Ritin Rai SA

Ritin Rai SA

Practice Profile


Admitted

  • 1995 India; 1999 New York
  • Designated a Senior Advocate by the Supreme Court of India – March 2019

Ritin started his career in 1998 as an Associate in the Business Practice Group of Jones Day in its Cleveland office before relocating to India to practice corporate law.  He transitioned to a disputes practice in 2004 when he joined the Chambers of Ashok H. Desai, a Senior Advocate and formerly Attorney General for India. Ritin has been designated a Senior Advocate by the Supreme Court of India in 2019.

Ritin brings his experience as a corporate lawyer to bear on a variety of commercial and regulatory disputes, including in company, competition, insolvency and telecommunications law.  His practice spans appearances in the Supreme Court of India, the High Court of Delhi, the commercial tribunals situate in Delhi and before arbitral tribunals.

Ritin accepts instructions to appear both as counsel and as arbitrator in arbitral disputes, and as an Indian law expert in courts or forums outside India. Ritin has acted as an arbitrator in arbitrations governed by ICC Rules and SIAC Rules, in addition to ad-hoc arbitrations where he has been appointed by the High Court of Delhi.

Ritin also teaches a course on the practice of commercial disputes at the Jindal Global Law School where he has been appointed Honorary Adjunct Professor of Law and Distinguished Professor of Legal Practice.

Since 2019, Ritin has been engaged in the following arbitral matters which may be disclosed:

  • Representation of Future Retail Limited in SIAC proceedings initiated by Amazon.Com NV Investment Holding LLC [not lead counsel]
  • Representation of Airport Authority of India in disputes relating to invocation of the force majeure clause contained in the Airport Authority of India leasing agreement before a panel of three retired Judges of the Supreme Court of India
  • Representation of the founder in disputes relating to his suspension / termination and conduct of inquiry against him (emergency arbitrator proceedings under SIAC Rules) [not lead counsel]
  • Representation of a consumer healthcare products company in disputes relating to investments made in the company by certain financial service providers before a panel of three retired Chief Justices of the Supreme Court of India
  • Representation of a Mauritius investment fund in disputes relating to the repayment on its investment in an Indian real estate company before a retired Judge of the Supreme Court of India
  • Representation of the exiting founder group in disputes relating to the terms of their exit, including non-compete obligations before a panel of 3 retired Judges of the Supreme Court of India
  • Representation of a shareholder group in disputes relating to the exercise of a call option (emergency arbitrator proceedings under SIAC Rules)
  • Representation of an Indian manufacturer of non-ferrous alloys in a dispute governed by LCIA India Rules arising out of a contract for the design, supply and commission of an aluminium mill
  • Representation of an Indian public sector company in a dispute governed by ICC Rules arising out of a contract for the supply of a hot strip mill at its steel plant
  • Representation of company in the Maire Tecnimont group in disputes arising out of an EPCC contract in a petrochemical complex (co-counsel with an Italian law firm)
  • Representation of an engineering construction company in disputes arising out of the termination of a contract for rural electrification before a panel of 3 retired Judges of the Supreme Court of India.
  • Representation of Siemens Limited in two separate disputes arising out of completion of electrical works in a thermal power plant before panels of 3 retired judges of the Supreme Court of India.

Representative matters since 2019 in the Supreme Court of India where Ritin has appeared are:

