Law Senate

LAW FIRM

INTERNATIONAL STANDARD

INDIAN LAW FIRM...

We understand your business...

WHY DEAL WITH US?
Whether your company is at the forefront of the emergence of Indian business onto the global stage or is looking to establish a presence in India, Law Senate is adequately equipped and uniquely positioned to help. Our difference is the way we think, work and behave we combine an instinctively global perspective with a genuinely multicultural pproach, enabled by collaborative relationships and yielding practical, innovative advice.

WE UNDERSTAND YOUR BUSINESS

It is our business to understand yours. We have wide commercial knowledge and are keen to expand it whenever necessary for new projects. This understanding fosters the personal rapport with clients, which is characteristic of our style. Law Senate (LS) is characterized by a strong esprit de corps among all its members, both professional and support staff. The rms lawyers have a keen understanding of our clients strategic and technical needs, both nationally and internationally. We are able to handle complex and sophisticated matters in a collegial environment in which our lawyers judgment and experience are shared across the boundaries of individual areas of specialization. We are committed to delivering a service par excellence to both our corporate clients as well as our private individual client base.

PERSONAL ATTENTION
we endeavour to build a close working relationship with our clients grounded on a high quality response to client needs in a timely and efcient manner. We have gained a reputation for putting our clients requirements rst, responding rapidly, sensitively and creatively with expert legal advice and quality services that are business like and practical. We strive to achieve results that exceed expectations.

INTRODUCTION
LAW SENATE, a Registered Partnership Firm, is one of the leading corporate law firms of India providing international quality of legal services in India to its clients from various countries. India, being geographically a big country, has different local laws, state laws and national laws. The firm is able to ensure effective service to its clients because of its strong network of law offices and lawyers across the country. For about 20 years the partners of the firm have been providing legal services to its domestic and international clientele which include several multinational companies, listed Companies, Public sector enterprises, state and central governments, International banks, nationalised banks, exporters etc., The Partners and members of the firm have a long legal experience of about 20 years with a strong international Corporate exposure. The team of the firm has strong expertise in Complex legal matters including Arbitration, Corporate litigation, International arbitration, Execution of International Arbitral awards, drafting of high value International and domestic contracts, litigation in the Supreme Court of India, foreign Direct investment, regulatory work, Direct tax, Indirect tax, Project Finance, Mergers and acquisitions etc., the team members have strong experience and expertise in incorporation of foreign companies in India. The firm provides legal advice and other legal services in various sectors including international trade infrastructure Contracts, health care, media, airports, roads, health care, sports and finance. The firm and its partners are active members of various professional bodies, Associations and chambers of Commerce including International Bar Association, Arbitration

Bar of India, Asian Society of International law, International council of Commercial Arbitration, Association for International Arbitration, International chamber of commerce, Associated chamber of commerce etc., Due to the above said memberships and its network the firm is able to provide legal service anywhere in India and many places of the World within reasonable costs.

PROFILE OF THE TEAM

S Ravi Shankar, the Managing Partner of the Firm, is a qualified Advocate on Record in the Supreme Court of India (Highest Court in India), with more than 20 years of Experience in the field of law. He is holding a Masters degree in Business Administration along with a bachelors degree in Law. He has a strong International exposure and hence travelled to 41 countries across the world on various assignments. Being a corporate lawyer, he has strong experience in Arbitration, Litigation and other corporate legal work. He is holding MBA degree from one of the top Business Schools of India, Thiagarajar School of Management. He did his LLB Degree in the famous Bangalore University. He also is holding a Degree in Science and Mathematics from Madurai University. Being a Supreme Court Lawyer he has a strong experience in handling Domestic & International Arbitration, corporate matters, Civil cases, Income tax cases, Sales tax cases, Export cases, contract cases, Writ Petitions, Mining cases, Arbitration Appeals, Trade Mark cases, Consumer Appeals, Service and labour cases, Mining law related cases etc. Being an Expert in Arbitration cases and related litigation he has appeared in various High value Arbitration cases before various Arbitration Panels with International Arbitrators, Judges and other reputed Arbitrators. He has appeared in High value Construction, Export disputes, Shipping, Infrastructure, Airports arbitrations etc., involving Indian and Foreign Jurisdictions. He has also appeared for parties in the Arbitrations conducted under ICC Rules of Arbitration. He has also appeared in cases conducted in Singapore International Arbitration centre (SIAC), Hong Kong International Arbitration centre (HKIAC), Dubai International Arbitration Centre (DIAC), Indian Council of Arbitration (ICA)

