Adhiraj Malhotra

Adhiraj Malhotra

COUNSEL
  • harshal.morwale@singularitylegal.com
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Adhiraj is a Managing Director at Singularity Legal. He holds a Bachelors of Laws & Legal Studies from Government Law College, University of Mumbai. He is admitted to the bar in India. Adhiraj is a registered practitioner with full rights of audience before the Astana International Financial Center Court (AIFC) and International Arbitration Centre (IAC). Additionally, Adhiraj is also pursuing his license to gain rights of audience as a Solicitor before the Courts of England & Wales. Adhiraj has 10 years of experience in complex inter-partes shareholder disputes, commercial litigation, securities and maritime laws in India. He also has extensive experience in domestic and international arbitrations with seats across India, Europe, Middle East and South-East Asia including Bilateral Investment Treaty arbitrations under various rules like ICC, SIAC, LCIA, LMAA, ICDR, UNCITRAL, PCA, DIAC.
COMMERCIAL DISPUTES
Energy, Resources, Infrastructure & Construction
Litigation
  • Representing a large private equity fund backed subsidiary in mismanagement proceedings inter alia entailing diversion of funds by local promoters of the Company, in a government power contract for the setting up of 400MW hydro power project.
  • Representing a leading liquid bulk and dry cargo service provider in a ~US$ 10 million claim against a state owned major Indian port inter alia arising out of non-performance of a tender contract.
  • Representing the majority overseas shareholders of an infrastructure and logistics company in a derivatives claim arising out of misappropriation and siphoning of funds, diversion of business opportunities before Courts in India.
Arbitration
  • Representing a renowned Indian supplier of petroleum coke in international arbitration proceedings under the London Maritime Arbitrators Association (LMAA) against a global energy and resources conglomerate in a petcoke supply contract.
  • Representing a global consulting company in an Ad-Hoc construction arbitration seated in India arising out of disputes on methodology and quality of services for the integration of a smart city.
  • Representing a Swiss multi-national commodity trading company in a US$ 200 million construction arbitration claim against India's leading real estate company under a leasing contract.
Maritime & Shipping
Litigation
  • Advising a multi-national integrated logistics company in several contractual disputes inter alia transgressing issues of maritime lien, demurrage, ship arrests before multiple Indian Courts.
  • Advising a domestic importer and trader inter alia involved in ship-breaking operations in a maritime claim against an international shipping line before Indian Courts, comprising issues of jurisdiction and wrongful detention of vessel.
  • Representing a Middle-Eastern marine service provider against an Indian shipbuilding company in an international arbitration and execution proceedings in India.
Arbitration
  • Representing and advising an Indian cement manufacturer company in an ICC arbitration seated in London and enforcement proceedings of a US$30 million foreign arbitral award in India against a nowdefunct conglomerate with interests in oil & gas, shipping, bulk cargo and telecommunications.
Aviation
Litigation
  • Representing a Singaporean aircraft leasing company against re-possession of aircrafts from a now defunct domestic airlines, including recovering claims through sale of assets in liquidation proceedings instituted before Indian Courts.
  • Representing an Irish aircraft leasing company against outstanding rentals and re-possession of aircrafts from a now defunct domestic airlines, through institution of recovery proceedings in Indian Courts.
Complex Inter-Partes Shareholder Disputes
Litigation
  • Representing a Canadian entrepreneur in a shareholder dispute relating to a 49% stake in an information technology park setup valued at US$ 220 million.
  • Representing a minority shareholder of a large container freight logistics company in oppression and mismanagement proceedings, inter alia involving complex issues relating to diversion of corporate business opportunities.
  • Represented an American private equity fund to safeguard their US$ 100 million investment for setting up a hydel power plant against misappropriation of funds arising out of fraudulent and willful mismanagement of a joint-venture company.
  • Represented the legal heir of an Indian High Net Worth Individual in safeguarding interests in ownership control of an investment vehicle with underlying value of US$ 30 million, inter alia against illegalities by rogue de jure directors acting under instructions of a shadow director.
IT, ITES & Cloud Services
Litigation
  • Advised an American multinational technology corporation in suo moto petitions arising out of dissemination and circulation of sexually violent criminal acts on social media platforms and internet and drawing up framework and guidelines for mutual cooperation between intermediaries and law enforcement agencies.
  • Representing the directors of a global SAP digitalization and GIS analytics solutions provider in criminal proceedings instituted owing to allegations of incomplete works and failed payments.
  • Representing a global IT services, consulting and business solutions conglomerate in domestic arbitration proceedings inter alia on issues of exclusion of time and limitation. Arbitration
  • Representing a global IT services, consulting and business solutions conglomerate in arbitration proceedings against a real estate developer, in relation to a failed smart city project.
Real Estate & Asset Reconstruction
Litigation
  • Representing an Indian entity in a contractual dispute arising out of the acquisition of a 204-acre land parcel belonging to now defunct Korean automotive manufacturer.
  • Representing a batch of lenders before Indian Courts against a prominent real estate developer inter alia seeking protective orders including through attachment of assets and seizure of private property of promoters on account of willful dissipation of funds.
Advisory
  • Advising one of India's premier luxury real estate developers in their US$ 100 million deal on issues relating to willful degradation of asset by the sellers.
