Ritin Rai SA

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.

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.

Representative matters since 2020 in the Supreme Court of India where Ritin has appeared are:

• Representation of Surendra Jiwrajka in proceedings challenging the validity of provisions of the Insolvency and Bankruptcy Code of India relating to personal guarantors (reported in 2023 SCC OnLine SC 1530)
• Representation of SAP India Pvt. Ltd. and Kirloskar Brothers Ltd. before a Constitution Bench considering the applicability of the group company doctrine in Indian law (Judgment delivered in December 2023)
• Representation of SPCP Luxembourg Strategies S.A.R.L. in proceedings relating to the classification of compulsorily convertible debentures under insolvency law (reported in 2023 SCC OnLine SC 1529)
• Representation of Chennai Metro Rail Ltd. in proceedings relating to potential disqualification of an arbitral tribunal on account of unilateral fixation of fees (reported in 2023 SCC OnLine SC 1370)
• Representation of the State of Goa in proceedings relating to the challenge to an arbitral award arising out of a power purchase agreement with Reliance Infrastructure Ltd. (reported in 2023 SCC OnLine SC 604)
• 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 (2023) 1 SCC 724)
• 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 (reported in (2023) 1 SCC 693)
• Representation of Weatherford Drilling International (BVI) Ltd. in proceedings relating to reliance on unstamped arbitration agreements (reported in 2022 SCC OnLine SC 1464)
• 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) 8 SCC 42) [not lead counsel]
• Representation of SAP India Pvt. Ltd. in proceedings relating to the application of the group company doctrine in Indian law (reported in Cox and Kings Ltd. v. SAP India Pvt. Ltd. & Anr. (2022) 8 SCC 1)
• 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) 7 SCC 662)
• 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) 6 SCC 626)
• 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) 6 SCC 459)
• 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 Limitedin 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 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 Trustin 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 SAin 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 creditorsof 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)

Since 2020, 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 groupin 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 groupin disputes relating to the exercise of a call option (emergency arbitrator proceedings under SIAC Rules)
• Representation of an Indian manufacturer of non-ferrous alloysin 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 companyin 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 Tecnimontgroup in disputes arising out of an EPCC contract in a petrochemical complex (co-counsel with an Italian law firm)
• Representation of an engineering construction companyin 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