International Arbitration Centre,Delhi, Formerly DAC etc., He also has conducted various Arbitration related litigation with regard to existence of Arbitration clause, Appointment of Arbitrators, Challenging of Awards, Execution of New York Convention awards, cases relating to execution of foreign awards etc. She has appeared in High value Construction, Export disputes, Shipping, Infrastructure, Airports arbitrations etc., involving Indian and Foreign Jurisdictions. Mr. Shankar is an active member of various professional Institutions including International Bar Association (IBA), Asian Society of International law (ASIL), Arbitration Bar of India (ABI), Chartered Institute of Arbitration, Association of International Arbitration (AIA), International Council for Commercial Arbitration, Supreme Court Bar Association (SCBA) etc., He is also an active member of JCI. He was holding various international offices in JCI and other organisations. Yamunah Nachiar is an Advocate on Record, qualified in the Supreme Court of India. She is a lawyer with about 15 years of practice experience. She is holding a post graduate degree in Business laws from National School of Law , Bangalore, in addition to her graduation in Law. She is a registered lawyer from the Delhi Bar Council. She is mainly into Domestic Arbitration, International Arbitration, Arbitration related litigation, corporate litigation, Debt Recovery, Civil Appeals and Intellectual property matters. She has worked in various Arbitration matters for Government of India and hence has a distinctive edge over others. She is a Senior partner of the Firm. Being an Advocate on Record of the Supreme Court of India, has a strong experience in handling, Civil cases, Income tax cases, Sales tax cases, Export incentive cases, business contract related cases, Writ Petitions, Mining law cases, Arbitration related Appeals, Trade Mark dispute cases, Consumer Revisions and Appeals, Matrimonial cases, Service and labour cases, Mining law related cases etc., in the Supreme Court of India. She has also appeared for various Nationalised Banks and Financial Institutions, in the cases of recovery and bank guarantee. Being an Expert in Arbitration cases and related litigation she has appeared in, various

Arbitration related cases before various Domestic and International Arbitration Panels with Indian Arbitrators, International Arbitrators, Judges and other reputed Arbitrators. She has appeared in High value Construction, Export disputes, Shipping, Infrastructure, Airports arbitrations etc., involving Indian and Foreign Jurisdictions. She has also appeared for parties in the Arbitrations conducted under ICC Rules of Arbitration. She also has conducted various Arbitration related litigation with regard to existence of Arbitration clause, Appointment of Arbitrators, Challenging of Awards, Execution of Foreign awards in India from New York Convention countries, cases and appeals relating to execution of foreign awards in India etc. Mrs.Nachiar is an active member of various professional Institutions International Bar Association (IBA), Delhi High Court Bar Association, Chartered Institute of Arbitration, Arbitration Bar of India, Supreme Court Bar Association etc. Rathnakara V Shetty is an Expert in Customs, Central Excise and service tax matters. He is also an authority in Export concessions and related issues. He has experience in the customs Department of Government of India. Worked in Customs, Central Excise and Service Tax Department for 25 years under different capacities and voluntarily retired as Superintendent of Central Excise, Mumbai. At present, Practicing as an Advocate for the last 11 years in the field of Customs, Excise & Service Tax in Supreme Court of India, Delhi High Court, Bombay High Court, Customs, Excise & Service Tax Appellate Tribunals throughout India and appearing before Different Adjudicating authorities and Appeal authorities in the Department of Customs, Excise & Service Tax. Ms. Nishtha, Company Secretary is holding B.Com (Honours), a bachelor degree in Law and also a qualified Company Secretary. She is a having a lot of experience in drafting and vetting various legal documents including Deeds, Agreements like shareholders agreement, share purchase agreement, joint venture agreements and Memorandum of Understanding etc. In addition to that the following types of cases are also handled , Due Diligence of Infrastructure Projects, Renewable Energy Power Project, Legal Consultancy and other matters, Negotiation in Management disputes, Reserve Bank of India approvals, Incorporation of Companies, Limited Liability Partnership, restructuring of ECBs, ODIs, FIIs and FDIs.

Vijey Devaraj, High Court Original Side lawyer with 40 years of experience in law practice is leading our team in the original side litigation. His vast experience in litigation includes Civil Suits, Writ Petitions, Banking related litigation, Company Law Board cases, Partition, Specific performance, Succession certificate, Labour cases, debt recovery, intellectual property litigation etc. He has conducted independently many High value civil litigations in various Courts of India. He is holding a Maters in Political science and a bachelor degree in Law. His expertise in personal law matters particularly in the field of succession, Partition, adoption and multijurisdictional succession cases. Geni Philipose, is a Corporate lawyer mainly concentrating in Corporate litigation including Debt recovery, drafting of contracts, Contract Related litigation, Environment litigation, Commercial Arbitration etc. She has an excellent educational record and holding Masters degree in Law in the field of Business laws. She is having a practice experience of 8 years with a strong Corporate Exposure. She has also assisted various Senior lawyers in High value Construction related Arbitrations before various Tribunals of India. She is also a Research Scholar doing PHD in the University of Madras in the field of Money laundering. She is fluent in English, Malayalam, Tamil and Hindi. Sushil Kumar Jalan, a Chartered Accountant with 25 years of Experience in handling Company incorporation, Registration of various types of Companies, Taxation consultancy, Audit, Project Consultancy, Project Financing, Portfolio Management of NRIs etc. He is a qualified Chartered Accountant of India. He has vast experience in handling huge turnover Audits including various Nationalised Banks of India and private Companies. His expertise in complex tax matters involving multiple jurisdictions is his speciality. Sangitaa Singh is qualified lawyer registered with Delhi Bar council and in charge of Arbitrations, Commercial litigation including Consumer, Winding up related cases, Environment, Civil matters, Employment Appellate Tribunal matters etc in our Firm., She has handled various High value Arbitrations and litigations in various Courts of Delhi. She is holding a bachelors degree in Law from Aligarh Muslim University. She is fluent in English and Hindi.

