Anirudh Krishnan

Advocate
[email protected]

“Sometimes the questions are complicated and the answers are simple”

Dr. Seuss
EDUCATION

BA.LLB (Hons)
Law
Masters
BCL, Law

Anirudh Krishnan is the founder partner of AK Law Chambers, a boutique practice styled to focus on commercial and public law litigation, arbitration, in Chennai and Bangalore and legal advice through opinions on corporate law in India.

His expertise in the field of domestic and international arbitration emerges from the authoritative two-volume book titled “Justice R.S. Bachawat’s Law of Arbitration and Conciliation” published by LexisNexis Butterworths Wadhwa Nagpur, of which he is the Chief-Editor.

During his two-year stint at Clifford Chance, London, he has worked in among other areas on international arbitration and commercial litigation. He has been part of teams that have been involved in numerous arbitrations including ICC, LCIA, SIAC, AMTAC and ICSID arbitrations in addition to a number of domestic arbitrations.

He has also acted on behalf of numerous corporates and Public Sector Undertakings before Indian courts. Anirudh has been empanelled as arbitrator with Nani Palkhiwala Arbitration Centre.

A law graduate from NALSAR, Hyderabad, and completed the BCL course from Oxford University, Anirudh is also a qualified Solicitor of England and Wales

Anirudh was selected as an Inter Pacific Bar Association (IPBA) scholar in the year 2012. He was appointed as an expert on Indian Law for an ICC arbitration in London and was cross-examined on his expert witness statement.

10

Years of Experience

In addition to the above, Anirudh has also authored a book titled “The Law of Reservation and Anti-discrimination” published by the same publisher and has rich experience in public law litigation.

Apart from these, he has published numerous articles on varied areas of law in several journals. He writes a regular column for a popular legal news platform – Bar & Bench.

He has delivered guest lectures in many of the national law schools and has presented papers at numerous national and international conferences including a seminar conducted by 39 Essex Street Chambers, London. He was also invited to deliver talks to the international arbitration teams of Clifford Chance LLP and Herbert Smith, LLP, London.

Anirudh was selected as an Inter Pacific Bar Association (IPBA) scholar in the year 2012. He was appointed as an expert on Indian Law for an ICC arbitration in London and was cross-examined on his expert witness statement.

He has now been appointed as a Consultant to the Law Commission of India for the Report on Arbitration (2013-2014).

Practice Areas

  • Antitrust, Unfair Competition & Trade
  • Arbitration
  • Bankruptcy & Reorganisation
  • Commercial Contracts
  • Ecommerce Transactions
  • Electricity Law
  • Environmental Law
  • Foreign Investments
  • Infrastructure Projects
  • Insurance
  • Joint Ventures & Collaborations
  • Licensing Franchising
  • Litigation
  • Mergers & Acquisitions
  • Outsourcing Arrangements
  • Private Equity & Venture Capital
  • Privatization & Disinvestments
  • Project & Corporate Finance
  • Real Estate
  • Regulatory Approvals

Memberships

Member, London Court of International Arbitration – Young International Arbitration Group.
Member, British Institute of Comparative Law.
Ad hoc Fellow, Vidhi Centre for Legal Policy.
Arbitrator with Nani Palkhivala Arbitration Centre.

10

Years of Experience

25,000

Cups of Coffee

Public Law Litigation (including Writ Petitions)

  • Acted on behalf of Nani Palkhivala Arbitration Centre in the Constitution Bench proceedings before the Supreme Court (BALCO v. Kaiser Aluminium) initiated to review the famous decision of Bhatia International v. Bulk Trading.
  • Acting on behalf of a leading construction companies in India in an ongoing writ petition against the East Central railway in relation to the construction of a Railway bridge across River Sone where the disputed amount is over Rs 45 million.
  • Acting on behalf of a leading automobile manufacturer in a writ petition filed against the Competition Commission of India.
  • Acted for Larsen & Tubro, one of the largest construction company in India in a dispute pertaining to the tendering process for an irrigation project of the value of USD 80 million.
  • Acted for the largest construction company in India in a dispute pertaining to a defence procurement deal.
  • Acted on behalf of a leading newspaper in a challenge to certain provisions of the SARFAESI Act.
  • Acting on behalf of displaced shop owners in a writ action challenging a land acquisition by the Government of Tamil Nadu.
  • Acting on behalf of a leading textile machinery manufacturer in a writ challenging the tax levied.
  • Representing a prominent sugar manufacturing company in India in a writ challenging certain provisions relating to revenue sharing.
  • Acting on behalf of a Public Sector Undertaking in an action challenging the arbitrary actions of the State.

Civil Litigation

  • Acting on behalf of a leading Chinese construction equipment manufacturer in an ongoing petition relating to purchase of spare parts and equipments.
  • Acted on behalf of some of the trustees in the litigation relating to the PSG Educational Trust.
  • Acting on behalf of a well known logistics company in a dispute pertaining to a contract for supply of goods.
  • Representing a fruit processing company in an ongoing debt recovery proceedings.
  • Representing a trust in a dispute pertaining to grant of letters of Administration.
  • Numerous money recovery suits including a suit filed on behalf of a leading coal trader.

