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PRATEEK BAGARIA

PARTNER

prateekbagaria@singularitylegal.com

+91 98200 25813

+91 22 4976 5861 Ext. 103

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Prateek is a partner at Singularity Legal. He holds an LL.M in International Disputes Settlement from MIDS, a course jointly organised by University of Geneva and Graduate Institute. He specialises in advising energy & resources, construction & infrastructure, shipping & trade companies and institutional investors in shareholder and joint venture disputes, operational disputes and sovereign dispute. He also represents athletes and sports federations in anti-doping and other sports disputes.

His range of experience includes advising clients in international arbitrations under various rules like ICC, SIAC, LCIA, ICDR, FCC, LMAA, CAS and UNCITRAL; international mediations under the rules of SIMC and SMC; in cross-border disputes before courts in India, Indonesia, Israel, Singapore, Turkey, Mauritius, United Arab Emirates, United Kingdom, and United States of America; and in investment and tax treaty disputes.

He also acts as a strategic counsel in cross-border investments, joint venture and trade deals. He has a passion for advising on law of radical technologies and businesses.

COMMERICAL DISPUTES

Energy, Resources & Infrastructure

Arbitration

  • Representing a Singaporean and an Indian company in an arbitration concerning breach of a consortium agreement for a rig conversion project against an Abu Dhabi shipyard (SIAC Rules, Singapore seated, Singapore law)

  • Representing two Singaporean companies in an arbitration against its ex-managing director of the oil and gas division and his companies for breach of fiduciary duties and non-compete agreement (SIAC Rules, Singapore seated, Singapore law)

  • Representing two Indian companies in an arbitration under a joint-venture agreement for construction of a thermal power plant against a Korean sovereign company (SIAC Rules, Singapore seated, Indian law)

  • Representing an Indian company in an arbitration concerning the termination of a contract for the construction of an ethanol and power plant in Philippines against an Australian employer and Filipino co-contractor (SIAC Rules, Singapore seated, English law)

  • Advising an Indian company for its dispute against the Turkish employer relating to the construction of a circulating fluidized bed combustion boiler in Istanbul, Turkey (ICC Rules, Turkey seated, Turkish law)

  • Advising a Singaporean company in its dispute with a Dubai company, arising out of non-payment of dues under a coal trading contract (SIAC Rules, Singapore seated, Singapore law)

  • Advising a Turkish company in an arbitration concerning termination of a contract for renovation of highways in Kazakhstan against a Kazakh state-owned enterprise (SIAC Rules, Singapore seated, Kazakh law)

  • Representing a Singaporean and an Indian company in an ad-hoc arbitration concerning termination of a contract for conversion of a mobile offshore drilling unit to a mobile offshore production unit, against an Indian state-owned enterprise (India seated, Indian law)

  • Representing an Indian company against its project manager in an ad-hoc arbitration for refund of advances under a profit-sharing agreement (India seated, Indian law)

  • Advising an Indian company in two ad-hoc arbitrations concerning termination of two contracts for construction of oil tankage platforms against an Indian state-owned enterprise (India seated, Indian law)

  • Advising a global litigation funder for its investment in a portfolio concerning construction all over India including freight corridor, elevated roads, scientific warehouses, hydroelectric projects, headrace tunnel, and metros (India seated, Indian law)

  • Assisting a South Korean petrochemical company in conducting an investigation with regards to its ongoing arbitration against an Indian oil and gas joint venture of three public sector undertakings (India seated, Indian law)

  • Advising an Indian company in its dispute against an Indian state-owned oil & gas entity under an EPC contract for civil construction in Lucknow (India seated, Indian law)

Litigation

  • Advising Singaporean companies in several civil and criminal disputes against local partners and directors of an Indonesian coal mining and logistic operations concerning fraud and diversion of business (Singapore High Court and Indonesian courts)

  • Advising an Indian oil & gas company in its dispute against a Singaporean drilling equipment and services’ provider (Indian National Company Law Tribunal)

  • Representing a South Korean sovereign bank against an Indian oil and gas public sector undertaking in relation to Dahej Petrochemical plant (Gujarat High Court)

Private Equity & Finance

Arbitration

  • Representing a Hong Kong based private equity in an arbitration against an Indian conglomerate and its promoter, for securing exit in terms of the investment agreement (ICC Rules, Singapore seated, Indian law)

  • Representing an Indian media company in an arbitration against a Hong Kong bank’s private equity arm, for alleged misrepresentations and fraud under the investment agreement. (SIAC Rules, Singapore seated, Indian law)

  • Representing a Finnish sovereign bank in an ad-hoc arbitration with an Indian real estate developer borrower, for default in re-payment of loans (FCC Rules, Helsinki seated, Finnish Law)

