Nakul practises from Singapore, Delhi and London. He accepts appointments both as counsel, for international arbitration and international litigation, and as arbitrator.
He specialises in disputes and international law advice relating to banking and finance, construction and engineering, corporate (joint venture/shareholder/partnership disputes), international commercial law (including media and telecommunications), mining, energy and natural resources.
Nakul brings a significant level of experience to complex trials, interim applications, injunctions, appellate hearings, jurisdictional disputes and enforcement matters. He has appeared as counsel in setting aside and enforcement proceedings relating to international arbitration awards in all three jurisdictions.
He has been appointed as arbitrator by the SIAC, ICC and LCIA, and also accepts ad hoc appointments.
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Example cases
- Counsel for an Indian law, London-seated dispute conducted under ICC rules relating to patent infringement under a settlement agreement with claims in excess of US$100 million.
- Counsel for 12 consolidated Singapore-seated disputes under Singapore law conducted underSIAC rules relating to sale of Indonesian coal, with claims related to carriage and quality.
- Counsel for an English law governed dispute seated in Singapore and conducted under UNCITRALarbitration rules, arising out of a settlement agreement relating to a contract of affreightment.
- Counsel for an Indian law, Singapore-seated dispute conducted under SIAC rules, arising out of a business transfer agreement executed between an Indian company and a Japanese company relating to claims for purchase price adjustment, misrepresentation and warranties.
- Counsel for an Indian law, Indian-seated dispute conducted under SIAC rules arising out of a share purchase agreement and an escrow agreement relating to the sale of a leading hospital chain in the National Capital Territory of Delhi to a Dubai-based hospital conglomerate.
- Counsel for an Indian law, Singapore-seated dispute conducted under SIAC rules relating to the acquisition of shares of a leading below-the-line advertising business by a leading UK company.
- Counsel for an Indian law, Singapore-seated dispute conducted under ICC rules in relation to private equity investment and the exercise of put options.
- Counsel for a Singapore law, Singapore-seated dispute relating to investment in a real estate company.
- Counsel for an Indian law governed ad hoc arbitration seated in India relating to a joint venture company in relation to a US$545 million oil pipeline dispute where the claims and counterclaims are over US$1 billion.
Banking and finance
Disputes arising out of investment agreements entered into by private equity funds in various sectors, including telecommunication, real estate, manufacturing, distribution and IT, including enforcing or defending exit options rights, as well as protection of investment.
Advising on the securities and exchange regulatory regime in India.
Recent instructions include:
- Acting as lead counsel for a Hong Kong based private equity fund in relation to a $15 million dispute relating to Put Options.
- Acting as lead counsel for a Cyprus based private equity fund in relation to a $30 million claim.
- Acting for Philippine banks, in relation to their defence of a $368 million claim.
- Acting as lead counsel for a Singapore company in a dispute arising under a convertible loan agreement.
- Acting as lead counsel in a matter relating to the invocation of a US$75 million Bank Guarantee.
Commercial law
A broad spread and depth of industry expertise in international commercial disputes including real estate, manufacturing, distribution and IT, media, technology and telecoms.
Recent instructions include:
- Instructed as lead counsel for the Respondent in relation to claims and counter-claims related to exclusive media rights for North America and Canada for the Indian Premier League Cricket tournament for the years 2008-2010.
- Advising a Fortune 500 European Company in respect of asset purchase agreements in Korea.
- Acting as lead counsel for the Government of an Asian country in defending claims in the sum of US$ 40 million in relation to a dispute over its national airline.
- Acting as lead counsel in two connected arbitrations relating to the sale of three electric transformer businesses, where the claims and counter-claims are over US$25million.
Construction / projects and infrastructure
Disputes involving the construction of power plants, including thermal and hydro-electric power plants, mining, wind energy, engineering and design contracts, buildings and manufacturing plants.
Recent instructions include:
- Instructed as lead counsel for a major air-conditioning company, where the claims and counter-claims arose from a US$40 million construction contract.
- Instructed as lead counsel for the Claimant in claims and counter-claims relating to the collapse of a fitting out berth in a dry-dock in Mumbai, India. The claims and counter-claims are in the region of US $54 million.
- Defending a steel major in respect of construction claims for a blast furnace in a Euro 12 million dispute.
Corporate
Numerous shareholder disputes arising from Shareholders Agreements and Share Purchase Agreements entered into by foreign investors with Asian counterparties including multiple parties. These include disputes relating to creeping acquisitions, rights related to conversion of shareholdings, shareholders take over and control, rights related to management of companies and tax obligations.
Recent instructions include:
- Acting for minority shareholders of a JV company – claims and counterclaims in the region of US$20 million.
- Instructed as lead counsel in respect of a shareholder dispute regarding a joint venture between a European and Asian Company – sum in dispute 30 million Euros.
- Advising corporate investors in relation to an investment treaty arbitration against and Asian government.
- Defending an Asian government in an investment treaty action against them.
- Acting for shareholders in a shareholders dispute arising out of a US$30 million acquisition of a media company.
Mining, energy and natural resources
Numerous instructions for energy, oil & gas and mining and resources companies, financial institutions, institutional investors, sponsors, governments and contractors including for up-stream mid-stream and down- stream disputes.
Recent instructions include acting as lead counsel:
- For a joint venture company in relation to a $545 km oil pipeline dispute in India, where the claims and counter-claims are over $1 billion.
- For a major steel company in relation to a coal trading dispute in the sum of US$20 million.