LexCounsel

LexCounsel

Founding Partner

Alishan Naqvee has over two decades of experience in corporate laws, advisory and litigation. He has advised a significant number of multinational corporate and domestic clients in the following major areas:

Public private participation projects including privatization of water distribution and supply in four cities of Karnataka, privatization of certain mills of National Textile Corporation and advise on bid for privatization of a Delhi based Government run chain of retail stores; Legal due diligence, determination of status of compliances, assessment and quantification of liabilities, adjustment of acquisition price and corrective actions to minimize liabilities of Indian target companies; Represented various clients concerning bank and corporate guarantee obligations, restructuring and refinancing, asset reconstruction, securitization and on resolution plans for corporates having financial difficulty or loan defaults, enforcement of bank guarantees, personal guarantee and corporate guarantee, advising on letter of credit, performance guarantees and bonds, etc. Some of the recent representations include advising Transaction Solutions International, India concerning its role as an authorised “Agent Institution” under the Bharat Bill Payment System, concerning RFP of Corporation Bank for ATM Managed services and its contracts with IBM; PaySec on the requirements for operating a payment gateway in India; Represented various charitable, social and educational institutions advising on all aspects of their legal structure and compliance assessment in India, including Shanti Microfinance, PARTAKE, SPECT, etc. Advising National Brain Research Center, Manesar on aspects of clinical trials. Multiparty international transactions involving negotiation and drafting of transaction related documents concerning share acquisition, share subscription, joint venture, share swap, funding, voting, put & call, non-disclosure, confidentiality, indemnity and MoUs; Retail trading and clinical trials, the emerging practice areas in the Indian marketplace; Foreign investment policy and procedure, investment approvals, investment structuring, entry strategies, options and vehicles, investment funding including external commercial borrowings, exchange control issues regarding investment and returns; Establishment of STPs/EPZ and SEZ units, advise on investment and policy incentives in the areas of IT and IT enabled services, export performance, regulatory compliances and relaxations, closure of undertakings, bonding and de-bonding, transfer of assets, BPO and other services agreements, regulatory permissions, taxation, transfer pricing, drafting of development and license agreements, and reseller agreements; Advise on day-to-day legal issues commensurate with clients’ corporate objectives, statutory, regulatory and operational aspects of establishment and conduct of business, licensing and franchising, provision of services and manufacturing, and real estate transactions.

Further, he has:

been actively involved in corporate restructuring, financing, insolvency and resolution advisory and practice. He represents creditors/debtors including corporates during restructuring exercises including resolution planes, refinancing, asset reconstruction and representation of the clients and securing approvals from the jurisdictional National Company Law Tribunals and Debt Recovery Tribunals across India. The Firm also represents clients before National Company Appellate Law Tribunal (NCLAT) and the Supreme Court of India on matters under the (Indian) Insolvency and Bankruptcy Code, 2016. been in active litigation practice at courts at all levels including the Supreme Court, High Court of Delhi, lower courts, statutory tribunals including CLB/NCLT/DRT/DRAT/National Commission and authorities such as Press Trust of India and NBSA. Based in Delhi, Alishan regularly strategizes, supervises and appears before different High Courts, including High Court of Calcutta, Punjab, Madhya Pradesh and Mumbai in crucial litigation matters. advised clients regarding investigations, inquiries, quashing petitions, stay of arrest and bail matters, travel permissions, compounding of contraventions/offences, criminal complaints and registration of FIR’s through court. represented clients in various criminal, tax, civil and arbitration matters arising out of contractual, shareholders and business disputes as also government regulations. advised series of multinational corporations on disputes with creditors, PE/VC investors exit disputes, and the commercial and legal considerations involving all facets of corporate disputes besides advising on joint ventures/partnership arrangements, technology transfer and license arrangements as well as issues related to negotiation of joint ventures and shareholders’ rights and obligations. been frequently consulted by the Government departments in their policy making initiatives, and regularly authors columns and articles in reputed journals on legal and regulatory issues of national importance. rendered opinions on Indian laws for use in foreign court proceedings and has recently testified as a foreign law expert in a trial in Canada before the Superior Court of Justice, Ontario. been recommended by Legal 500 in the area of dispute resolution and TMT and was also nominated as a leading lawyer in venture capital and private equity investment practice. represented ISCR in the Supreme Court in Swasthya Adhikar Manch case, and has advised many other clients on contentious and advisory/non-contentious matters in the areas of healthcare and pharmaceuticals as well as stem cells therapy. been regularly invited by Doordarshan and Rajya Sabha TV for rendering his legal views on their talk shows and panel discussions.

English and Hindi

Bar Council of Delhi; Bar Association of Delhi; Mediator appointed by the Ministry of Corporate Affairs with the National Company Law Tribunal benches of Delhi, Chandigarh and Allahabad; Member of the ICMR/AIIMS group engaged in developing the ethical guidelines for biomedical research involving neonatal participants and children; Lawyer member at Ethics Committees of Medanta Hospital and SPECT.

LL.B. from New Delhi in 1998; Post Graduate Diploma in Financial Laws in 2011; Diploma in Cyber Laws in 1999; Post Graduate Diploma in Industrial Relations and Personnel Management in 1998; Graduation in Physics from New Delhi in 1995.