  • Representing an American private equity in an ad-hoc arbitration an Indian real-estate developer, for breach of the condition subsequent in the investment agreement (India seated, Indian law)

  • Representing an American private equity in an ad-hoc with an Indian publishing house, for securing exit in terms of the investment agreement (India seated, Indian law)

  • Representing a Kuwaiti private equity an ad-hoc arbitration against an Indian logistics company, for securing exit in terms of the investment agreement (India seated, Indian law)

  • Representing a Mauritian private equity in an ad-hoc arbitration with an Indian retail conglomerate for violation of non-compete and exclusivity covenants under the investment agreement (India seated, Indian law)

  • Advising an Indian investor in its dispute related to its investment in construction of a technology park in India against the majority shareholder for fraud and oppression (India seated, Indian law)

Litigation

  • Advising two Singaporean companies in their dispute against a multinational bank for its wrongful demand for repayment for the monies under the facility agreement (Singapore High Court)

  • Representing an American private equity and its American subsidiary in a litigation against bond holders of an Indian company, arising out of sale of assets by the Indian company to the US subsidiary (Bombay High Court, India)

  • Advising an Indian investor in his dispute against the English joint venture partner with respect to his investment in an English bespoke jewellery designing software company (UK High Court, Queen’s Bench Commercial Division)

  • Advising a South-Korean sovereign bank in their dispute with respect to the wrongful invocation of performance bank guarantee (Gujarat High Court, India)

Shipping & Insurance

Arbitration

  • Advising a Singaporean shipping company in a charter party arbitration against an American company (LMAA Rules, London seated, English Law)

  • Advising a Singaporean company in charter party dispute against a Bahamian shipping company (LMAA Rules, London seated, English Law

Litigation

  • Advising an Indian company in an insurance litigation against an Indian underwriter under a hull and machinery insurance policy (UK High Court, Queen’s Bench Division)

  • Advising a Singaporean company in charter party dispute against an Italian company (Singapore High Court)

Sports & Entertainment

Arbitration

  • Advising Indian and Singaporean promoters of a sports broadcasting company in their dispute against an American multinational media company (SIAC Rules, India seated, Indian Law) 

Litigation

  • Advising an Olympic Boxer to defend doping charges a few months before the Tokyo Olympics (National Anti-Doping Appeal Panel)

  • A public interest litigation challenging the constitutional validity of India’s National Anti-Doping Code (Delhi High Court)

  • Representing 4 Powerlifting Athletes that were tested positive for doping at the 44th National Games, India (Delhi High Court)

  • Representing an Indian company in a copyright dispute with a film writer over copyrights over remake of a Bollywood movie (Bombay High Court, India)

Pharmaceutical & Medical Devices

Arbitration

  • Representing Indian shareholders in an arbitration against an American company, for anti-dilution in breach of a joint venture agreement, and oppression (SIAC Rules, Singapore seated, Indian law)

  • Representing an Indian company in an ad-hoc arbitration against a Canadian seller, for pre-acquisition fraud and misrepresentation of share title and intellectual properties (India seated, Indian law)

Litigation

  • Representing an Indian company in their dispute with an American law firm, for non-payment of legal fees (US District Court, Massachusetts)

IT & ITES

Arbitration

  • Representing an American company in an arbitration against an Indian gaming company, for non-payment of contractual dues under a software development contract (ICDR Rules, New York seated, New York law)

  • Representing an American corporation in an ad-hoc arbitration against an Indian company, arising from an alleged wrongful termination of a business process outsourcing contract (India seated, Indian law)

Others

Arbitration

  • Representing an Indian company in an ad-hoc arbitration against a Belgium based distributor, for wrongful termination of an electric car distribution agreement (India seated, Indian law)

  • Litigation

  • Advising an Indian fiber exporter in its dispute with a leading Singaporean supplier of yarns and fabrics (Singapore High Court)

  • Representing an Israeli company in an insolvency proceeding against an Indian creditor for non-payment of dues (Indian National Company Law Tribunal)

  • Representing a German company and its Chinese and Indian subsidiaries in their dispute with an Indian company, for alleged deficiency in supply of solar pumps (Jalgaon District Court, India)

  • Representing a German company in their dispute with an Indian subsidiary of a German distillery, for non-payment of contractual dues (Madras High Court, India)

  • Representing a UAE aircraft services company in enforcement of a SIAC award against an Indian helicopter services company. (Bombay High Court)

  • Representing one of the largest financial consulting firms in its dispute with an Indian company, for non-payment of fees. 

TREATY DISPUTES

Investment Treaties

  • Representing a multinational telecom company in their dispute under India-Netherlands BIPPA.

  • Representing a private equity in their dispute under India- Mauritius BIPPA.

