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Nakul Dewan

Independent Advocate practising from Maxwell Chambers, Singapore

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Clerks' direct contact:
+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com

Practicing from Singapore, Delhi and London, Nakul Dewan accepts appointments both as counsel for international arbitration and international litigation and as arbitrator drawing on deep experience and market know-how for disputes and international law advice in the following work types and sectors:

International arbitration
Banking and finance
Construction/ engineering/ technical
Corporate (joint venture/shareholder/partnership disputes)
International commercial law, including media and telecommunications
Mining , energy and natural resources

In the course of a 16 year career at the Bars of England and Wales, India and Singapore, Nakul has appeared in numerous cases in these sectors before trial and appellate courts in all three jurisdictions, as well as in international arbitrations. He brings a significant level of experience as an advocate and cross examiner for complex trials, interim applications, injunctions, appellate hearings, jurisdictional disputes and enforcement matters. He is well equipped to deal with all hearings and stages of the dispute resolution process including to assist in oral and written advocacy, including drafting statements of case, skeleton arguments, witness statements, memorials, appeal documents and opinions.

Nakul has appeared as Counsel in setting aside and enforcement proceedings relating to international arbitration awards in all three jurisdictions. He has also been appointed as arbitrator by the SIAC,ICC,LCIA and for ad hoc appointments and is recommended in Legal 500 Asia Pacific: UK Bar 2018.

 

 

Specialisations: 

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 and 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.

Education and Career: 

Deans’ Award, Ministry of Education, Government of Singapore through New York University School of Law.

Certificate for Superior Appellate Advocacy Skills, Stetson University, Florida, USA.

Founder President, Students for the Promotion of International Law (SPIL).

Associate Adjunct Professor at National University of Singapore 2016/2017.

Publications: 

Books:

Enforcing Arbitral Awards in India: published by Lexis Nexis in 2017

Other publications:

Swerving on a Straight Drive: Carzonrent can drive its arbitration challenge in India

Bar & Bench, July 2015

Singapore’s Proposed International Commercial Court:The Antidote to an ill of International Arbitration?Asian Dispute Review, April 2014

To “seat” or not to “seat”:Art thou relevant!! SIAC, January 2014

Energising Security for Costs:Three realities yawing the boat!! LCIA India, Vol.1 Issue 1. 2012

Bankruptcy & Arbitrability: Public Interest Considerations must be weighed, SIAC, July 2011

The Threshold of Reason, Singapore Arbitrator, July 2009, 3 SINARB

Drafting Arbitration Agreements with Consolidation in Mind, Asian International Arbitration Journal, (2009) Vol 5 No. 1 (Co-authored)

‘Wither’ or ‘Whether’ to Consolidate International Arbitration Proceedings, Mealey’s International Arbitration Report, Vol 24 #3 March 2009 (Co-authored)

Indian Law: Singapore Arbitration, Singapore Arbitrator, July 2008, 3 SINARB

Arbitration in India:An Unenjoyable litigating jamboree!, Asian International Arbitration Journal, (2007) Vol. 3 No. 1

Revising the Appointment of Judges:Will the Executive Initiate a Change?, Journal of Indian Law Institute.April-June 2005.Vol 47. No.2

Interim Measures in Arbitration proceedings:A comparison of the English and Indian Laws, International Business Law Journal, Paris, France.(IBLJ) 6th ed, 2003