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Experience

Our team at EP Advocates maintains a special focus on the areas of practice discussed below. The experience discussed in this page is indicative and further details can be shared on request.

Engineering and Construction Disputes

 

  • Our Principal, Prateek Mishra, successfully advised and represented a leading Indian private-sector engineering company in a domestic arbitration presided over by a retired Justice of the Supreme Court of India arising out of an Engineering, Procurement and Management Consultancy Contract (EPMC) against an Indian state-owned oil & gas production company. The arbitration was governed by the Rules of the Delhi International Arbitration Centre. The amount in dispute including interest exceeded USD 1.3 million.
  • Prateek Mishra advised a leading Indian engineering and construction company on issues relating to commencement of an arbitration including the filing of a Request for Arbitration before the Arbitration Institute of the Stockholm Chamber of Commerce. The underlying dispute related to an Engineering, Procurement and Construction Contract awarded to the client to establish a coal-fired power plant in Senegal.
  • Prateek Mishra has advised a Special Purpose Vehicle established by three Indian state-owned companies in responding to a Request for Arbitration in an ad-hoc arbitration commenced under the UNCITRAL Rules over disputes arising out of an Engineering, Procurement, Construction and Commissioning Contract for a petrochemical complex that was being set up in Gujarat, India. The claims raised related to the extension of time, escalation of costs, financial costs, wrongful retention and non-payment.
  • Prateek Mishra advised and acted for a leading Spanish company renowned for the construction and implementation of projects in the energy and industrial sector and its Indian subsidiary, based in Visakhapatnam, on various aspects of their arbitrations against certain Indian companies. The disputes in these arbitrations related to procurement and construction activities to be carried out by the Company at several Indian ports. The arbitrations primarily involved claims for additional works, non-payment of dues, delay/failure in performance, wrongful encashment of bank guarantees, indemnification, and damages for breach.
  • Prateek Mishra advised and represented a leading Indian construction company in an arbitration involving claims exceeding USD 2 million, being presided over by a retired Judge of the Supreme Court of India in Mumbai. The dispute involved the attribution of liability for delay caused in a highway construction project; entitlement to damages on account of such delays; and entitlement towards the escalation of prices on account of the delay caused. The arbitration was governed by the [Indian] Arbitration & Conciliation Act, 1996.
  • Prateek Mishra advised an Indian State-owned oil and gas company on the potential implications of the termination of a Long-Term Services Agreement (constituting maintenance and parts supply contracts) with an American multinational conglomerate in the energy sector, including in relation to circumstances that could trigger the termination, consequences of such termination as per the contract, and assessment of potential damages to be paid by the terminating party.

Insurance Law

  • EP Advocates recently successfully defended the National Insurance Company in arbitration proceedings commenced by a leading PVC Vinyl and Leather supplier in connection with claims under a Standard Fire & Special Perils (SFSP) policy and a Fire Loss of Profits (LOP) Policy. The claims in the case exceed INR 15 Crore.
  • We are presenting National Insurance before a Commercial Court in Delhi in a Suit filed in connection with a Bankers’ Indemnity Policy. The case concerns fraud committed by an employee of an insured bank and repudiation of the connected claim.
  • We are representing and advising NIC before the National Consumer Disputes Redressal Commission (NCDRC) in Revision Petitions as well as First Appeals. The experience in this regard includes claims filed under the Gopinath Munde Farmers Accidental Insurance policy as well as other cases concerning SFSP Policies issued by NIC.
  • We are representing NIC before the Delhi High Court in a writ petitions as well as petitions under Section 11 of the Arbitration & Conciliation Act, 1996.
  • We are representing NIC before the Delhi State Consumer Disputes Redressal Commission in three complaints filed by a Power Transmission company under a Contractors' All Risk Policy. We are also representing NIC in cases relating to Erection All Risk (EAR) policies.
  • Our Principal, Prateek Mishra, is also engaged as Advocate for New India Assurance Company Limited (New India) before the Delhi High Court and the National Consumer Disputes Redressal Commission (NCDRC). This includes advising and representing NIA in matters connected with the Motor Vehicles Act, 1988.

Insolvency & Bankrutpcy

  • EP Advocates recently advised the Financial Creditors of Engineering Professional Company Private Limited in connection with the insolvency of the Corporate Debtor before NCLT Ahmedabad.