Company Law Matters (in the High Courts, Tribunals and Company Law Board)

  • Representing the promoters of a leading newspaper in an action against a bank pertaining to an unlawful transfer of their shareholding in the Company.
  • Representing a foreign trustee in a proceeding for winding up an Indian Company which failed to redeem its Foreign Currency Convertible Bonds.
  • Representing a famous Tamil Nadu politician in an ongoing execution petition for executing an Order of the Company Law Board.
  • Acted for an international investment company in a petition for oppression and mismanagement.
  • Representing the Directors of a fast growing IT services company in a petition for oppression and mismanagement.
  • Representing a shareholder in an ongoing petition involving alleged illegal share transfer and oppression and mismanagement of shareholders of a well known automobile manufacturing company.
  • Acting on behalf of a leading automative and engine manufacturer in a scheme of amalgamation.
  • Representing a leading British-based investment trust in a winding up petition for default of repayment of FCCB bonds worth US$24000000.
  • Representing a former leading airline company in a debt recovery proceeding.
  • Representing a former leading airline company in a winding up proceeding.
  • Several other petitions involving allegations of oppression and mismanagement.

Arbitration

Domestic Arbitration

  • Representing for one of the largest construction companies in India in an arbitration pertaining to the construction of one of the highest rail bridges in the world, across the Chenab River in Jammu and Kashmir with a claim amount of over USD 100 Million.
  • Representing a Public Sector Undertaking in an arbitration pertaining to a defence procurement deal from a UK company.
  • Representing a leading software company in an arbitration in Chennai, relating to rolling out of online services.
  • Representing a leading software company in an arbitration relating to certain tenancy disputes.
  • Representing the sellers in an arbitration relating to the buy-out of a leading paper products manufacturing company.
  • Representing a Public Sector Undertaking in an ongoing arbitration pertaining to a consultancy for design and construction services rendered by a construction company.
  • Representing a former chairman and managing director in an ongoing arbitration against a leading IT service company.
  • Representing a Public Sector Undertaking in an ongoing arbitration pertaining to a contract for providing services.
  • Acting for a leading manufacturer of auto electricals and its sister concern in an ongoing arbitration pertaining to a contract for providing services
  • Acted on behalf of a well-known infrastructure development company in an arbitration relating to construction contract.

Expert Evidence and Appointment as Arbitrator

  • Appointed as an expert on Indian Law for an ICC arbitration in London and was cross-examined on his expert witness statement.

Arbitration Related Litigation

  • Acting for a contractor in a proceeding before the Supreme Court challenging an order of the Karnataka High Court striking down an arbitral award relating to construction of canals in Karnataka.
  • Representing a leading construction company in an ongoing litigation against the Mumbai Port Trust.
  • Representing an enormous multinational in a proceeding relating to the construction of Mahindra World City, in Chengalpet District, Tamil Nadu.
  • Representing a party in a proceeding relating to establishment of fruit and vegetable procurement centres across Tamil Nadu.
  • Acting on behalf of a leading importer and trader of coal in an ongoing petition against a Swiss trading Company regarding payment of settlement amount.
  • Acting on behalf of an Indian export company in an ongoing petition regarding appointment of an arbitrator against a foreign trading company.
  • Representing some of the partners of a partnership in a petition relating to disputes arising out of a partnership agreement.
  • Representing the subsidiary of the largest spirits company in an ongoing petition to set aside an arbitral award.
  • Acting on behalf of a leading international company engaged Civil engineering works in a petition for setting aside an arbitral award.
    International Arbitration matters
  • Represented the contractor in a high stake construction arbitration with the subject matter in Turkey, conducted in London under the LCIA Rules.
  • Represented a party in an arbitration relating to a shareholders’ agreement and arising out of the grant of spectrum and 2G licenses in India. The arbitration was conducted in Singapore under the SIAC Rules.
  • Represented a party in an arbitration, in London, under the LCIA Rules, relating to building of oil rigs in Dubai (party names are confidential).
  • Advised a foreign law firm on Indian law issues that arose in an arbitration in New York, under the Rules of the American Arbitration Association, relating to an investment in a major bank in Tamil Nadu by foreign investors.
  • Representing Public Sector Undertaking in an ongoing dispute relating to supply of defence equipment against a Slovakian Company.
  • Representing a leading construction company in an ongoing dispute against a Germany Company relating to a construction contract in Jordan.
  • Representing Public Sector Undertaking in an ongoing dispute relating to supply of defence equipment against an Israeli defense technology company

