Partner and Head of Disputes
Neerav Merchant has more than 25 years of experience in dispute resolution, arbitration, litigation, enforcement of foreign judgments and awards, asset recovery, technology and telecommunication, intellectual property, employment, anti-corruption, and real property matters.
Rankings & Credentials
- General Commercial
- Real Property
- Disputes (Litigation and Arbitration)
- Technology, Media and Telecommunications
- Manufacturing and Industrial
- Pharmaceuticals and Life-Sciences
- B. Com., Jai Hind College, University of Mumbai
- LL. B., KC Law College, University of Mumbai
- Bar Council of Maharashtra and Goa
- Bombay Incorporated Law Society
- International Bar Association (Regional Representative – Asia, of the Litigation Committee for 2018-2019)
- Inter Pacific Bar Association (Vice Chair, Dispute Resolution and Arbitration Committee)
- Finalist under the category of “Dispute Resolution Lawyer of the Year” for the ALB 1st India Law Awards
- Practical Law Company and Indian Lawyer 250
- Acted for MNP Interconnection Telecom Solutions India Pvt. Ltd., an Ericsson group company, before the Delhi High Court, and thereafter, before the Supreme Court, duly challenging a regulation notified by the Telecom Regulatory Authority of India.
- Represented one of the largest Italian manufacturers and a global player in the bottle crowns and caps business in a high stakes arbitration matter emanating from the termination by our client of a majority share acquisition transaction of an Indian company.
- Advising Elementis Specialities (India) Private Limited, a listed global speciality chemicals company, on employment law matters and employee disputes.
- Representing Jeumont SA, an international industrial company with operations in 27 countries, in enforcing an ICC arbitration award in India.
- Representing SABIC UK Petrochemicals Limited, one of the world’s largest petrochemicals manufacturers, on its ongoing dispute with Punj Lloyd Limited in the Delhi High Court.
- Represented a large audit and consulting firm on an investigation into allegations of financial irregularities by its senior management in India. Conducted an internal investigation in conjunction with a forensic team and advised the client on clean-up measures and overall strategy.
- Advised SwissPost, the national postal service of Switzerland, on data protection and privacy issues under Indian law.
- Advised Givaudan (India) Pvt. Ltd., a global leader in the food flavours business, in finalizing the general conditions of contract for the appointment of contractors at its manufacturing plant being set up in Pune, Maharashtra, India.
- Advised CHEP South Africa on Indian employment law issues in connection with its Indian subsidiary, CHEP India Private Limited.
- Represented Morgan Stanley Advantage Services Private Limited on its application to the Department of Telecommunications to permit limited liability partnerships to be registered as an “other services provider” under Indian telecom regulations.
A seven-judge bench of the Supreme Court has overruled the judgement of a five-judge bench rendered in April this year in N.N.Global Mercantile Pvt. Ltd. v M/s. Indo Unique Flame Ltd. And Ors., in which a 3:2 majority held that arbitration agreements on which...
Download .pdf In the recent case of Dilip B. Jiwrajka v. Union of India (Writ Petition (Civil) No. 1281 of 2021), the Constitutional Bench of the Supreme Court (the “SC”) upheld the constitutionality of Sections 95 to 100 of the Insolvency and Bankruptcy Code, 2016...
Lack of evidence of loss of profit in an arbitral award renders the award as contrary to public policy
Download .pdf In Unibros v. All India Radio, India’s Supreme Court (the “SC”) set aside an arbitral award that allowed a claim for damages without any proof of the claimant having suffered injury, thereby rendering the award as being in conflict with India’s public...
Download .pdf The UKSC’s decision On July 26, 2023, the United Kingdom’s Supreme Court (the “UKSC”), in the matter of R (on the application of PACCAR Inc and others) (Appellants) v. Competition Appeal Tribunal and others (Respondents),  UKSC 28, held that...
India’s Supreme Court rules on the maintainability of proceedings against auditors after their resignation
Download .pdf In a recent ruling, India’s Supreme Court has held that an enquiry or proceeding against an auditor of a company under Section 140(5) of the Companies Act, 2013 (the “Act”) does not terminate upon the resignation of the auditor, and the auditor, if found...
Download .pdf Brief background Recent trends show an increase in the preference and popularity of arbitration as an alternative mode of dispute resolution. While, indisputably, arbitration has its merits, certain category of disputes may not be arbitrable. ...