Anuradha Mukherjee

In the course of her 29 years of practice, she has been actively engaged in wide range of commercial and infrastructure arbitrations, including arbitrations involving disputes on EPC contracts, both domestic and international.  Anuradha has also defended and initiated institutionalized arbitrations, in addition to undertaking arbitration related proceedings before the courts, including appointment of arbitral tribunals, petitions for interim relief and proceedings relating to enforcement of awards (both domestic and international).  Anuradha has substantial experience in civil litigation at trial and appellate stages which include amongst others Employment disputes, Intellectual Property disputes, Land disputes, Enforcement of security, Recovery claims, and suit for specific performance.

Anuradha has represented the Government of Himachal Pradesh in its arbitration in relation- to the Wild Flower Hall heritage property near Shimla, instituted a suit before the Supreme Court of India in exercise of its original jurisdiction under Article 131 of the Constitution of India in the Bhakra Nangal Dam water sharing dispute, and filed a Public Interest litigation challenging the President of India’s power to re-promulgate ordinances.  Her range of clientele and her experience give her a well-rounded approach for strategizing and conducting litigation in both courts and other dispute resolution fora.

An indicative list of Anuradha’s disputes experience, includes, amongst others:

• Representing and advising companies and public sector undertakings with respect to blacklisting in tenders and commercial contracts and other challenges arising out of the tender process, and grant of mining leases before the High Court in writs.
• Representing and advising clients on contractual disputes which include civil and commercial litigation in relation to recovery of debts, for loss & damages suffered, issues arising from encashment of bank guarantees, injunctions, foreclosure of mortgage, in addition to enforcement and execution of decrees.
• Representing and advising power generating companies before Electricity Regulatory Commissions.

Arbitration and Pre-Arbitration Litigation:

• Representing and advising clients in commercial and infrastructure arbitrations, including pre and post arbitration litigation, such as grant of interim reliefs pending constitution of arbitral tribunals, appointment of arbitral tribunals, challenge to awards, and enforcement of awards both foreign and domestic.
• Representing and advising clients in arbitrations for disputes arising from EPC contracts, Road Projects, Oil and gas contract, Port related contracts, Airport Operation and Maintenance Agreements, Power Projects, Township Projects, shareholder disputes, foreign investor disputes, in addition to contractual claims of breach, loss and damages. Anuradha has represented both private party and State in arbitrations.

An indicative list of Anuradha’s representative matters in arbitration and arbitration related proceedings in the recent period includes:

• Advising and representing a short-term assignee, Essar Oil Limited (now Nayara Energy Limited), in a domestic arbitration arising out of claim filed by Indian Oil Corporation Limited. The dispute involved a ‘Pay For If Not Taken/ Take or Pay’ obligation under a long-term gas supply contract executed between Indian Oil Corporation Limited as Seller and Essar Steel India Limited as the Buyer.
• Advising Essar Power Hazira Limited in respect of a dispute arising out of a power purchase agreement entered into between our client and ArcelorMittal Nippon Steel India Limited. The dispute broadly revolves around interpretation of terms of the power purchase agreement and invocation of force majeure. Arbitration proceedings have been invoked by the opposite party.
• Represented and advised Larsen & Toubro Ltd. in international arbitration proceedings at Alberta Canada, against a claim filed by a Canadian company (Northwest Redwater Partnership) against manufacture and supply of spools from India to Canada for setting of Refinery. During the pre-arbitration process parties engaged in detailed discovery process and also went through both informal and formal mediation.
• Advising Arvos Energy Pvt Ltd (Ljungstrom Group) in a potential arbitration regarding certain EPC contracts.
• Advised and represented Sara International Private Limited in arbitration proceedings against South Eastern Railways for claim of damages. The Tribunal has unanimously awarded damages of INR 168 crores in favour of Sara. We are presently representing the client to enforce the award.
• Represented and advised Bharathi Cement Corporation Private Limited (part of the French Vicat Cement group) in a commercial arbitration arising supply of defective industrial filter bags used in cement manufacturing Plant.
• Represented Mumbai International Airport Limited, in domestic arbitration proceedings against Airport Authority of India, at New Delhi, in relation to disputes arising out of the Operation, Management and Development Agreement executed between the parties.
• Representing and advising Essar Bulk Terminal Limited against ArcelorMittal Nippon Steel India Limited in a captive port related dispute which involves disputes regarding the port services, amounts to be paid, including depth and draft to be provided and port security liability.
• Represented and advised M/s Star Wire (India) Vidyut Pvt. Ltd. in domestic arbitration proceedings with /s ISGEC Heavy Engineering Limited in relation to disputes pertaining to an EPC Contract between the parties over breach of the contractual obligations by ISGEC.

Other experience:

• Advised client, in their disputes arising in World Bank funded Infrastructure projects in Ghana and Liberia, Africa including blacklisting investigation and enquiry.
• Represented and advised United Nations Staff Association India in an appeal filed by all the individual employees before United Nations Disputes Tribunal and United Nations Appellate Tribunal.
• Represented Construction Companies in disputes and claims against NHAI on various highway infrastructure projects.
• Represented Smartcity (Kochi) Infrastructure Private Limited in their disputes against contractors relating to construction projects.
• Represented East India Petroleum Pvt. Ltd., against HPCL in an arbitration for recovery of dues.
• Represented the State of Himachal Pradesh in an arbitration involving a contractual dispute where the issues related to the contribution of heritage land by the State Government against participating in the shareholding of a joint venture company established for running of Wild Flower Hall Hotel.

Telecom:

• Represented ATC Telecom Infrastructure Ltd., a passive telecom infrastructure company, in an appeal challenging the arbitrability of a telecommunication dispute before the High Court.
• Represented ATC Ltd., in an arbitration in relation to claims arising from the lock-in period under the contract with Telecom companies.

Electricity Tribunal:

• Represented Azure group of Companies and Photon Suryakiran, both solar companies in various tariff related matters before the Appellate Tribunal for Electricity and various State Electricity Commissions.

• “Recommended Lawyer" for Dispute Resolution and Litigation, Legal 500 Asia Pacific 2021- 2023 Rankings

• Bar Council of Delhi, India