As an advocate at the chamber of a leading Senior Counsel (equivalent of a King’s Counsel), she was regularly involved in representing clients in complex, high value disputes arising out of shareholder agreements, construction contracts (including oil and gas) and corporate loan agreements. She has appeared before a variety of arbitral tribunals, both international and domestic. More recently, Anushka assisted as external counsel in advising a group of individual clients in a dispute over distributorship agreement(s) with a large US-based conglomerate. She is well-versed with and has represented parties in arbitrations governed by the rules of some of the leading arbitral institutions such as the Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). She has also assisted arbitral tribunals as a tribunal secretary.
Apart from commercial work, she has experience in advising on disputes initiated under bilateral treaty frameworks.
Prior to working as an advocate in New Delhi, Anushka worked at the Mumbai office of a top-tier law firm. She has also worked at two of the leading arbitral institutions in Asia, providing her with insight into the actual working of arbitral institutions
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Represented the subsidiary of a large American e-commerce company in relation to its investment in India’s second largest company in an Indian law governed, India seated arbitration under the SIAC Rules, with claims in excess of USD 600 million.
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Represented a large public sector undertaking in opposing claims of an alleged lack of jurisdiction of the arbitral tribunal, raised by a Turkish multinational company in disputes arising out of an agreement for the construction of a mega petro-chemical plant. The claims raised by the PSU run in excess of INR 2,000 crores.
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Represented in a limited ‘written pleadings only’ proceeding, an Indian hospitality company in bringing claims against a multi-million-dollar American hospitality giant.
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Represented a company engaged in the broadcast business in bringing claims against a large US based broadcasting company, in an Indian law governed, Singapore-seated arbitration under the SIAC Rules.
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Represented a seed supplier in proceedings under the Arbitration Rules of the Grain and Feed Trade Association.
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Assisted in proceedings initiated by a construction company against a power company under an agreement for the construction of a hydro power project.
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Represented the Mauritian subsidiary of a French company in defending claims brought against it by an Indian public listed company, in an Indian law governed, Singapore-seated arbitration under the SIAC Rules.
Arbitration
Court Litigation
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Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV 2022 SCC OnLine SC 1112, on the interpretation of the Fourth Schedule to the Arbitration and Conciliation Act, 1996, with special recognition in the judgment for the work done as second chair to the Amicus Curiae.
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Amazon.com NV Investment Holdings LLC v. Future Retail Limited, 2021 SCC Online SC 557, a landmark decision in which Emergency Awards have been held to be enforceable under the Arbitration and Conciliation Act, 1996.
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PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited (2021) 7 SCC 1: Another landmark decision in which the Court finally answered the vexed issue of whether two Indian parties can choose a foreign seat, in the affirmative.
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Gujarat State Civil Supplies Corporation Limited v. MahakaliFoods Private Limited and Anr. (2023) 6 SCC 401, on the approach to conflict arising out of arbitration prescribed under the Micro Small and Medium Enterprises Development Act, 2006, when there is an independent contractual arbitration agreement between the parties.
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Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd.(2021) 2 RCR (Civil) 162, on the ability of Indian parties to choose a foreign seat and principles of choice of law.
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Hindustan Construction Company Limited v. National Hydro Electric Power Corporation Ltd. (2023) 2 HCC (Del) 248, on the law on special equities to interfere with invocation of unconditional bank guarantees.
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Technimont Private Limited & Anr. v. ONGC Petro Additions Limited 2020 SCC OnLine Del 653, on the law on special equitiesto interfere with invocation of unconditional bank guarantees. *Currently in appeal before a Division Bench of the High Court.
Anushka Shah
Partner
BAR & COURT ADMISSIONS
▪ India
▪ England & Wales
EDUCATION
B.A. LL.B (Hons.) Government Law College, Mumbai
CONTACT
Anushka leads the firm’s arbitration practice.
She is a dual-qualified Indian Advocate and English Solicitor. She specializes in commercial dispute resolution, with a focus on international commercial arbitration.