Sargam Narula is a qualified lawyer registered with Delhi bar council in-charge of corporate litigations including Trade marks in the Firm. She is a graduate in Law from University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University. Her talent in understanding the legal points, ability to analyse complex legal issues and drafting of the legal briefs is an added strength to the Firm. She is experienced in handling Arbitration matters, Trademarks, Supreme Court litigation, cases in the National Consumer Commission etc., Sneha Bhatnagar is a qualified lawyer and registered with Bar council of Delhi. She is in-charge of Trade Mark registration & litigation, Negotiation & drafting of contracts, Matrimonial cases involving multiple Jurisdictions, Child custody cases involving multiple jurisdictions etc., She is well versed in drafting and vetting deeds that may include partnership, lease agreements, license or many other deeds. She is holding a Law degree From Campus Law Centre, Delhi University and also a Bachelors degree in History from Kamala Nehru College, Delhi University. She is fluent in Hindi and English. In Addition to the above said key members the Firm has brilliant team of lawyers, experts, paralegals to handle the requirements of the clients of the Firm.

ARBITRATION
The Firm is one of the few law Firms in India having a strong Arbitration background in both Domestic and International Arbitrations. The Firms Senior partner Mr. S Ravi Shankar and partner Mrs. Yamunah Nachiar have handled hundreds of Arbitrations in their capacity as Arbitration lawyers. Both of them handled many high value Arbitrations in which various Government of India departments and Public Sector Undertakings were parties. Another special capacity of the above mentioned senior partner is that they have handled many Arbitration related litigations in the High Court level as well as the Supreme Court of India with regard to appointment of Arbitrators, Arbitration clause, Challenging of Awards etc. Hence the Firm is a fully equipped and competent law firm to handle Commercial Arbitrations in India and outside India.

Arbitration in India
India has more adhoc arbitrations than the Institutional Arbitrations in practice. Retired Judges of various High Courts and Supreme Court are busy as arbitrators. Even though this practice has some advantages it also has some dis-advantages like court room style arbitrations and lengthy procedure etc., Institutional Arbitrations are governed by the rules of the arbitration centre. Indian Council of Arbitration (ICA), International Arbitration Centre formerly known as DAC, Construction Industry Arbitration Council (CIAC), Indian Technology Mediation and Arbitration Centre (ITMAC), NaniPalkivala Arbitration Centre (NPAC) are some of the reputed Institutional Arbitration centres in India. The Firm has been handling Arbitrations for various business houses and individuals and has gained an expertise over the field. The Firm has handled high value arbitrations as per the Arbitration and Conciliation Act, involving various infrastructure, High ways, Airports, Construction, supply contracts, Service contracts, Real estate, trade etc., Since the Firm has its own reputation and experience, it is able to lead the arbitration to fast track and get the award without much delay. Since the Firm advises the clients, right from the contract negotiation stage, it is able to protect the interests of its clients effectively.

Arbitration and Conciliation (SIAC), proceeding under ICC rules WIPO Arbitration, London Court of International Arbitration (LCIA) and Dubai International Arbitration Centre (DIAC). Arbitration related Litigation in India: The Firm has a vast experience in handling arbitration related litigation like application for appointment of arbitrators, interim orders, issuance of summons to non-cooperating witnesses ad government witnesses etc., The Firm also has handled appeals on the orders passed by the High Courts or District Courts till Supreme Court of India. In India as per the Arbitration and conciliation Act 1996, the scope for challenging the awards is very less and hence an award is almost final. But if proper care is not taken by parties, the courts may entertain some unnecessary appeals, which may badly delay the enforcement of the awards. The Firm has considerable experience in handling cases involving the challenge to Domestic and International Arbitration awards.

ENFORCEMENT OF FOREIGN AWARDS IN INDIA

The relevant Indian law in the above field is the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 (Act 26 of 1996), Part II, entitled 'Enforcement of Certain Foreign Awards'. Chapters I & II thereof apply to 'New York Convention Awards' and 'Geneva Convention Awards' respectively. The above said laws provides the procedure for enforcement of foreign awards in India. The above said Act was brought in to enable effects to be given to the convention on the recognised and enforcement of Foreign Arbitration Awards done at New York in 1958. Government of India has notified a list of countries that are recognised for the purpose of execution of Foreign Awards. The list of 'reciprocating territories' notified by the Government of India in the Gazette of India, for the purposes of Sec. 44 of the Arbitration and Conciliation Act 1996 ('1996 Act') comprises the following 46 States: Austria, Belgium, Botswana, Bulgaria, Central African Republic, Chile, Cuba, Czechoslovak Socialist Republic, Denmark, Ecuador, The Arab Republic of Egypt, Finland, France, German Democratic Republic, Federal Republic of Germany, Ghana, Greece, Hungary, Italy, Republic of Ireland, Japan, Republic of Korea, Kuwait, Malagasy Republic, Malaysia, Mexico, Morocco, The Netherlands, Nigeria,

