Titus & Co

I. Republic of Italy

• Titus & Co. represented and assisted the Republic of Italy and its Military Officials in a dispute between Italy and India concerning the “Enrica Lexie” Incident which, in public international law circles, is considered the most complex and challenging case since the 1927 Lotus case between France & Turkey.
• This dispute concerned which nation had jurisdiction over the MV Enrica Lexie, an Italian-flagged oil tanker, and over two Italian Marines stationed on board the Enrica Lexie, in respect of an incident that occurred on15 February 2012 on the high seas about 20.5 nautical miles off the Indian coast of Kerala.
• The case resulted in a landmark Judgment passed by the Hon’ble Supreme Court of India reported as Republic of Italy & Ors. v. Union of India & Ors. (2013) 4 SCC 721.
• Titus & Co., as part of a larger International Legal Team, provided further representation before the International Tribunal for the Law of the Sea (ITLOS) and an Arbitral Tribunal established under Annex VII of United Nations Convention on Law of the Sea (UNCLOS) under the auspices of the Permanent Court of Arbitration at The Hague.
• The Final Award of May 2020 of the Annex VII Arbitral Tribunal inter-alia held that the two Italian Marines are entitled to military and functional immunity and that India is precluded from exercising any jurisdiction over them, thus finding merit in the arguments that had long been agitated before Indian courts.
• Titus & Co. provided representation in the matter at all levels of Indian courts including the Supreme Court of India and was the sole Indian Counsel on the International team of lawyers representing the Republic of Italy at the aforesaid International Tribunals. The case provided unique insights and experience to members of Titus & Co. on varying aspects of public international law and workings of International Courts & Tribunals.

II. The Raytheon Company, USA

• Titus & Co. provided representation to Raytheon Company in a US$ 150 million international commercial arbitration proceeding with the Airports Authority of India for claims arising out of contracts relating to modernization of Air Traffic Systems at the Delhi and Mumbai airports. The Firm was able to successfully obtain a substantial Award in favour of Raytheon.
• Titus & Co. provided representation to Raytheon in a significant dispute in an action for a permanent and interim injunction against Jindal Tractebel Power Company Limited (JTPCL) to prevent encashment by JTPCL of performance bond executed by Raytheon in favour of JTPCL for performance of its duties under an Offshore Equipment Supply and Related Services Contract entered into between both the parties.
• The Firm represented Raytheon before the High Court of Bombay and in appeals before the Supreme Court of India whereupon the Firm successfully challenged the orders passed by the High Court of Bombay and obtained favourable orders.
• The Firm also successfully represented Raytheon before the ITAT, State High Courts and the Supreme Court of India in challenging orders passed by the Income Tax Authority in a significant off-shore transaction involving retrospective tax amendments.

III. Brown Forman, USA

• Titus & Co. provided representation in connection with disputes between joint venture partners and the liquidation proceedings of its Indian Joint Venture Company in the High Court of Delhi and in this regard obtained significant orders and favourable directions from the High Court of Delhi.

IV. IKEA Group, Sweden

• Titus & Co. provided representation to a number of large single brand multinational retailers on their foray into the Indian market, notable being the Euros 1.5 Billion investment proposal of the IKEA Group.
• Titus & Co. representation of the IKEA Group involved extensive consultations and engagement with the Indian Government including the erstwhile Foreign Investment Promotion Board, Secretariat for Industrial Assistance and the Department of Industry Policy and Promotion for relaxations and modifications resulting in the new Single Brand Retail Trading Policy that would allow for a business friendly model for India while providing greater economic benefits to the country. The representation included drafting of the extensive proposal to the Foreign Investment Promotion Board and subsequently facilitating the approval for the investment.
• The approval process faced a number of challenges but was instrumental in developing and streamlining a number of contentious issues related to the Policy including the manner of compliance with various conditions related to brand ownership, sourcing requirements, the structure of sourcing entities, inclusion of sub-brands, e-commerce, amongst others.
• Titus & Co. also advised IKEA on various issues pertaining to real estate acquisition, development, building norms and bye-laws and related approval processes and procedures across various states of India including the States of Haryana, Uttar Pradesh, Rajasthan, Maharashtra and the Union Territory of Delhi in respect of its proposed retail trading venture in India for the expansion of IKEA’s retail business in India.

