Dua Associates

India

Review

Dispute resolution

Dua Associates boasts a respected, experienced and truly pan-Asia dispute resolution practice that provides a full suite of contentious services. In particular, the team is adept at complex and high-stakes disputes involving the environment, constitutional and administrative laws, contracts, white-collar and regulatory matters, intellectual property, international trade, and corporate and commercial litigations. The team is active daily before various judicial and arbitral forums in India, including state courts, the Supreme Court and numerous judicial and quasi-judicial tribunals. The group itself comprises more than 100 lawyers spread out across India, located in offices in New Delhi, Gurgaon, Bangalore, Chandigarh, Chennai, Hyderabad, Mumbai and Pune.

A unique feature of the firm is that it has a robust and dedicated Supreme Court presence through Dua Associates AoR, a firm of Advocates-on-Record (AoR) registered with the Supreme Court. The present AoR of the firm form the bulwark of the Supreme Court practice, ably supported by other partners who appear as well as assist senior counsels with their teams. The AoR firm is based in Delhi and the other seven offices of Dua Associates are in complete sync with this Supreme Court practice.

Senior solicitor and partner Shiraz Patodia is a key figure on the disputes team. The sizable practice features 11 other partners including Shishir Sharma, Rajdeep Panda, Ashish Singh, Amit Dhingra and George Joseph.

In an example of the top-tier work the firm handles, the team continues to counsel Dow Chemical in an extremely complex and contentious litigation before the Supreme Court. The dispute emanates from a toxic industrial disaster that occurred in Bhopal in 1984 wherein the union of India and certain NGOs have sought enhanced compensation by filing a curative petition. The matter is of great importance as the country’s highest court is likely to opine on the civil liability of a successor operation and vicarious liability of a corporation in a mass environmental tort action, as well as deliberate on amenability to jurisdiction.

On the tax side, the team is acting for Kodak Group Companies in an anti-dumping investigation concerning the import of digital plates from China PR, Japan, Korea, Taiwan and Vietnam. The case was initiated by the Directorate General of Trade Remedies at the behest of Technova Imaging Systems. Based on submissions made by the firm, the client was granted a nil rate of anti-dumping duty. This non-levy on duty on Kodak group has been challenged by the domestic industry before the tribunal. The case raises important questions regarding determination of duty on ”related entities” and on an entity that ceases to manufacture the subject goods during the period of investigation.

The Dua team is representing McCann Erickson Worldwide Advertising and Mc Cann Erickson India and their officials, in a suit filed by an ex-employee of the Indian entity, alleging sexual harassment at the workplace and claiming monetary damages.

Disputes specialist Ganesh Chandru joined the firm in February 2020 from Lakshmikumaran & Sridharan. He works with clients across the energy, oil and gas, infrastructure and construction industries.

Commercial Bank of Dubai, Decathlon, Filmtec Corporation, Indus Motor India, Piramal Fund Management, Shell India and Zhejiang Jiuli Hi-Tech Metals also instructed the disputes team last year.

Client feedback

“The firm has provided us with high quality anti-dumping advice in a number of anti-dumping actions.  This has been instrumental in positioning our business in India.” – Trade and customs

Shiraz Patodia

“Shiraz is uniformly excellent in the service and advice she provides.”