International Arbitration
In India there are a few Arbitration Centres who have entered into bilateral arrangements with Foreign Arbitration Centres to conduct International Arbitrations in India. Indian Council of Arbitration (ICA) has bilateral agreements with about 40 foreign arbitration centres. Even-though the numbers of International arbitrations happening in India are increasing, because of the interference by Indian Courts and the pendency in the Indian Courts, many high value international arbitrations are happening in neutral countries like Singapore, London, Dubai etc., London Court of International Arbitration (LCIA) has recently opened a branch in Mumbai for international arbitrations. Lawyers of the firm are involved with various Arbitration centres and Legal settlement Institutions, including International chamber of Commerce, International Court for Commercial Arbitration, Delhi High Court Arbitration Centre, Singapore Institute of

Norway, Philippines, Poland, Romania, San Marino, Singapore, Spain, Sweden, Switzerland, Syrian Arab Republic, United Republic of Tanzania, Thailand, Trinidad and Tobago, Tunisia, UK, the United States of America, China, Hong Kong and USSR. The firm has experience and expertise to handle Foreign Arbitrate proceedings and related litigation also.

qualified Company Secretaries, the firm is able to ensure effective service in this area. Branch Office of a Foreign Company in India: -The firms clients from USA and UK have successfully Foreign Companies incorporated outside India and engaged in manufacturing, trading etc. are allowed to set up branch offices in India with specific approval of the Reserve Bank of India. Such Branch Offices are permitted to represent the parent / group companies. Normally, the branch office should engage in the activity in which the company is engaged. A branch office is not allowed to carry out manufacturing or processing activities in India directly or indirectly. Profits earned by branch offices are freely repatriablef rom India, subject to payment of applicable taxes. To start a branch office in India, the parent foreign company must have a positive financial record for a minimum of last 5 years. Minimum total paid up capital for a branch office should be USD 1,00,000. Liaison / Representative Office of a Foreign Company:- Liaison office (also known as Representative office) can undertake only liaisonactivities i.e., it can act as a bridge between Head Office abroad and parties in India. Such offices can not do any business in India and hence can not earn any income in India. The role of such offices is limited to collecting information, delivering information etc., the firm has assisted to clients from Malaysia and Switzerland to register liaison offices in India. Minimum required paid up capital for a liaison office is USD 50,000. Project Office of a Foreign Company: The Revenue Bank is granting general permission to Foreign Companies to establish project office in India, provided they have secured a contract from an Indian Company to execute a project in India and project is cleared by an appropriate authority. Moreover the project must be funded by inward remittance from abroad and the entity awarding the contract is granted a term loan by a Public Financial Institution or a bank in India for that project. The firm has helped an Australian Company to set up a project office in India for execrating an infrastructure project in India. Foreign Institutional Investor (FII) FII s include Asset Management companies, Pension Funds, Mutual Funds, Investment Trusts, Incorporated / Institutional Portfolio Managers, University Funds, Endowment

FOREIGN DIRECT INVESTMENT

In the last few years many foreign companies are setting up their business activities in India mainly because of the recent investor friendly business atmosphere created in India. New foreign companies can invest in India or start business in India much easier than earlier. The Government of India has come out with various corrective measures to encourage foreign investors to invest in India.

Setting up of Business in India

Automatic Route: Government of India from time to time issues notifications notifying the sectors / activities where 100% Foreign Direct Investment is allowed as per the FDI Policy of Government of India. If any foreign company wants to start business in one of these notified sectors as specified by the Government then to the extent permitted, the venture does not require any prior approval either from the Government of India or the Reserve Bank of India.. Government Route: FDI in activities not covered under the automatic route requires prior approval of the Government of India. The applications seeking such prior approvals are considered by foreign Investment (FIPB), Department of Economic affairs, Ministry of Finance. The Indian company having received FDI either under Automatic route or the Government route is required to report in the Advance reporting form, the details of the receipt of the amount of consideration for issue of any equity investments along with the know your customer report from the Overseas Bank within 30 days from the date of receipt of inward resistances. Service of the Firm: TThe firm has experience in helping various Foreign Companies to set up their business in India as per the Reserve Bank and Foreign Direct Investment norms. The firms clients have successfully started the following types of companies in India. The firm has experienced and

foundations, Charitable Trusts and Societies. Securities Exchange Board of India (SEBI) acts as the nodal point in the registration and recognition of Foreign Institutional Investors. The Reserve Bank of India has granted general permission to SEBI registered FIIs to invest in India under the Portfolio Investment Scheme (PIS). The partners of the firm has assisted two Singapore Companies, one Mauritius based fund managing company and UK Fund company to get registered as a Foreign Institutional Investor.

the Public, Private and Participation in the areas of large infrastructure projects like Airports, Seaports and High ways. Hence requirements of Foreign Direct Investment have become inevitable. The firm has expertise in assisting the International contractors, Foreign Investors, Government departments and Public sector undertakings in the finalisation of their global tender forms, preparing of tender documents, contracts and submission. The service includes the litigation and Arbitration with regard to tenders and contracts. Moreover Indian Companies participating in International bidding for providing Infrastructure, Telecom and other high value contracts in a foreign country also require special assistance of lawyers from Multi Jurisdictions. The firm which has Associate lawyers and law offices across the Globe hence it can assist Indian Companies effectively in the Multinational Tender process also.

