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sUSHMITA gANDHI FPD
​fellow Prime Dispute (FPD)

​Name: 
Sushmita Gandhi FPD
​
Location:  

India
Contact details: 
Detailed CV available on request from Prime Dispute. 
+919930788711

Qualifications: 
BSL, LL.B, FCIArb, FPD, Diploma in International Commercial Arbitration

Specialisation: 
Indian Law qualified attorney with common law experience of complex and high value international commercial arbitration, domestic arbitration, mediation and commercial litigation.

Languages:
English, Hindi, Bengali, Marathi

Regions served: 

UK, India and further international regions as requested
Industry Sectors:*​​​​​​​​​​
  • Corporate and commercial
  • Banking and Finance
  • Insolvency and Restructuring
  • Investments and treaties
  • Infrastructure and Construction
  • Commercial Disputes
  • Energy and Power


Practice Areas: *​​​  
  • Arbitration
  • Emergency Arbitrator
  • Mediation
  • Litigation
  • Specialist Panel​

Publications:
  • 1. ‘Conundrum in seeking interim reliefs for foreign seated arbitrations in India’, SCC Online (1 January 2021); 
    2. ‘A closer look at force majeure frustration of contract and impossibility to perform contracts during
    the covid 19 pandemic’ (Mondaq, 4 May 2020); 

    3. ‘Retrospective application of section 29A, Delhi High Court settles the issue’ (Mondaq, 10
    September 2020); 

    4. ‘Limiting the limitation, the curious case of limitation Act and IBC(Mondaq, 18 May 2020);
    5. ‘The War of Laws of Insolvency and Admiralty’ (Manupatra.com, May 2020)
    6. ‘The Impartiality conundrum: A critique on independence of resolution professional’
    (Manupatra.com, 26 August 2020).


​

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Background information: 
Sushmita Gandhi has been a litigation and alternate dispute resolution lawyer for more than 15 years in India. In the last 15 years, Sushmita has extensively advised large and mid-segment corporates and multinational companies on a variety of commercial disputes across sectors, including Banking & Finance, Insolvency & Restructuring related matters, construction contracts arbitrations. shareholder disputes and investment treaty arbitrations.

Sushmita Gandhi has handled several domestic and international arbitrations, representing clients in institutional arbitrations before SIAC, ICC and LCIA and have also advised on corporate and commercial disputes, appearing before a variety of forums, courts, and tribunals.

Sushmita Gandhi also has extensive expertise in handling proceedings against some of the biggest debt defaulters in India and have handled some of the large domestic and cross border insolvency litigation.


Recent Matters: 
​

A) Counsel / Legal Advisor [International and Domestic Arbitration]:
(i) Advised an Indian and Mauritius Fund in a USD 40 million arbitration proceedings arising out of a shareholder’s agreement, administered by Singapore
International Arbitration Centre
(ii) Represented a resolution professional of an Indian entity (under corporate insolvency resolution process in India) in arbitration proceedings arisen under a sale of goods agreement with a Chinese company, administered by Singapore International Arbitration Centre. The matter involved advisory on cross border insolvency laws.
(iii) Represented an Indian company against a Mauritian company in USD 125 million arbitration proceedings arising out of a contract for sale and purchase, administered by ICC.
(iv) Advised an Indian Fintech company in a shareholders’ arbitration for a claim of USD 30 million in relation to disputes pertaining to illegal exit and sale of shares to new investors, administered by SingaporeInternational Arbitration Centre.
(v) Advised and represented an Indian startup company in a shareholders’ dispute before Singapore International Arbitration Centre, in relation to entitlement of a promoter shareholder on his termination from the company.
(vi) Advised and represented a joint venture company of a large international construction company and a leading Indian realty and infrastructure company in a USD 40 million arbitration proceedings against the National Highways Authority of India, in relation to disputes under a concession agreement for construction of highway between Pune and Solapur.
(vii) Advised and represented a leading Indian realty and infrastructure company in a USD 50 million arbitration proceedings against the National Highways Authority of India and another leading infrastructure company in India, in relation to disputes under a concession agreement for construction of highway between Hospet and Chitradurga.
(viii) Advised and represented a reputed and large infrastructure company in three large construction arbitration against National Highways Authority of India for defaults in concession agreements.
(ix) Represented a Dubai company in a claim of USD 20 million against a Sri Lankan company in arbitration proceeding arising out of international sale of goods, administered by ICC.
(x) Represented a Singapore manufacturing company in an arbitration proceeding against an Indian company in relation to disputes arising out of a contract for services in India.

B) Counsel / Legal Advisor [Banking and Insolvency Litigation]:
(i) Represented an advised a leading Indian private bank in insolvency proceedings against a large Indian conglomerate (having one of the most popular television channels in India and globally) for default of over USD 480 million.
(ii) Represented an advised a leading Indian private bank in insolvency proceedings against a large Indian real estate company for default of over USD 310 million.
(iii) Represented an advised a leading Indian private bank in insolvency proceedings against a large Indian infrastructure company for default of over 113 million.
(iv) Advised and represented the resolution professional and the committee of creditors in the corporate insolvency resolution process of one of the first travel e-portal company’s insolvency proceedings for a default of USD 133 million.
(v) Advised an Indian bank in its recovery proceedings of USD 130 million against a large Indian conglomerate.
(vi) Advised and represented an Indian Bank against large Indian conglomerate.
(vii) Represented one of the leading asset reconstruction companies in India in a USD 65 million recovery proceedings against a large textile company.
(viii) Represented a UK Bank in insolvency proceedings against one of the biggest defaulters in India.

C) Counsel / Legal Advisor [Corporate and commercial disputes]:
(i) Advised and represented an Indian subsidiary of a Singapore headquartered bank in USD 100 million dispute in relation to misappropriation of fixed deposits for a group company loan, against a large non-banking financial company.
(ii) Advised a Singapore entity and its Indian subsidiary in a USD 60 million dispute arising out of a shareholder’s agreement with another Singapore entity.
(iii) Advised and represented a large Indian company in a shareholders’ dispute and family settlement of USD 55 million.
(iv) Advised and represented a US energy and wind manufacturer in a shareholders’ dispute of USD 90 million.
(v) Advised and represented an Indian bank (named as an offender) in a bilateral investment treaty arbitration between the Government of India and two European companies for a claim amount of USD 100 million.​


Detailed CV available on request from Prime Dispute. 

*Prime Dispute also provides a 'Formal Appointment Service', All our senior neutrals who are officially appointed will need to comply with our ' Formal Criteria' before nomination.
*Conflict checks would need to be undertaken prior to the neutral being formally appointed.

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