Members
1/6,Shanti Niketan,
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com
Sumeet Kachwaha
Sumeet’s practice focuses on corporate commercial laws, infrastructure projects, litigation and arbitration. He figures in Band One in the arbitration section in Chambers Global and also in Chambers Asia Pacific from 2009 onwards. Sumeet is recognized as a ‘Thought Leader’ by Who’s Who Legal in relation to Construction. He also figures in Who’s Who International in five sections: Arbitration; Construction; Procurement; Government Contracts and Asset Recovery. Mr. Kachwaha figures as a “Leading Individual” in the Dispute Resolution section of the Asia Pacific Legal 500. He also ranks in IBLJ’s “A List” of “India’s Top 35 Lawyers”.
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.
Sumeet has stood in as an expert witness on Indian law in landmark matters before the Courts of England & Singapore.
Appointed amicus curiae by the High Court of Delhi in two disputes including the US$ 2 Billion dollar bilateral investment treaty dispute between Vodafone and the government of India (the first BIT dispute to arise before Indian courts). The decision of the court dated 7th May, 2018 generously acknowledges Sumeet’s assistance (View here).
Sumeet Kachwaha’s News X ‘Legally Speaking’ interview on Arbitration telecast on 5th August, 2017 (View here).
Sumeet Kachwaha’s News X ‘Legally Speaking’ interview on Public Interest Litigation telecast on 9th July, 2017 (View here).
Sumeet’s academic writings have been referenced by the Law Commission of India in its Report dated February 2015 [Supplementary to Report No. 246 on Amendments to Arbitration and Conciliation Act, 1996]
Testimonials
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- “The standard of Sumeet’s output is several notches above the offering of other Indian peers.” “He is a widely known figure in the arbitration market.”
Editorial section, Who’s Who Legal- Arbitration (2023)
- “Sumeet never fails to produce work of a very high international standard” “He has a regular roster of high-profile clientele”
Editorial Section, Who’s Who Legal – Thought Leaders, Construction (2022)
- “Sumeet Kachwaha at Kachwaha & Partners is identified by respondents as one of India’s top construction arbitration specialists. His speciality lies in international infrastructure disputes, with nearly 40 years’ experience in the area.”
Who’s Who Legal – Construction (2019)
- “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
- “Sumeet demonstrates an excellent grasp of construction law. He is particularly well versed in disputes with an Indian element.”
Editorial section, Who’s Who Legal- Construction (2024)
- “[ ] 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 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 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
- “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 attracts praise as a “prominent lawyer” with nearly 40 years’ experience in this space and expertise spanning the whole spectrum of disputes. He is particularly noted for his handling of high-profile arbitrations and litigations covering such issues as asset recovery, construction and government contract. One source observing that when it comes to arbitration, ‘he has a good command of whatever he does.’ ”
(Chambers Asia 2018 – 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
- 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…”.
- “The standard of Sumeet’s output is several notches above the offering of other Indian peers.” “He is a widely known figure in the arbitration market.”
1/6,Shanti Niketan,
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com
New Delhi 110021, India
Ph:+91(11)41661333
Fax: +91(11)24110763
Email: skachwaha@kaplegal.com
Sumeet Kachwaha
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 firms 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 Member Advisory Board, AIAC (formerly known as the Kuala Lumpur Regional Centre).
- Former Chair, Dispute Resolution and Arbitration Committee, Inter Pacific Bar Association (IPBA).
- Former Vice President APRAG (Asia Pacific Regional Arbitration Group).
- Former Programme Co-ordinator, IPBA.
- Former Co-chair in a subcommittee of the International Construction Project (ICP) committee, IBA.
- Panel of Arbitrators – KLRCA; SIAC; CIETAC; HKIAC; Singapore Institute of Arbitrators; Indian Council of Arbitration; Shenzhen Court of International Arbitration; Hainan International Arbitration Court; THAC; SCIAHK, IIAC, DIAC.
Professional Experience
1. Arbitration Experience
llustrative 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 subsidiary of the Sovereign Wealth Fund of the State of Qatar). The award was upheld by the Single Judge and the Division Bench of the Delhi High Court.
- Acting for the same client in several on-going matters/ disputes in relation to an investment in India.
- 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.
- Advising Korean EPC Contractor in relation to two mega multi dollar power projects.
- 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).
- Handled 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.
- Handled 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.
- Appointed amicus curiae by the High Court of Delhi in the Vodafone – India Bilateral Investment treaty dispute arbitration (decision of the court dated 7th May, 2018 generously acknowledged Mr. Kachwaha’s assistance).
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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 petitions 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 Project in South India (400 acre land development project). Represented the same client in the Supreme Court in Raghubir Singh Case (Constitution Bench land acquisition compensation case).
- Oleum Gas Leak Case of Delhi (in 1985). This involved over 5000 individual suits arising out of an industrial accident, which were ultimately settled under the aegis of 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 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.
- Represented 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.
- Handled criminal complaints on behalf of a leading Hong Kong based Infrastructure Company.
- Currently representing clients before the Hyderabad courts in a road construction matter.
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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
llustrative list:
- Advised and drafted contracts for two solar power companies 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 several multinationals on procurement laws and policies of India.
- Advised the International Finance Corporation (World Bank Group) on a project for 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
- The White Industries Australia Limited – India BIT award – A Critical Assessment, (2013) 29 Arbitration International, Issue 2, pp. 275–293.
- “PPP Problems”, India Business Law Journal, Volume 9, Issue 9, April, 2016.
- ‘The New Challenges and Opportunities for India in Bilateral Investment Treaties’, Emerging Issues 7117, Lexis Nexis (2013).
- “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.
- The Rule Against Bias and the Jurisprudence of Arbitrator’s Independence and Impartiality, SIAC – Asian International Arbitration Journal; Volume 17, Issue 2 (2021).
- Pros and cons of foreign seated arbitration, India Business Law Journal, (2021).
- India Chapter – “The International Comparative Legal Guide to: International Arbitration”, Global Legal Group, 20th Edition, 2023.
- India Chapter – “The International Comparative Legal Guide to: Construction and Engineering”, Global Legal Group, 10th Edition, 2023.
- Arbitration Guide – India Chapter, International Bar Association Arbitration Committee, January, 2017.
- Third-Party Litigation Funding: Overview (India), Thomson Reuters (2023).
- India Guide on Insurance, Thomson Reuters (2023)” in the Publications Section.
- Deconstructing the Russia Sanctions and its impact on India, Mondaq (2022).
Member
- Patron Member of the Bar Association of India
- 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
- LAWASIA Lifetime Patron Member