General Information regarding Repatriation of Funds

All Foreign Investments are freely repatriable after applicable taxes except in cases where:

(i) The Foreign Investment is in a sector like construction and development project and defence where in the Foreign Investment is subject to a lock in period. (ii) NRIs who choose to invest specifically under nonrepatriable schemes.

Types of Contract and Tender Services

The firm has an expertise in high value projects including Airports, Electricity generation etc. with regards to the following service:(a) Drafting and vetting of contracts (b) Tender Form drafting. (c) Tender Conditions drafting. (d) Tender Form submission. (e) Representation in the Tender process. (f) Post Tender Contracts. (g) Contract related dispute resolution. (h) Tender, Contract related litigation. (i) Tender related Domestic Arbitration. (j) Tender related International Arbitration. (k) Arbitration under ICC rules. (l) Arbitration in various Arbitration Institutions like SIAC, Dubai International Arbitration Centre, London Court of Arbitration etc..

Customs, Taxation and Excise matters:

Due to increased international business, trading and activities the clients require legal advice regarding customs duty, customs procedure, export import policy, appointment of distributors, exposure to central excise etc., The Firm has very experienced experts who provide legal opinions in the form of solutions to avoid facing state actions and penalties. In addition to that the firm advises on the taxation issues during multinational transactions and contracts between the parties. Certain products when imported in India and repacking is done in Indian soil and sold to the Indian market it is treated as manufacturing and hence excise duty is attracted. So the firm advises its international clients after fully evaluating and examining all the details.

INFRASTRUCTURE, CONTRACTS & GLOBAL TENDERS:

In the last 10 years India is open to foreign Direct Investments and has increased

Tender Related Documentation:

The Firm assists various organisations to finalise their legally valid tender conditions protecting their rights and privileges. Moreover weakly drafted tender conditions lead

to court interventions and interpretations which might delay the tender process and increase the costs as well. In addition to that the Firm also assists the Companies bidding on the basis of an International or domestic tender process, to evaluate the legal implications and risks. Hence the Firms service in tender process is to guide the parties the legal consequences of floating and signing certain tender documents, which involves complex legal issues.

Tender Related Litigations

Normally once the tender process is started litigations are not entertained by the Courts in India. But in case if the tender conditions are altered during the process or any discriminatory approach of the tender floating company is the subject matter then the Courts in India interfere. But most of the litigations arise either after the finalisation of tender process or in the project implementation stage. But since most of the contracts and tender documents contain arbitration clause, those disputes give rise to an arbitration proceedings only. The Firm has a good amount of experience and expertise in handling tender related litigations in India.

Tender Related Arbitration Cases in India

After the introduction of The Arbitration and Conciliation Act, 1996 the Arbitration in India has become more effective and less time consuming. The above said Act has been enacted to adopt The Model Law on International commercial Arbitration 1985 and UNCITRAL Conciliation Rules, 1980 as proposed by the wing of UN. Hence Indian Law is synchronised with the law of the other countries of the world. The above said law has created a simplified procedure with less judicial intervention for International Commercial Arbitration proceedings involving different jurisdictions and multinational parties. The above said Act is based on the UNCITRAL Model Law on International Commercial Arbitration, 1985. Hence India is fully aligned with the rest of the world by exacting the above said Act. The firm and its lawyers are handling various arbitration proceeding and related court cases in the field of domestic Arbitration proceedings. Domestic Arbitration in India has become more effective now because of the effective procedures laid down by the various Institutional Arbitration Centres of India. The Domestic Arbitration Centres in India have laid down client friendly measures to cut down the cost of Arbitration including fees for Arbitrators. The Firm and its lawyers have strong experience in handling arbitrations before independent and individual Arbitrators, Retired Supreme Court and High Court Judges as Arbitrators and Institutional Arbitrations. The Firm has handled large high value Arbitrations including Airports, big infrastructure, real estate, supply contracts, stock market arbitrations, labour contracts, technology supply contracts, technology transfer related contracts, facility creation contracts etc.

Applicable Laws
The Tender process in India are governed by Indian Contract Act, Code of Civil Procedure Code, Indian Arbitration Act etc, when the contract specifies Indian Law as the relevant law then the above said legislations will apply even if it is an International Arbitration with parties from different jurisdiction. With regard to the Indian company bidding for a tender in a foreign country to execute a work in a foreign land may require to follow and comply with law of different jurisdictions. In such situations the law of the land where the work is to be executed plays a major role. In addition to that if parties to the contract chooses either of their laws or a law of a third country as law applicable to that contract them that law becomes relevant in that case and in that dispute resolution process. Moreover if both the parties decide to resolve the dispute as per the rules of any International Arbitration Centre like SAIC, ICC, ICA or any other institution then the rules of that Arbitral Institution also become relevant.