  • Representation of P. Singhla Constructions Pvt. Ltd. in proceedings related to whether the conduct of arbitral proceedings at a different location (following the appointment of a new arbitrator) would shift the place of the arbitration from the place fixed by the prior arbitrator (Judgment delivered on 18.5.2022)
  • Representation of the Resolution Professional in relation to claim by New Okhla Industrial Development Authority in insolvency proceedings of real estate companies (reported in New Okhla Industrial Development Authority v. Anand Sonbhadra 2022 SCC OnLine SC 631)
  • Representation of SAP India Pvt. Ltd. in proceedings relating to the application of the group company doctrine in Indian law (referred by the Supreme Court of India to a Constitutional Bench) (reported in Cox and Kings Ltd. v. SAP India Pvt. Ltd. & Anr. 2022 SCC OnLine SC 570)
  • Representation of Discovery Enterprises Pvt. Ltd. in disputes arising out of application of the group company doctrine in Indian law (reported in Oil and Natural Gas Corporation Ltd. v. Discovery Enterprises Pvt. Ltd. & Anr. 2022 SCC OnLine SC 522) [not lead counsel]
  • Representation of Augustan Textile Colours Ltd. in proceedings relating to the interplay between Sick Industrial Companies Act and Kerala General Sales Tax Act (reported in Augustan Textile Colours Ltd. v. Director of Industries & Anr. 2022 SCC OnLine SC 427)
  • Representation of Intercontinental Hotels Group (India) Pvt. Ltd. in proceedings relating to whether an arbitrator can be appointed if underlying agreement is unstamped (reported in Intercontinental Hotels Group (India) Pvt. Ltd. & Anr. v. Waterline Hotels Pvt. Ltd. 2022 SCC OnLine SC 83)
  • Representation of Arcelor Mittal Nippon Steel India Ltd. in proceedings related to sales tax liability under the Gujarat Sales Tax Act (reported in State of Gujarat v. Arcelor Mittal Nippon Steel India Ltd. 2022 SCC OnLine SC 76)
  • Representation of Future Retail Limited in proceedings relating to the status of SIAC emergency Arbitrator under Indian law (reported in Amazon.Com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. (2022) 1 SCC 209) [not lead counsel]
  • Representation of Indus Biotech Private Limited in disputes relating to the interplay between the Insolvency Code and the Arbitration Act, and to the constitution of a common arbitral tribunal by the Supreme Court of India (reported in Indus Biotech Pvt. Ltd. v. Kotak India Venture (Offshore) Fund & Ors. (2021) 6 SCC 436)
  • Representation of home buyer creditors of Jaypee Infratech Limited in in proceedings relating to the approval of an insolvency resolution plan (reported in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. NBCC (India) Ltd. & Ors. (2021) 5 SCC 624)
  • Representation of Medima LLC in proceedings arising out of an anti-arbitration injunction suit and proceedings to appoint an arbitrator, both filed by Balasore Alloys Ltd. (reported in Balasore Alloys Ltd. v. Medima LLC (2020) 9 SCC 136) [not lead counsel]
  • Representation of Cochin Port Trust in proceedings relating to the liability of shipping agents for storage and port charges (reported in Chairman, Board of Trustees, Cochin Port Trust v. Arebee Star Maritime Agencies Pvt. Ltd. & Ors. (2021) 11 SCC 641)
  • Representation of Quippo Construction Equipment Limitedin a jurisdictional challenge to the power of a court to entertain a setting aside petition in an arbitration seated outside its territorial jurisdiction (reported in Quippo Construction Equipment Ltd. v. Janardan Nirman Pvt. Ltd. (2020) 18 SCC 277)
  • Representation of Alimenta SA in proceedings by NAFED challenging a foreign award arising out of a FOSFA arbitration (reported in National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. (2020) 19 SCC 260) [not lead counsel]
  • Representation of Airvisual Limited in proceedings challenging an application to the Supreme Court to constitute the arbitral tribunal in a foreign seated arbitration (reported in Mankatsu Impex Pvt. Ltd. v. Airvisual Limited (2020) 5 SCC 399)
  • Representation of home buyer creditors of Jaypee Infratech Limited in proceedings relating to the scope of “financial creditors” under the Insolvency and Bankruptcy Code, 2016 (reported in Anuj Jain, Interim Resolution Professional for Jaypee Infratech Ltd. v. Axis Bank & Ors. (2020) 8 SCC 401)
  • Representation of Gammon Engineers and Contractors Private Limited in proceedings to challenge the constitutional validity of amendments made in 2019 to the Indian Arbitration and Conciliation Act, 1996 (reported in Hindustan Construction Company Ltd. & Anr. v. Union of India & Ors. (2020) 17 SCC 324)
  • Representation of Go Airlines (India) Limited in proceedings relating to the dismissal of its counter claim by an arbitral tribunal on the ground that it lacked jurisdiction (reported in Bharat Petroleum Corporation Limited v. Go Airlines (India) Ltd. (2019) 10 SCC 250)
    • St. Stephen’s College, Delhi University (B.A. (Honours) Economics, 1992)
    • Campus Law Centre, Delhi University (LL.B., 1995)
    • St. Catherine’s College, University of Oxford (B.C.L., 1997)
    • Harvard Law School (LL.M., 1998)