  • Representing the Russian Federation in defending the enforcement of the annulled award in favor of Yukos Oil Company before the Delhi High Court.

Tax Treaties

  • Representing a Cypriot investment company in challenging the constitutional validity of actions of the Republic of India in contravention of the India-Cyprus DTAA and VCLT.

  • Representing an American pension fund in seeking an advance ruling on violation of non-discrimination provisions of the India-US DTAA by India.

  • Representing a British institutional investors in challenging the constitutional validity of application of minimum alternate tax in violation of the India-UK DTAA.

  • Representing an American asset management company in an advance ruling on taxability of a certain sums in terms of the India-US DTAA.

  • Representing an American multinational in an advance ruling on taxability of gains arising from transfer of certain foreign assets under the India- Netherlands DTAA.

  • Representing an American private equity in an advance ruling on taxability of certain sums in terms of India- Mauritius DTAA

WHITE COLLAR DISPUTES

  • Advising an American company, one of the largest trading houses in the world, in cross-border white collar and regulatory dispute relating to the Rotomac scam in India.

  • Advising an Indian fiber company in its criminal dispute against the Egyptian buyer for fraud and non-payment of dues.

  • Advising a Mauritius private equity in relation to the Jagan Mohan Reddy scam in India.

  • Advising a private equity firm in an investigation in connection with the 2G spectrum scam in India.

  • Advising a whole-time director accused in the Satyam scam in India and related class-action proceedings in USA and UK.

  • Advising an Indian national accused to be an accomplice in the Raj Rajaratnam scam in USA.

CROSS-BORDER DEALS

  • Advising Turkey’s largest power distributor in setting up a 500 MW LNG power plant in Aceh, Indonesia.

  • Advising a Singaporean and an Indonesian company on a coal mining and infrastructure joint venture with local partners in Indonesia

  • Advising an Israeli defense company in a joint venture with an Indian partner.

  • Advising an Israeli travel company in a joint venture with an Indian company.

  • Advising an Israeli satellite company in tenders for an Indian state-owned telecom company.

  • Advising an Indian company on a dredging joint venture with a Malaysian company.

  • Advising an Israeli governmental company in a joint venture with an Indian company to bid for a lumpsum turnkey project to develop a sea water reserve osmosis plant.

  • Advising two Indonesian companies with respect to the validity of their performance guarantees under Indonesian law under a facility agreement governed by Singapore law (Indonesian courts)

  • Representing a Mauritian fund in a litigation against LPs in a mismanagement action and other regulatory enquires (Supreme Court of Mauritius)

SPEAKING ENGAGEMENTS

  • The growth of international arbitration in Asia in just a phase, in due course, it will be just a haze (ICC YAF, Goa)

  • Disputes involving Indian parties or Indian law (Expert talk, Singapore)

  • Is mediation going to be a legitimate alternative to arbitration from 2018 under Singapore’s leadership? (Kluwer arbitration conference, Istanbul)

  • Understanding Construction and Energy Projects in India, Malaysia and Indonesia & Resolving Disputes (Expert Talk, Ankara)

  • Doing Cross-Border Business and Resolving Disputes in South & East Asia (Expert Talk, Tel Aviv)

  • Training on Emergency Arbitration Procedure (YSIAC, New Delhi)

  • Role of Institutions and Experts in Assessing and Managing Claim Assets (MCIA, Mumbai)

  • Third Party Funding (Corporate Counsel Association of India, Mumbai)

  • International Tax Disputes: Improving MAP and Mandatory Dispute Settlement (University of Vienna)

  • Whether India Should Sign the Washington Convention? (Government Law College, Mumbai)

PAPERS PUBLISHED AND PRESENTED

  • Enforcement of awards annulled at the seat of arbitration. (IBA Committee’s ‘Arbitration News’ in June 2017)

  • Why India should adopt a foreign investment law and what it should contain. (TDM India Special Report in 2017)

  • Affixing state liability for corruption in infrastructure sector. (Work-in progress conference: Issues in International Dispute Resolution, University of Missouri School of Law, 2017).

  • BIT Arbitration – What tax treaties can learn from past mistakes. (The 4th Meeting of the Vienna multi-stakeholder group on Improving Cross-border Dispute Resolution, 2017)

  • International commercial arbitration: law and recent development in India. (The Journal of BRICS Legal Studies, and East China University of Political Science and Law)

• Winner- Legal Era’s 40 under 40 Rising Star of the year (2018)

• Finalist- Asian Legal Business Managing Partner of the year (2019)

• Finalist- Asian Legal Business Dispute Resolution lawyer of the year (2019)

• Future Leader, International Arbitration and Dispute Resolution- Benchmark Litigation, Asia Pacific (2020)