Experience of the Firm

The lawyers of the firm have expertise and experience to handle any type of Tender related service including the consequential litigations and Arbitrations if any. The partners and the lawyers of the firm have experience in handling litigations in various Courts of India, pertaining to Tender etc. The firm has its partners and Associates across the Globe who are experienced is handling such complex tender issues, dispute resolution etc. Hence,

The Expertise of the firm with multi jurisdiction Associates is the speciality of the firm. The Firm also cut the costs of dispute resolution process in the international level since the major part of the work is executed and handled by the local lawyers with experience is that relevant jurisdiction.

preparation, filing and arguing of the related electricity Appeals before the Supreme Court of India also.

Telecommunication Cases and Appeals

The Telecom Regulatory Authority of India (TRAI) is a statutory body established under the Telecom Regulatory Authority of India Act, 1997 for regulating the telecommunications and broadcasting sectors. TRAI is tasked to protect the interests of service providers and consumers and to ensure orderly growth of these sectors. Its main functions include laying down and ensuring the standards of quality of service provided to consumers, setting tariff policy, specifying policies with regard to the technical and commercial aspects of interconnection between service providers, and ensuring that service providers comply with the terms and conditions of their licences. TRAI also makes recommendations to the Government on a host of issues including conditions for entry of new service providers and terms and conditions of licences granted to service providers. . The Firm has vast experience in dealing with complex tariff regulation issues and the related litigation in the above said forums of India. The partners of the Firm have experience in preparation, filing and arguing of the related Telecom Appeals before the Supreme Court of India also.

Employment laws in India

The Firm and its partners have advised various multi-national Companies, Public sector Companies and private Companies with regard to employment related agreements, documentation and litigation. The Firm has experience in preparation of Employee manual, Employees hand book etc., incorporating the terms of employment, disciplinary action, employee benefits etc., for various companies to ensure a comfortable working atmosphere without disturbing the productivity of the Company. It is important to note that even though the laws relating to managerial level staff is changed the Labour laws in India remains the same. Hence the Firm advises the Companies about the labour law compliances, standardisation of their documentation, domestic enquiry, disciplinary action etc., The Firm also advises the Companies on EPF(Employees Provident Fund) and ESI (Employees State Insurance) compliances. The Firm also handles labour law issues and corresponding litigation.

Electricity Cases and Appeals

The Electricity Management in India has changed a lot in the last decade. The monopoly of the State is finished and many private Companies are allowed to operate in the production, and distribution of electricity. Even-though the initial difficulties are faced by the regulatory authorities and the government in achieving a fair play in the industry, slowly things are falling in place. The Firm and its partners have been representing various electricity producers, Power Distribution Companies and Consumers before the Central Electricity Regulatory Commission (CERC), State Electricity Regulatory Commission, Appellate Tribunal for Electricity and the Supreme Court of India. The Firm has vast experience in dealing with complex tariff regulation issues and the related litigation in the above said forums of India. The partners of the Firm have experience i n

Debt Recovery Tribunal Cases

The Debts Recovery Tribunals in India have been constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The original aim of the Debts Recovery Tribunal was to receive claim applications from Banks and Financial Institutions against their defaulting borrowers. And the adjudicatory forum under SARFASI Act turned out to be the Debts Recovery Tribunal. The Debts Recovery Tribunal now deal with two different Acts, namely the Recovery of Debts Due to Banks and Financial Institutions Act as well as the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act. The Debt recovery Appellate Tribunal is constituted under the Recovery of debts due to banks and

Financial Institutions Act, 1993. The said tribunal is also the second court of Appeal in respect of cases filed under the Securitisation & reconstruction of Financial Assets & Enforcement of Security interest Act,2002. The Firm and its partners have handled many cases in the above said forums for and against the Banks and Financial Institutions.

proceedings conducted in foreign courts but it is necessary to get a succession certificate from the approximate court with regard to a movable or immovable property situated in India at the time of death to legally transfer the immovable properties and movable properties to the names of the legal heirs. Particularly the Banks require succession certificate issued by an appropriate court, if the deceased did not specify any nominee in the bank deposits, to entertain any claim from the legal heirs. The Succession certificate is issued under S.123 of the Indian succession Act by the courts having relevant Jurisdiction. The process takes about 1 year time if all the required documents are produced along with the application. If any one of the legal heirs contests the case, then it might take more time. Moreover if properties are situated in different jurisdiction, then the court which has the jurisdiction over the major partition of the sit properties will have the jurisdiction to issue the certificate and there is no need to approach different courts.

Wills and Probate Service

The firm offers legal assistance to its clients in preparation of wills, settlement deeds, petition deed etc, in addition to the related litigation. The firm also helps the citizens of foreign countries having succession rights over Indian properties to claim and encash the same. Due to increased globalisation and migration of people allover India and across the world the personal laws also gets complicated. In many cases the properties are situated in multi jurisdictions and hence the legal have to adopt the law of the domiciled country irrespective of the local laws of the country where they were born. The firm offers legal assistance in negotiating partition disputes, valuation of properties, registration of partition deed and related litigation.

Wills and Probate Cases

The will, if attested by two witnesses and no legal heir is objecting to the will then will it is sufficient to transfer the properties into the names of the legal heirs. But in case if the will is objected by anyone of the legal heir or even third party then it requires to be probated or the parties should take a succession certificate from an appropriate court. Since our senior partner Mr S Ravi Shankar is a Supreme Court lawyer, the clients of the firm get the benefit of his experience and expertise.

