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International Litigation – India – Sandeep Grover

posted 3 months ago

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Sandeep Grover

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ORTIS Law Offices is a premier, full-service law firm, built on the pillars of Optimism, Resoluteness, Tenacity, Insight and Sagaciousness – values that define our approach to legal practice.

Litigation & Dispute Resolution Expertise

ORTIS specialises in handling multi-jurisdictional and complex disputes, including:

• Representation Before Various Fora – Representation before the Supreme Court of India, High Courts, District Courts, Arbitral Tribunals, National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), Debt Recovery Tribunals (DRTs), Securities Appellate Tribunal (SAT), Consumer Protection Fora and other regulatory authorities.
• Corporate Litigation – Expertise in resolving disputes related to M&A transactions, shareholder agreements, banking and financial regulations, joint ventures, infrastructure and real estate contracts.
• White-Collar Crimes & Economic Offences – Defending and prosecuting matters involving corporate fraud, insider trading, market manipulation, anti-corruption cases and regulatory investigations.
• Trial Prosecution & Strategic Litigation – Our lawyers possess a unique blend of technical and commercial acumen, enabling us to craft compelling trial strategies and innovative legal arguments.

What Distinguishes ORTIS Law Offices in Litigation Advisory

• Comprehensive Industry Knowledge – The team at ORTIS caters to a diverse spectrum of industries, including aviation, banking, energy, e-commerce, healthcare, technology, real estate, telecoms and more. This cross-industry expertise allows us to approach disputes with a deep understanding of sector-specific legal and regulatory frameworks.
• Multi-Forum Representation – Our ability to seamlessly represent clients across multiple legal forums sets us apart. We are often retained by foreign law firms for representation in Indian litigation, underscoring our global credibility.
• Client-Centric & Business-Orientated Approach – ORTIS takes a proactive, strategic and tailor-made approach to litigation, focusing not only on legal victories but also on securing commercially viable outcomes for our clients.

With an unwavering commitment to excellence and ethical advocacy, ORTIS’s litigation team endeavours to provide “out of the box”, innovative advice and legal solutions to its clients.

At ORTIS, we handle a diverse portfolio of high-stakes disputes across civil, commercial and criminal litigation, ensuring that every matter is meticulously planned and aggressively pursued.

Present Workflow of Our Litigation Practice

Our litigation workflow is designed to provide seamless and high-impact representation across various legal forums. It begins with early case assessment and strategy development, where we conduct a comprehensive legal analysis to craft a bespoke litigation plan. This is followed by pre-litigation advisory and negotiation, leveraging ADR mechanisms to explore settlement opportunities and mitigate risks. When litigation is necessary, we provide robust courtroom representation, handling filings, drafting and advocacy before the Supreme Court, High Courts, tribunals and regulatory bodies. Our expertise extends to evidence and trial prosecution, involving forensic analysis, witness examination and expert testimonies to strengthen case arguments. We also manage appeals and writ petitions, contesting matters at higher judicial and regulatory levels. In addition, we offer compliance and risk management advisory, ensuring our corporate clients navigate legal complexities while maintaining full regulatory compliance.

Current Clientele in Litigation Activities

ORTIS represents a diverse mix of corporate and institutional clients, including:

• Multinational Corporations & Indian Conglomerates – Fortune 500 companies, top-tier domestic corporations, as well as publicly listed entities.
• Banking & Financial Institutions – Representing banks, NBFCs, financial creditors, and insolvency professionals in complex insolvency, debt recovery and financial disputes.
• Technology & IP Clients – Advising global technology companies, IP-heavy businesses and research organisations on patent, trademark and copyright litigation.
• Infrastructure & Energy Companies – Handling large-scale disputes concerning concession agreements, EPC contracts and regulatory compliance.
• Telecoms & E-Commerce Giants – Representing major telecoms and e-commerce players in contractual disputes, data privacy issues and intermediary liability cases.
• HNWIs & Private Clients – Advising high-net-worth individuals (HNWIs) on estate planning, trust disputes and corporate shareholder litigation.

