Neerav Merchant
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
- Anti-Corruption
- General Commercial
- Real Property
- Disputes (Litigation and Arbitration)
- Employment
- Technology, Media and Telecommunications
- Manufacturing and Industrial
- Technology
- Pharmaceuticals and Life-Sciences
- B. Com., Jai Hind College, University of Mumbai
- LL. B., KC Law College, University of Mumbai
- India
- 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
Recent Transactions
- 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.
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Articles
Unfair Contracts: A statutory nod to equitable law?
Recently, in Ireo Grace Realtech Private Limited v. Abhishek Khanna and Ors. (C.A. 5785 of 2019), India’s Supreme Court (the “SC”) examined the binding value of oppressive and one-sided contracts, and the recourse for affected parties under Indian consumer protection...
Delhi High Court: Indian parties free to choose foreign law to govern arbitration between them
Recently, in the case of Dholi Spintex Pvt Ltd v. Louis Dreyfus Company India Pvt Ltd, the Delhi High Court (DHC) held that two Indian parties can agree to a foreign law governing the arbitration. In this case, the DHC relied on GMR Energy Limited vs. Doosan Power...
Initiation of insolvency proceedings against personal guarantors: Indian courts freeze Anil Ambani’s assets
On November 15, 2019, the Indian government notified the commencement of Part III of the Insolvency and Bankruptcy Code, 2016 (IBC), which provides for the insolvency resolution process for individuals and partnership firms. The relevant provisions in so far as they...
Yes Bank vs Zee: a curious case of comfort & guarantee
Introduction Letters of Comfort (LoC) have been issued by the promoters of various borrower companies to Indian banks, overseas branches of Indian banks and non-bank lenders. In many cases, these have been equated with guarantees. On August 19, 2020, the Bombay High...
The aftermath of COVID-19 in India: Employment law has assumed greater importance than ever before
India is the fifth-largest economy in the world with a workforce of 400 million. Several companies across the world have wholly-owned subsidiaries in India, mainly in sectors like IT and IT-enabled services, financial services, consulting, insurance and healthcare. A...
Litigating in India in the COVID-19 era
Tolling of the statute of limitation As a result of the health emergency situation arising out of the COVID-19 pandemic, with effect from March 15, 2020 until further orders, India’s Supreme Court (SC), in exercise of its extraordinary powers under Article 142 of the...