Types of Wills and Probate Services Offered

Preparation of Wills, settlement deeds etc., Probate Litigation in Indian Courts Litigation in Foreign Courts Succession Certificates Appeal cases Partition deed preparation

Succession Certificate
The succession cases, where the properties are situated in India, where the deceased did not domicile to any foreign country, succession procedures are governed by Hindu law, Hindu Minority and guardianship Act, Indian succession Act, Special marriage Act, Muslim Personal Law etc. In cases where the deceased has died intestate and has domiciled to some other jurisdiction other than India, then the laws of the country to which he/she domiciled to will be applicable in the succession proceedings. Indian courts recognise the probate

Experience in Serving Foreign Clients

Mrs. YamunahNachiar, Partner is an expert in handling succession cases in India and abroad. She has handled such matters for the clients from Ireland, USA, Dubai and France. The firm and its lawyers have required experience to handle such matters relating to successions allover India and across the Globe. The Firm also ensure the involvement of local lawyers in all Jurisdictions and hence the process becomes cost effective and also faster in getting the matter resolved. Since the firm has civil law experts with more than 25 years of practice experience, it endures the best possible service in India.

SUPREME COURT OF INDIA

Supreme Court of India is the Highest Court in the judicial system of India. Supreme Court of India is situated in Delhi, the capital City of India. The powers of the Supreme Court of India are clearly defined in the Constitution of India. Any order or Judgement of any High Court of India or the National tribunals like National Consumer Commission can be challenged in the Supreme Court of India. Supreme Court of India has powers which are exercised under both Appellate and original Jurisdiction. In addition to the Constitution of India and other statutes, the Judicial Administration is governed by the Supreme Court Rules.

Appeals in the Supreme Court of India

The Supreme Court of India is empowered under Article 136 of the Constitution of India to grant special leave to any of the parties to appeal, aggrieved by any order or Judgment passed by any High Court in India and deal with that order. Hence any Judgment or order passed in a Civil case, Criminal case, tax case, Intellectual property case, Constitution case or any other case can be appealed before the Supreme Court of India. Normally a Judgment of a High Court can be challenged before the Supreme Court of India within 90 days from the date of order. But in the cases where there are sufficient reasons because of which parties could not Appeal within the limitation period, the Supreme Court of India has the powers to condone the delay in filing the Appeals (Special Leave Petitions). Only the advocates qualify by passing Advocates on Record Examination conducted by the Registry of the Supreme Court of India can file Appeals in this Court. Two of the partners of the Law Firm Mr. S Ravi Sankar and Mrs.YamunahNachiar are qualified Advocates on Record and hence Firm enjoys the benefit of ensuring the best services to its clients.

Courts of India can be challenged in the Supreme Court of India under Article 136 of the Constitution of India Read with Code of Civil Procedure. The Appeals and Special Leave petitions can be filed in the Supreme Court of India through qualified Advocates on Records only. Two of the partners of the Firm Mr. S Ravi Shankar and Mrs. Yamunah Nachiar are qualified Advocates on Record in the Supreme Court of India. The partners of the Firm have very strong experience of more than 20 years in handling Civil Appeals in the Supreme Court of India. The Firms lawyers have appeared for various Companies and individual clients in hundreds of Civil appeals in the Supreme Court of India. The types of Civil cases handled by the lawyers of the Firm includes Property dispute cases, Partition cases, Environment related cases, Rent control matters, educational institution cases, Admission related cases, labour cases, intellectual property right related cases, debt recovery cases, Mines and Mining rights cases, wills and succession cases, Income tax appeals, Sales tax Appeals etc..

Contract related cases and Appeals

The Firm and its partners have handled various high value contract related litigations for various companies and individual clients. Contracts, tenders, agreements etc., related cases are also a part of Civil cases only. The Applicable laws of India are Indian Contract Act, Specific relief Act, Stamp Act etc. If any Company or individual is affected by any of the orders of the High Court with regard to Contract etc. can be challenged in the Supreme Court of India. The Firm has strong experience in handling high value contract related litigations involving parties from multi jurisdictions. The Firm has a long client list including Central Government of India, Reserve Bank of India, Nationalised and Private Banks, Top Companies of India. Since the Firm has worked with all top Senior Lawyers of India the Firm can involve suitably including the top senior lawyers of India, if client desires so.

Civil cases and Appeals

Any Judgment or order Passed by any of the High

Criminal cases and Appeals

The Firm has handled many criminal cases and criminal appeals in various courts of India. The trial is conducted by a District Court or a Magistrate Court in India. After that parties can approach the High Court by way of an Appeal or a revision. Any conviction or an acquittal order passed by a High Court of any State can be challenged in the Supreme Court of India, under Article 136 of the Constitution of India read with the provisions of Code of Criminal Procedure,1973. The Appeals and Special Leave petitions can be filed in the Supreme Court of India through qualified Advocates on Records only. Two of the partners of the Firm Mr. S Ravi Shankar and Mrs. YamunahNachiar are qualified Advocates on Record in the Supreme Court of India. The partners of the Firm have very strong experience of more than 20 years in handling Criminal Appeals in the Supreme Court of India. The Firms lawyers have appeared for various Companies and individual clients in hundreds of Criminal cases and appeals in various courts of India. Our Partners have handled many Criminal cases which are reported in various law journals of India..

minded people, various Associations when they filed Writ Petitions under Article 32 and Article 226 of the Constitution of India.

