.
  • Article – ‘The New Challenges and Opportunities for India in Bilateral Investment Treaties’, Emerging Issues 7117, Lexis Nexis (2013).
  • Article – “Interim Relief: Comments on the UNICTRAL Amendments and the Indian Perspective”, TDM 4 (2012) in CILS – 7th Biennial Symposium on International Arbitration and Dispute Resolution.
  • "Construction and Infrastructure Disputes: A Global Handbook" - India Chapter, published by Globe Law and Business, UK, Pp. 205-216, (2013).
  • “Airport projects in India: Cleared for take-off”; published by Construction Law International Journal, Volume 3 Number 1 (March 2008).
  • Enforcement of Arbitration Awards in India; published by Asian International Arbitration Journal,  (2008) Volume 4, Number 1, [Page 64-82].
  • The Indian Arbitration Law: Towards a New Jurisprudence; published by Sweet & Maxwell: The International Arbitration Law Review, (2007) Int A.L.R.13.
  • Risk Allocation – Green Field Airports in India – published by The Big Project – (Dubai) (2007).
  • Arbitration Law of India – A Critical Analysis; published by Kluwer; Asia International Arbitrational Journal, Volume 1, Number 2, [Pages 105 -126] 2005.
  • Contributing to Annual India Country Reports on Legal Rights of Borrowers & Lenders for the World Bank since 2005.

Member :

  • Supreme Court Bar Association
  • International Bar Association
  • Inter Pacific Bar Association
  • LCIA
  • International Arbitration Club (U.K)
  • Swiss Arbitration Association
  • International Academy of Construction Lawyers (Founding Fellow)
  • Fellow, Singapore Institute of Arbitrators

Speaking Engagements of Mr. Sumeet Kachwaha:

  • 2012: Speaker, Dublin IBA Conference on ‘Airport Capacity and the Modern Infrastructure Changes’.
  • 2012: Speaker, Kuala Lumpur Regional Centre for Arbitration on “Effective Dispute Resolution: A Malaysian & Indian Perspective.’
  • 2012: Speaker, Centre for International Legal Studies Symposium on International Arbitration, Salzburg. 
  • 2011: Panellist, IBA Annual Conference at Dubai on ‘Anti –corruption Measures in Infrastructure Projects: Moving from Preaching to Practice.’ 
  • 2011: Speaker, Institute of Chartered Accountants of India, Certificate Course on Arbitration Act New Delhi. 
  • 2011: Speaker, APRAG Conference in Kuala Lumpur on ‘The Supervisory Jurisdiction of Courts in the Asia Pacific Region.
  • 2011: Speaker ICC FraudNet Conference at Hong Kong on “Fraud and malpractice- A South East Asian Perspective.’
  • 2010: Panellist AIJA seminar in Mumbai on “Enforcement of foreign arbitral awards in India; what is the situation today?
  • 2010: Speaker International, Dispute Resolution Conference in Kuala Lumpur on ‘Pitfalls & Remedies in International Arbitration: Country Perspective’.
  • 2010: Panellist IPBA Annual Conference at Singapore on Cross Border Multinational Liability for Mass Torts.
  • 2010: Panellist IPBA Annual Conference at Singapore in Joint Session with SIAC on arbitrations in East Asia.
  • 2010: Speaker CPR Annual Conference at New York on Arbitrations in India.
  • 2009: Speaker IBA Annual Conference, Madrid on Nuclear Power Projects – (‘Indian Experience on Nuclear Commerce and Liability Issues’).
  • 2008: Speaker; IPBA Annual Conference at Los Angeles on Expediting Dispute Resolution in the Construction Industry.
  • 2008: Speaker; ICC – KLRCA joint seminar at Kuala Lumpur on Arbitration Clause in International Arbitrations.
  • 2008: Panellist in a Conference organised by KLRCA in conjunction with its 30th Anniversary at Kuala Lumpur on Survey of Court Attitudes in Developing Countries to Arbitrations.
  • 2007: Speaker; ICC Commission Bi-Annual meeting in Singapore on Arbitration in India.
  • 2007: Speaker; Asia Maritime Law Conference organized by the Maritime Law Association of Singapore on “Duty of Good Faith” in marine insurance.
  • 2007: Speaker; Regional Arbitration Conference organised by the Malaysian Institute of Arbitrators at Kuala Lumpur on Evolving Judicial Attitudes to Arbitration.
  • 2007: Speaker; IPBA Annual Conference at Beijing on Airport Privatisation in India.
  • 2007: Moderator; IPBA Annual Conference at Beijing – Panel Discussion on Dispute Resolution in Beijing & London Olympics.
  • 2006: Speaker in conference organized by Society of Construction Law at its international conference at Singapore on Dispute Resolution models in Indian Construction Industry.
  • 2006: Speaker; IPBA Conference, Sydney on Independence and impartiality of experts in international arbitrations.
  • 2006: Participated in a panel discussion in IPBA conference at Sydney, on ‘Pitfalls facing foreign litigants in the Asia Pacific Region’.
  • 2006: Participated in a panel discussion in IPBA conference held at Sydney on ‘Construction and contractual issues in an offshore wind power project’.
  • 2005: Panellist in Singapore International Arbitration – CIDC Joint Seminar on Standard Form Contracts in Infrastructure Contracts.
  • 2005: Participated as “counsel” in Mock Arbitration under AAA Rules held at Bali as part of IPBA Annual Conference.
  • 2005: Conducted a workshop on Infrastructure: Engineering and Building Contracts organized by ALB Singapore at New Delhi.
  • 2004: Participated in a panel discussion in a Conference held in New Delhi, conducted by ICC Paris on Dispute Boards in the context of the new ICC Dispute Board Rules.
  • 2004: Conducted a seminar for the Law Society of Singapore on "Dispute Management in India".
  • 2004: Speaker; NOIDA Management Institute – “The issue of costs in International Arbitration and how to control costs in arbitrations”.
  • 2004: Conducted Workshop in the ALB Legal Summit, New Delhi on “Strategizing Complex Litigation”.
  • 2004: Panellist; Inter Pacific Bar Association, Seoul Conference – “Is International Arbitration broke, and if so how to fix it”.
  • 2004: Conducted Workshop in the ALB Legal Summit, Singapore on “Outsourcing to India - Legal Aspects”.