Publications

Articles

  • “Parliamentary privileges: History and Conflict with Freedom of Press” : Madras Law Journal (2004)1 MLJ 84.
  • “Corporate Liability”: Corporate Law Cases Journal (2005 C.L.C Journal / 24(2)(4 pp) VII).
  • “Compensation for victims: Need of the Hour” published in the book “Crime Victims and Justice: An Introduction to Restorative Principles”, published by Serials Publications, New Delhi in 2008.
  • “Software Patents: An Indian Perspective” published in the conference proceedings of the Law Tech 2006 Conference (an international conference at Massachusetts Institute of Technology) (a peer reviewed publication)
  • “Religious Law v. Fundamental Rights” : Practical Lawyer (a Supreme Court Cases publication) ((2006) PL November 9)
  • “Proposed Reform (?) to Arbitration Law in India: Law Ministry’s Consultation paper” : Indian Student Law Review (ISLR 2011 (1) 73).
  • State of Commercial Laws – Bhatia to BALCO- The Past, the Present and the Future
  • State of Commercial Laws – Scope of the term “public policy” under the Arbitration and Conciliation Act, 1996
  • State of Commercial LawsConstruction of Jurisdiction Clauses and Exclusive Jurisdiction Clauses
  • State of Commercial LawsThe Power of the CLB to order rectification of share register: the Finolex v. Gopal Krishna Baliga debate
  • State of Commercial Laws – Interpretation of umbrella clauses in international investment arbitration
  • State of Commercial Laws – Interpretation of umbrella clauses in international investment arbitration
  • State of Commercial Laws – Scope for challenging a foreign currency forwards instrument

Conference and Seminars

  • “A “BIT” of Nuclear Weapon, But…” at “Strengthening Arbitration in India” international conference, 2014 by Nani Palkhivala Arbitration Centre, Chennai.
  • “Back to the Drawing Board: Powers of Courts to pass interim measures”, March, 2014 by LCIA India, Bangalore.
  • “Streamlining the arbitration process”, in February, 2014, at Indian Institution of Technical Arbitrators, Chennai.
  • “Enforcement of Foreign Awards” and “Expropriation under International Investment Arbitration Law”, in April, 2013, at National Law School International Arbitration Conference, Bangalore.
  • “The latest development in International Arbitration- An Indian perspective”, July, 2013, at SKRINE, Kuala Lampur and Baker & McKenzie. Wong and Leow, Singapore.
  • “Judicial intervention by Indian Courts in International Arbitration”, July, 2013, Kuala Lumpur Regional Centre for Arbitration (KLRCA), Malaysia.
  • “International Investment Arbitration: An Overview” at “ARBITRATION- Are we future ready?” international conference, March, 2013, Nani Palkhivala Arbitration Centre, at New Delhi Mumbai.
  • Invited by and delivered a talk at the 39 Essex Street Chambers, London on “India and International Commercial Arbitration” to an audience of Solicitors, Barristers and Queens Counsel in London on 17 May 2012 on “The Powers of Indian Courts to interfere in arbitrations conducted abroad: from Bhatia to BALCO”.
  • “The Latest Developments in Indian Arbitration law”, May 2012,international arbitration teams of Clifford Chance LLP and Herbert Smith LLP.
  • “Essentials of an award”, October, 2011 at Chennai, Nani Palkhivala Arbitration Centre and the Chartered Institute of Arbitrators, London
  • “Judicial Intervention in foreign arbitrations”, at Arbitration Matters 2012, February, 2012 by NaniPalkhivala Arbitration Centre, at Mumbai
    Participated as an Inter Pacific Bar Association Scholar at the Inter Pacific Bar Association Conference conducted at New Delhi between 29 February 2012 and 3 March 2012.
  • “Interpretation of Umbrella Clauses in International Investment Arbitration”, NLSIAM, in March 2012, by National Law School of India, Bangalore and Singapore International Arbitration Centre at Bangalore
    “Awards”, in March 2012 and June, 2012 at Chennai by the Association for International Arbitration, Brussels and Nani Palkhivala Arbitration Centre at Chennai
  • “WTO Dispute Settlement Mechanism: Boon or Curse for Developing Nations?” – a critique of the mechanism from the lens of a third world country, Critical Legal Conference (CLC) at the University of Westminster, London, in September 2004
  • “‘Consensus’ to ‘Negative Consensus’: Evolution for the good?” – a cost benefit analysis of the shift from “consensus” under the GATT to “negative consensus” under the WTO, 22nd Annual Conference on Law and Society conducted at Griffith University, Brisbane, Australia in December 2004
  • “Free Trade and Environment: Environment Protection or Protectionism?”,Prithvi 2005 conference conducted at Trivandrum, India in February 2005
  • “Software Patents: An Indian Perspective”. fourth IASTED International Conference, at MIT, Cambridge, USA. in October 2006
  • Delivered guest lectures at National Law University, Delhi; School of Excellence in Law, Chennai and NALSAR, Hyderabad.
  • Tutored arbitrators at training sessions conducted by the Chartered Institute of Arbitrators, London, the Association for International Arbitration, Brussels and the Nani Palkhivala Arbitration Centre, Chennai.

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