Transfer Petitions
Supreme Court of India has powers, to transfer a case from one State to another on the application of any one of the parties. Normally these types of petitions are entertained by the Supreme Court of India when it is of the view that one party wants to harass the other by dragging them to a Court, which is inconvenient to the other party. Moreover in cases, where the transfer can ensure effective justice to the parties involved, the Supreme Court transfers the matter from one Court of a State to other. The partners of the Firm being qualified Advocates have handled many cases in which cases were transferred by the Supreme Court of India from one Court to another.

Consumer cases and Appeals

In India most of the original consumer complaints are filed in the District Consumer Forums. The State Consumer Commissions handle the Appeals from the District Forums and also handle some original complaints if the value of the dispute is more than 20 Lakhs and less than 1 crore. The National Consumer Commission handles the revisions and Appeals from the orders of the State Consumer Commission. The National Consumer Commission can also handle original consumer complaints if the value is more than 1 crore. Parties aggrieved by the orders of the National Consumer Disputes redressal Commission can approach the Honble Supreme Court of India by way of either an appeal or by a Special Leave Petition with 30 days from the date of receipt of the order of the National Consumer Commission. These Appeals are filed under S.23 of the Consumer Protection Act,1986. The Lawyers of the Firm are having a strong experience in filing and handling Consumer cases, Appeals and revisions before the State Commission, National Consumer Commission and Supreme Court of India. Since the partners of the Firm have worked with all top senior counsels of India, the Firm can effectively assist the client, if desired so.

Writ Petitions
The Constitution of India has empowered the Supreme Court of India to directly handle Writ Petitions if any person complains and establishes that his fundamental rights guaranteed under the Constitution of India are affected by any of the Institutions of the State or the Country. These Writ Petitions are filed in the Supreme Court of India under Article 32 of the Constitution of India. Constitution provides for the Writ Petition rights, under Article 226 and Article 32 of the Constitution of India for the Citizens of India and others to protect their rights against the violations of the State. Article 226 in a way is more elaborate than Article 32 of the Constitution of India. If the fundamental rights of a person is violated or for public interest litigations, people can approach the Supreme Court of India directly. The Firms lawyers being quailed Advocates on record have handled many Writ Petitions filed by various persons under 32 of the Constitution of India and under Article 226 before the High Courts of India. The lawyers of the Firm have appeared for even Foreigners, students, candidates in elections, public

Tax Appeals
If any Company or an individual or department is aggrieved by the Judgement or order passed by any High Court, that aggrieved party can approach the Honble Supreme Court of India by a Petition filed under Article 136 of the Constitution of India seeking Special leave to appeal against the above said order or Judgment. Mr. Ravi Shankar Partner who is holding a Masters degree in Management has vast experience in handling even complex income-tax and sales tax related cases in the Supreme Court of India. He has written various articles in various journals published by tax law Associations on various tax related issues. The firm is also fully competent to engage Senior Lawyers of High repute to argue heavy tax matters, if desired by the client.

Intellectual Property cases and Appeals

The Firm has handled very complex and reported cases with regard to Trade Mark disputes, copy right issues, design disputes and Patent cases. The Firms Lawyers having clients from various countries have handled such intellectual property cases for clients from various countries of Europe and Asia. Intellectual property disputes are also handled in the Supreme Court of India under the category of Civil Appeals, under Article 136 of the Constitution of India.

LAW SENATE
B3/73, Safdarjung Enclave, LGF, New Delhi -110029 Tel : +91-11-26102873,26104773 www.lawsenate.com contact@lawsenate.com

MEMBERSHIP AND AFFILIATIONS

The Firm is a member of various chambers of commerce and professional bodies including Associated Chamber of Commerce, International Chamber of Commerce (ICC) India The Partners are Members of

International Bar Association (IBA) International Council for commercial Arbitration (ICCA) Asian Institute of International Law Supreme Court Bar association (SCBA) Arbitration Bar of India (ABI) Delhi High Court Bar Association Indian Council of Arbitration (ICA) Association for International Arbitration (AIA)

What matters most to you, matters us...

Vibrant, progressive and bold, Law Senate is a Law Firm to match todays changing world. We do look forward to being of service to you. Law Senate benefits from a team of multicultural lawyers and staff, whose wide range of talents and backgrounds, including degrees from various high class universities, contribute valuable knowledge, experience and creativity to the firm. Each member of the firm is at least bilingual and, depending on the matter, work is performed in English, Hindi, Malayalam, Tamil, Telugu and other languages. Members of the firm also participate in professional organizations and academic life by publishing, lecturing at institutions and seminars, and attending national & international conferences. This provides us with an approach well grounded in both the theoretical and practical aspects of legal issues, and assists us to anticipate global and local changes and to respond with innovative and appropriate solutions.

Law Senate
B3/73, Safdarjung Enclave, LGF, New Delhi -110029 Tel : +91-11-26102873,26104773 www.lawsenate.com contact@lawsenate.com