  • Advising an Indian real estate developer in regulatory infringements surrounding a US$ 50 million purchase of an industrial plot of land.
Testamentary & Administration of Wills
Litigation
  • Representing the executor of a deceased High Net Worth individual over a disputed will.
  • Representing a deceased member of a joint family, through legal heirs under a concluded, binding and subsisting memorandum of family arrangement against 1/4th undivided share in an ancestral property valued at over US$ 30 million. Advisory • Advising the patriarchal majority promoter of India's biggest real estate developer in their US$ 5 billion personal internal restructuring and succession planning, including identification and categorization of assets amongst class of legal heirs.
Taxation
Litigation
  • Representing a global telecommunications conglomerate in appellate proceedings before High Courts and Quasi-Judicial Tribunals instituted by the Indian Income Tax Authorities arising out of legacy transactions spanning multiple assessment years relating to the acquisition of a Mauritian entity whereby it indirectly gained control of the Indian telecom business entity resulting in allegations of withholding tax and capital gains.
  • Representing an Ultra High Net Worth Individual in proceedings arising out of the Black Money Act and liabilities of wealth tax inter alia relating to overseas funds.
  • Representing an Indian joint-venture entity set up for promotion of Formula One in India, under a race promotion contract on issues pertaining to a 'permanent establishment' under the India-UK Double Tax Avoidance Agreement.
Treaty Disputes
Investment Treaties
  • Representing a global telecommunications conglomerate in a US$ 3.79 billion investment arbitration claim under the Netherlands-India BIT, on the issue of an imposition of a retrospective tax implication.
  • Representing a global diversified natural resources company in a US$ 3.9 billion investment arbitration claim under the India-United Kingdom BIT, arising out of a capital gain tax implication.
  • Representing a publicly traded Indian entity in a US$ 560 million arbitration under the India-Indonesia BIT, on issuance of overlapping licenses leading to a failed coal mining project.
  • Representing a Sovereign Wealth Fund in an investment arbitration under the India-UAE BIT, over the cancellation of a bauxite supply project surrounding concerns of the tribal people in the region.
Securities & Exchange Disputes
Quasi-Judicial
  • Representing an Indian life insurance company in appellate proceedings seeking refund of US$ 33 million arising out of alleged mis-selling of life insurance products.
  • Representing India's largest news media company and its promoters in multiple legacy proceedings relating to allegations of non-disclosure, fraudulent manipulation, insider trading before India's capital markets regulator.
  • Representing a publicly listed Indian mining conglomerate in proceedings before India's capital market regulator and securities tribunal relating to investor complaints.
Litigation
  • Representing a publicly traded Indian multinational electronics company against India's capital market regulator.
  • Representing India's largest news media company in proceedings relating to alleged foreign exchange violations.
  • Representing an Indian life insurance company in proceedings relating to refunds of US$ 11 million arising out of alleged collection of premiums under a defunct insurance cover for home loans.
Mergers & Acquisitions
  • Representing the holding companies of a global telecommunications conglomerate inter alia relating to the merger of 10 entities undertaken for better control and oversight.
  • Representing a global telecommunications conglomerate inter alia relating to a merger with a publicly traded Indian telecommunications conglomerate for creation of India's largest telecom operator.
  • Representing a multinational commodity trading company in intervention proceedings in ongoing demerger process of India's largest real estate entity, owing ongoing arbitration proceedings and allegations surrounding lack of notice to creditors.
Cross Border Deals
  • Advising a cloud service affiliate of a Japanese telecommunications company in the acquisition of a 55 acres data center facility in a project worth US$ 5.5 billion.
  • Advising a leading global investment business in a US$ 2 billion investment for acquisition of industrial land to set up data centers.
  • Advising an Australian property logistics provider in acquisition of industrial land for setting up of a logistics park.
  • Advising a global pharmaceutical company in a US$ 200 million asset sale to an India pharmaceutical company.
  • Advising an Isle of Man registered fund in a US$ 25 million stake sale of their majority shareholding in an Indian entity with investments in a large road infrastructure project in India.
White Collar Disputes
  • Advising a British national in criminal proceedings in India, emanating from legacy shareholder disputes in a joint-venture for setting up of an information technology park valued at US$ 220 million.
  • Advising a Canadian national in multiple criminal proceedings emanating from shareholder disputes surrounding investments into the setup of an information technology hub.
Speaking Engagements
  • ‘Howdy 2020' organized by Innospec Inc. in collaboration with Enmarol Petroleum India Private Limited. [Topic: Penalties and Enforcement Mechanism relating to 2020 Sulphur Regulations issued by the International Maritime Organization under the International Convention for the Prevention of Pollution from Ships (“MARPOL”)]
Publications
  • 'WhatsApp Leak Case' – SAT overturns imposition of penalty by SEBI, co-authored with Sneha Jaisingh, published in Lexology (Link)
INDIA
  • 1809-1810, One Lodha Place,
    Senapati Bapat Marg, Lower Parel, Mumbai - 400013
UNITED ARAB EMIRATES
  • Level 41, Emirates Towers, Sheikh Zayed Road, Dubai, UAE
    PO Box 31303
SINGAPORE
  • 138 Market Street, #24-01 CapitaGreen, Singapore 048946
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