To refer to an ongoing assignment, Mr Grover is currently spearheading negotiations between members of a royal family and drafting of complex family settlement agreement to settle more than 30 litigations and distribution of properties of estate of an erstwhile Indian ruler between the current family members. The transaction involves issues pertaining to the law of primogeniture, succession, partition, probate and levy of stamp duty on oral family settlements, etc.

At ORTIS, we are witnessing a significant surge in arbitration and IP rights (IPR) litigation, driven by the evolving business landscape, increasing global trade and the heightened value of intellectual assets.

Given the growing cross-border transactions and foreign investments, businesses seek arbitration to avoid prolonged litigation in courts. We are actively engaged in:

• Domestic & International Commercial Arbitration – Representing multinational corporations and Indian entities in high-value disputes under various institutional rules and ad hoc proceedings.
• Technology & Infrastructure Disputes – Assisting clients in disputes related to EPC contracts, power projects, real estate development and smart contracts, ensuring streamlined resolution in technically intricate matters.
• Enforcement & Challenge of Awards – Advising clients on enforcement of foreign arbitral awards in India and handling challenges under the Arbitration & Conciliation Act, 1996.
• Sector-Specific Arbitrations – Involving such industries as construction, banking, telecoms, e-commerce and energy, where arbitration clauses are embedded in key contracts.

Much like India’s rise as a global healthcare leader, GIFT City is positioned to become a transformative hub for international arbitration and dispute resolution. The Union Budget 2022–23’s proposal to establish an International Arbitration Centre in GIFT City signals a strategic move to reduce outbound ADR expenses and position India as a premier arbitration destination.

With India increasingly becoming a preferred arbitration hub and legislative refinements making arbitration proceedings more business-friendly, the demand for expert arbitration counsel has grown. If executed effectively, GIFT City could redefine India’s role in global ADR, much like its success in medical tourism – turning inbound arbitration into a multibillion-dollar industry. ORTIS is at the forefront of leveraging this opportunity, guiding businesses and investors in navigating arbitration strategies within India’s evolving dispute resolution ecosystem.

Furthermore, IP is a critical business asset, leading to a sharp rise in IP-related disputes in today’s knowledge-driven economy. ORTIS has been at the forefront of IPR litigation, representing players from diamond industry, global technology firms, e-commerce platforms and manufacturing giants. Our expertise includes:

• Patent Infringement & Enforcement – Representing clients in high-stakes patent disputes, particularly in the fields of diamond, software and engineering innovations.
• Trademark & Brand Protection – Advising multinational brands on trademark enforcement, passing-off actions and counterfeiting cases to safeguard brand equity.
• Copyright & Design Litigation – Prosecuting and defending software companies, digital content creators and media houses in relation to copyright violations, piracy and unauthorised use.
• Trade Secret & Data Protection Disputes – With digitalisation increasing, we handle cases concerning data misappropriation, confidential business information leaks and contractual IP violations.

Mr Grover is currently spearheading high-stakes, multimillion-dollar infringement litigations on behalf of an Israeli entity across various forums in India. Meanwhile, Mr Grover and his team are actively involved in the prosecution and trial of several patents, trademark and copyright litigations. Mr Grover is also regularly involved in formulating IP strategy, as well as managing and strategising patents and designs prosecutions in India and abroad.

When a client is involved in a dispute with the government, regulatory bodies or other public authorities, litigation is often the only option, as these entities are not typically amenable to ADR. Litigation in such cases can provide a clear path to challenging administrative decisions or regulatory actions.

India has a well-developed ADR framework, supported by various institutions that oversee and assist in arbitration and mediation. These institutions provide the necessary infrastructure, procedural guidelines and regulatory oversight to ensure the efficiency, fairness and credibility of dispute resolution services.

