Arbitration Claims for construction projects
The lawyers of our Law Firm possess experience of very professionally and successfully handling arbitration cases involving claims ranging from Rs.5 crores to 10,000 crores. Mr.Gagan Anand, Managing Partner, Mr. Vinay Kumar, Partner, Ms. Sadiqua Fatma, Partner and Mr. Sanjiv Sharma, Principal Associate Advocate of the Law Firm are regularly handling number of arbitration cases and related court cases on behalf of various clients of the Law Firm.
Our Managing Partner Mr. Gagan Anand possesses experience of having successfully defended counter claims worth Rs.68,000 crores on behalf of a Malaysian company in international commercial arbitration proceedings. Each year, he personally handles few selected high stake arbitration cases generally involving contentious claims exceeding INR 100 crores (USD 16 Million).
High Value Arbitration Claims in respect of PPP mode National Highway Projects
A team of lawyers of Legacy Law Offices led by Mr. Gagan Anand, Managing Partner successfully represented the Concessionaire company in arbitration proceedings pertaining to “Four Laning of Rohtak – Panipat Section of NH-71A from km 0.00 (km 63.00 of NH 10) to km 80.858 (km 83.39 of NH-1) in the State of Haryana under NHDP Phase III on Design, Build, Finance, Operate and Transfer (“DBFOT”) basis”. The Arbitral Tribunal awarded an amount over Rs.100 crores including interest in favour of the Concessionaire company and against the Respondent National Highways Authority of India (NHAI).
Ms. Sadiqua Fatma, Partner along with other lawyers based at the Delhi office of Legacy Law Offices successfully represented the Concessionaire i.e. Nagpur-Seoni Expressway Limited in the arbitration case for pursuing claims in respect of “Design, Construction, Development, Finance, Operation, and Maintenance of the work of Rehabilitation & Upgrading to four lane from KM 5961750 to KM653/225 on NH-7 in the state of Madhya Pradesh under North South corridor (NHDP Phase-II) on Build Operate & Transfer BOT (Annuity) Basis”. The claims filed on behalf of the Concessionaire included claim on account of delay in payment of Semi-Annuities, claim on account of non-payment of Revised Semi Annuity, claim for reimbursement of extra costs towards Over Heads, Financing and Contingent Expenses and Interest during construction. The Arbitral Tribunal headed by Hon’ble Mr. Justice A.K. Patnaik (former Judge of Hon’ble Supreme Court) issued an Arbitration Award in favor of the Concessionaire and against NHAI on October 05, 2018, which is valued by the Concessionaire at over Rs.126 crores.
Legacy Law Offices is currently pursuing arbitration claims ranging from Rs.50 crores to Rs.500 crores per National Highway project on behalf of the Concessionaires/ construction companies in respect of large number of National Highway projects in Maharashtra, Madhya Pradesh etc.
Arbitration success stories in respect of State Highways
Mr. Gagan Anand, Managing Partner and Ms. Sadiqua Fatma, Senior Associate Advocate successfully represented the Concessionaire Company in respect of Ahmednagar – Shirur BOT Road Project in relation to its claims of over INR 100 Crores (USD 17 Million) concerning the construction of Flyover in Ahmednagar, in the Arbitration Proceedings at Pune, wherein Maharashtra PWD, being the Concessioning Authority was impleaded as Respondent.
Rajasthan PWD after paying INR 14 Crores (USD 2.3 Million) to a BOT Road Concessionaire on account of drastic shortfall in tollable traffic due to closure of mining, thought that the matter stands finally settled. Inspite of denial regarding the existence of arbitrable disputes by the State Government, the Concessionaire who has retained Legacy Law Offices succeeded in getting a Sole Arbitrator appointed from the Hon’ble High Court of Rajasthan under Section 11 of the Arbitration & Conciliation Act, 1996.
Mr. Gagan Anand, Managing Partner of the Law Firm supported by lawyers from the Delhi office of the Law Firm represented the Concessionaire Company against the Rajasthan PWD in the ongoing Arbitration Proceedings at Jaipur for adjudicating upon its claims. The arbitration proceedings were concluded in a period of less than six (6) months and the Ld. Sole Arbitrator awarded a total amount of approximately INR 70 Crores (USD 11 Million) to the Concessionaire Company.
Arbitration claims in respect of infrastructure projects other than Highways
Well experienced and ethical Advocates of our Law Firm regularly handle arbitration claims in respect of variety of infrastructure projects such as High Level Bridges, ROBs, Flyovers within city limits, Airports, Bus Terminals, Agro Mall, Heritage Buildings etc. The Law Firm obtained three Arbitration Awards in favour of its clients and against the Airports Authority of India (AAI). While one Arbitration Award pertains to the Goa Airport, the other two Arbitration Awards pertain to the Amritsar Airport.