  • EP Advocates has routinely advised and acted for Dish TV India Limited and Dish Infra Services Private Limited, involved as Operational Creditors and Stakeholders, in insolvencies that include Videocon Industries Limited, Trend Electronics, Shop CJ and Television Home Shopping Network.

  • Prateek Mishra has previously advised and represented the resolution professional of an Engineering, Procurement and Construction company that was admitted to insolvency by the National Company Law Tribunal. The advice and representation related to the performance of the duties and obligations and conduct of the insolvency resolution process by the Resolution Professional appointed by the tribunal. The proceedings, which continued in the form of diverse interlocutory applications over a period exceeding two years touched upon various aspects of the [Indian] Insolvency & Bankruptcy Code, 2016. This process resolved a debt exceeding USD 1.05 billion.

  • Prateek Mishra advised and represented the Lenders / Committee of Creditors of a corporation that is India’s leading Fast Moving Consumer Goods companies, admitted to insolvency by the National Company Law Tribunal, in various supervisory hearings before the said tribunal. Services rendered ranged from issues involving analysis of eligibility of various resolution applicants to appearing before the tribunal and justifying the resolution plan approved by lenders using the various parameters laid down under the [Indian] Insolvency & Bankruptcy Code, 2016. At the time of admission into insolvency, the company was among India’s 12 largest non-performing assets. This process resolved a debt exceeding USD 1.6 billion.

  • Advised and represented the Liquidator of one of India’s largest shipbuilding The process is being administered by the National Company Law Tribunal, Mumbai. The representation included making submissions before the tribunal on various aspects of the liquidation process as is contemplated under the [Indian] Insolvency & Bankruptcy Code, 2016. The debt sought to be resolved exceeds USD 1.5 billion

  • Advised and represented an Asset Reconstruction Company (Resolution Applicant) incorporated under Indian law in relation to advocacy and approval of its resolution plan for the insolvency resolution of a group of Indian telecommunication companies, where the process was being administered by the National Company Law Tribunal, Mumbai. The total debt sought to be resolved exceeded USD 2.5 billion.

  • Advised and represented the Lenders / Committee of Creditors of in a corporate insolvency resolution process of multiple entities incorporated to operate and maintain a large township located between two major Indian cities – Mumbai and Pune, and catering to the hospitality, tourism and education sectors. Represented the lenders in seeking a consolidation of the insolvency processes of various group companies in the interest of a complete resolution to the debt of the relevant group. The total debt sought to be resolved exceeded USD 1.08 billion.

  • Assisted one of India’s leading public-sector Oil & Gas companies in drafting and filing a resolution plan for an insolvent company in the business of operating an oil refinery in South India. Advised the client’s management on the minimum requirements for filing the plan as per the insolvency resolution that was being conducted including that mandated by the [Indian] Insolvency & Bankruptcy Code, 2016.

Copyright and Trademarks

  • Advised the asset-holding company of a Singaporean multi-asset exchange with respect to queries raised concerning its disputes with a subsidiary of one of India’s leading stock exchanges over the termination of a license agreement for stock and futures-related data, indices and intellectual property. Advised on issues including subsistence of intellectual property rights over the closing prices reported by an exchange in relation to individual securities traded. Also advised on various issues relating to the [Indian] Civil Procedure Code, 1904 as well as the [Indian] Companies Act, 2013. The opinions provided were relied upon by the client in its India-seated arbitration proceedings.

 

  • Represented a leading Bollywood film-production and distribution company before the Bombay High Court to obtain protective orders for the company and its directors in relation to a criminal complaint filed before the Economic Offences Wing attached to the State of Maharashtra, over allegations of violation of certain provisions under the [Indian] Copyright Act, 1957, regarding payment of royalties to song-composers and lyricists.

Professional Services

  • Accounting Firms: We have represented chartered accountants and auditors in civil litigation and criminal investigations in a wide array of matters concerned with the duties, obligations and ethical responsibilities laid down under the Chartered Accountants Act, 1949. 

  • Architects and Design Consultants: We have also advised and represented architects and design consultancy companies on matters connected with the regulation of the profession under the Architects Act, 1972.

  • Credit Rating: We have advised and represented credit rating agencies and professionals in criminal investigations conducted by SEBI and SFIO on matters connected with the duties and responsibilities of credit rating agencies in rating the instruments of NBFCs.

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