• SAMADHAN (Delhi High Court Mediation Centre);
• Delhi International Arbitration Centre (DIAC);
• Indian Council of Arbitration (ICA);
• Arbitration Council of India (ACI);
• Lok Adalats – Community-Centric Dispute Resolution;
• MSME Facilitation Councils;
• NSE & BSE Arbitration Mechanisms – Handling stock market and securities disputes.

How These Institutions Assist Law Firms

• Providing Procedural Clarity – Standardised rules and protocols.
• Reducing Court Dependency – ADR mechanisms help decongest the judiciary, allowing firms to resolve cases more efficiently.
• Enhancing Credibility & Enforcement – Accredited arbitrators, mediators and institutional support ensures that awards and settlement agreements (as the case may be) are legally binding and enforceable.
• Encouraging Global Arbitration in India – Institutions like DIAC, ICA and ACI strengthen India’s position as an arbitration-friendly jurisdiction, allowing firms to attract international clients.
• With GIFT City emerging as a major ADR hub, India is set to become a leading global destination for dispute resolution, offering firms opportunities to expand their arbitration practice.

Cross-border litigation presents a unique set of challenges due to jurisdictional complexities, differing legal frameworks and enforcement hurdles. As businesses expand globally and international disputes become more frequent, law firms must navigate a web of legal, procedural and cultural obstacles to achieve successful outcomes.

• Choice of Law Disputes – In cross-border cases, parties often disagree on which country’s laws should govern the dispute. If a contract lacks a clear choice of law clause, courts may engage in conflict of laws analysis, delaying resolution.

• Enforcement of Foreign Judgments – Winning a case in one jurisdiction does not automatically guarantee enforcement in another. A favourable ruling in one country may become meaningless if enforcement mechanisms are weak, requiring fresh litigation in another jurisdiction. In India, execution or enforcement of a foreign arbitral award has its own challenges, and owing to how the judicial system works, consumes a lot of time, energy and effort.

• High Costs & Resource Demands – Cross-border litigation is often more expensive and time-consuming due to the need for legal representation in multiple jurisdictions, costs associated with international discovery, expert witnesses and compliance with procedural requirements, travel, translation and document authentication expenses. The financial burden of cross-border litigation can outweigh the potential benefits, leading some parties to seek alternative resolutions.

Navigating cross-border litigation requires expertise in jurisdictional laws, enforcement mechanisms and procedural strategies. While such challenges as jurisdictional conflicts, enforcement barriers and legal system differences persist, strategic legal planning, robust contracts and leveraging international arbitration and ADR can mitigate these risks. Law firms specialising in global dispute resolution, like ORTIS, play a crucial role in guiding clients through these complexities – ensuring effective litigation strategies across multiple jurisdictions.

In recent years, there has been a notable rise in ESG litigation, driven by increasing climate-related risks, corporate accountability and regulatory scrutiny. As governments and businesses face growing pressure to uphold sustainability commitments and ethical governance, litigation has emerged as a powerful tool to enforce compliance and address environmental and social injustices.

Companies are increasingly held liable for carbon emissions, environmental degradation and failure to meet sustainability targets. Businesses operating in such sectors as energy, infrastructure and manufacturing face litigation over non-compliance with climate regulations, including emission caps and renewable energy mandates, as well as Environmental Impact Assessments (EIA) disputes, where companies fail to adhere to clearance requirements and claims for damages for industrial pollution, deforestation and groundwater contamination.

While ESG litigation is growing, it comes with unique legal and procedural challenges, such as evidentiary complexities, enforcement gaps and procedural hurdles. As governments strengthen climate policies, investor activism increases and global sustainability standards evolve, ESG litigation is set to become a defining area of corporate law – requiring businesses to adopt proactive compliance measures and legal firms to develop innovative litigation strategies to navigate this emerging legal landscape.

The sharing of information and insight through publications, legal conferences and professional networks is indispensable for the wider litigation community. In an era where legal frameworks are constantly evolving, staying informed is not just a professional advantage but a necessity for maintaining high standards of legal practice, judicial transparency and public trust.

Main Guide

International Litigation – India – Sandeep Grover

posted 3 years ago

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