V. Itochu Corporation, Japan

• Titus & Co. provided comprehensive representation to the Itochu Group in setting up over 16 ventures in diverse industries in India and in litigation management and exit strategies and execution.

VI. Hennes & Mauritz AB, Sweden

• Titus & Co. assisted in setting up of the Single Brand Retail Trading Subsidiary in India, in obtaining requisite Government approvals and advised on various business issues such as business set-up, tax structures, local law compliances in retail industry, labour law and secretarial compliances, lease of large commercial spaces, etc.
• The Real Estate practice group of Titus & Co. has directly assisted the entity in establishing more than 45 stores in 23 cities across India by conducting counterparty diligence and advising on risk mitigation measures, drafting, negotiating and concluding all types of transactional agreements including sales and long-term leases with some of India’s largest real estate majors in respect of prime locations PAN India.

VII. Decathlon S.A, France

• Titus & Co. provides legal representation and assistance to the Indian subsidiary of the renowned French multinational sporting goods retailer company in conducting diligences in respect of retail spaces and advising on risk mitigation measures and in negotiations and contract formulation with real estate developers for purposes of renting, lease and development of Decathlon retail stores in India.

VIII. Red Bull GmbH, Austria

• Titus & Co. provided representation to Red Bull, its distributors and vendors in a much publicized criminal proceedings initiated by the Indian Food and Drug Administration Department against major energy drink manufacturers. The case primarily rested on allegations of excess caffeine content in the Energy Drink; that the Indian subsidiary of Red Bull and its distributors and vendors were selling the product without holding any food license and that the label on the Energy Drink was non-compliant with law. Titus & Co. was able to prevent any detrimental enforcement action by the authorities and eventually obtained acquittal orders for the directors of the Indian subsidiary of Red Bull, its distributors and vendors.
• Titus & Co. also represented the Indian subsidiary of Red Bull in multiple proceedings in the Bombay High Court, Madras High Court and District Courts of Maharashtra with regard to correct categorization of Energy Drink under Prevention of Food Adulteration Act, 1954 and Prevention of Food Adulteration Rules, 1955 and obtained precedent setting orders impacting Food Adulteration Act and Rules and the Criminal Procedure Code.

IX. Knorr-Bremse AG, Germany

• Titus & Co. represented Knorr-Bremse in arbitration proceedings against its erstwhile partner for claims arising under a License Agreement involving complex issues relating to effects of government approval post policy relaxation and restraint of trade issues. Titus & Co. also represents the Client in ongoing litigation before the High Court of Delhi for challenging the award passed by the Arbitrators in the arbitration proceedings.

X. UPS Inc., USA

• Titus & Co. provided representation on a number of acquisitions by the company in India in order to consolidate its position in the Indian market. This also included complex JV related issues and challenges which the Firm was able to negotiate while avoiding escalation and dispute scenarios. Titus & Co. also assisted in licensing and regulatory compliance requirements and obtaining approvals from various Government regulatory bodies.
• Titus & Co. was the sole legal counsel for the Group for its Pan-India litigation matters, with the Firm being chosen to consolidate and handle hundreds of long pending cases with the mandate to negotiate and reduce the litigation numbers on merits.
• Titus & Co. provided representation as part of a global initiative, under the US FCPA laws, on anti-corruption laws in India in public and private sectors including exercise of discretion by government servants and private employees at various levels, roles and liabilities of middle-men, influence peddlers and intermediaries facilitating bribery, abetment and liability of bribe givers and corporate liability for bribery and corruption offences and various remedies and consequences under Indian law. Titus & Co. also assisted in conducting interviews across India in an extensive inquiry in respect of operations of the Indian subsidiary.