Shardul Amarchand Mangaldas & Co

Dispute Resolution

Ms. Smarika Singh is a Partner in the Firm’s Dispute Resolution team. She works very closely on matters pertaining to litigation and commercial arbitration.

Smarika has been part of Domestic & International Commercial Arbitrations and related litigation in the sectors of Oil & Gas, Power & Infrastructure, Coal & Mining and Construction. She also regularly advises clients on contentious issues arising under the Real Estate (Regulation and Development) Act and the Food Safety and Standards Act. She represents clients in litigations before the Delhi High Court as well in the Supreme Court of India and in specialized Tribunals such as the Telecom Dispute Settlement & Appellate Tribunal, National Consumer Disputes Redressal Commission and National Company Law Tribunal.

Smarika has also contributed to various publications, with articles such as “Online Dispute Resolution: Lets Resolve It” published in Asian Dispute Review, January 2007; “Minerva Mills: Embargo On Basic Structure” published in All India Reporter, March 2005 Edition; “Need For A Trade Secrets Legislation: Delay Is Detrimental” published in Indian Economic Panorama, April 2006; “Want To Play On The Stock Exchange? Get Finger Printed!” published in Lawyers Collective Magazine, April 2006; The CAS (Conditional Access System) Case: Beneficial Yet Controversial” published in Indian Economic Panorama, January 2007.

SELECT EXPERIENCE STATEMENT

 Some of the select transactions where she has assisted the firm:

ARBITRATIONS

• Represented Vale Australia Pty Ltd., an Australian miner, in an international commercial arbitration under the ICC Rules. The dispute related to coal supply to an Indian entity. She also acted in the consequential challenge to the award right up to the Supreme Court;
• Represented Bharat Heavy Electricals Limited in arbitration proceedings conducted under the ICC Rules at London, arising out of disputes in respect of a turnkey contract for the construction of a power plant in Sulemaniah, Kurdistan Iraq;
• Advised AAPC Singapore Pte Ltd. in an international arbitration under the ICC Rules in relation to disputes over the use of “Ibis” trademark;
• Represented Havells India Pty Ltd. in an arbitration conducted under the ICC Rules in Paris, in respect of various intellectual property rights agreements;
• Represented Viom Networks Limited, a passive infrastructure service provider, in an ad hoc arbitration proceeding in respect of disputes under a master services agreement with its infrastructure service provider;
• Advised and represented Chic Tex Inc. a Canadian company, in various fora in relation to disputes with Indian shareholders;
• Acted as counsel for Vodafone Essar Limited in ad hoc arbitration proceedings in India.
• Appeared and represented Indus Towers Limited before the High Court of Delhi in a dispute arising out of a master services agreement entered into with an active infrastructure service provider, under Section 9 of the Arbitration and Conciliation Act, 1996.
• Represented Valency International Trading Pte Ltd. in an arbitration in relation to disputes concerning supply of urea.
• Presently representing an Indian agro company in an arbitration conducted under the ICC Rules in New York, in relation to a joint venture dispute.
• Presently representing an Indian Oil & Gas Company in proceedings arising from challenge to an arbitral award, concerning a turnkey contract for construction of pipeline.
• Presently representing an international apparel company in proceedings arising from challenge to an arbitral award, concerning a joint venture dispute.

OTHER SIGNIFICANT LITIGATIONS 

• Presently representing Nestle India Limited in a class action proceeding initiated by the Union of India before the National Consumer Disputes Redressal Commission. Also representing Nestle India Limited before the Supreme Court of India in relation to disputes arising out of ban on sale and manufacture of Maggi Noodles in India.
• Represented Oil & Natural Gas Corporation Ltd. before a Committee constituted by the Government of India to probe into and make recommendations in disputes involving gas migration from deep water blocks and consequential third party violations.
• Represented Indian Hotels Company Limited in its dispute with New Delhi Municipal Council concerning the hotel property at No. 1, Mansingh Road, New Delhi.
• Presently representing a car seat manufacturer before the National Company Law Tribunal in disputes concerning allegations of oppression and mismanagement.
• Presently advising and representing Tata Housing Development Co. Ltd. in disputes before the National Consumer Disputes Redressal Commission and before the Haryana Real Estate Regulatory Authority .
• Presently advising and representing a steel manufacturer in suit proceedings pending before the Calcutta High Court.
• Represented Sona Koyo Steering Systems Ltd. in proceedings before the Kanchipuram District Court in relation to breach of contract for manufacture of automotive parts by a Korean Company.
• Advised Converteam India Pvt. Ltd. and General Electric Company in mediation proceedings in London, in relation to disputes over the supply of software for a project in Sudan.
• Advised and represented Trans Asia Industries Exposition in litigations in the Delhi High Court (suits for possession and summary suits, etc.) and the Supreme Court (against sealing of property by the NDMC).

TELECOM DISUPTES 

• Represented Videocon Telecommunications Ltd. before the Supreme Court of India in a Public Interest Litigation questioning the grant of 2G telecom licenses by the government of India;
• Represented Videocon Telecommunications Ltd. before the Telecom Disputes Settlement and Appellate Authority in proceedings initiated by it challenging the imposition of liquidated damages by the Department of Telecommunications.
• Represented Hutchison Telecommunications International Ltd. before the Delhi High Court in a Public Interest Litigation which alleged violation of foreign exchange regulations.

WHITE COLLAR CRIMES AND ECONOMIC OFFENCES

• Investigations and Advisory regarding violations of the Prevention of Money Laundering Act, 2002 (“PMLA”), Reserve Bank of India’s circulars, Foreign exchange rules etc.;
• Acted as counsel for HDFC Bank Ltd. and Yes Bank Ltd. in respect of proceedings initiated by the Reserve Bank of India alleging breach of code of conduct and ethical standards by certain bank and violations of the PMLA;
• Representing HDFC Bank Ltd. in proceedings initiated under the PMLA.

Smarika graduated from National Law Institute University, Bhopal in 2008.

She was awarded the Pt. Ramlalji Sharma Memorial Silver Medal by the National Law Institute university, Bhopal (her alma mater) for standing first in the order of merit in the Third and Fourth years.

Straight out of law school, Smarika joined the erstwhile Amarchand Mangaldas & Suresh A. Shroff & Co. and was with the firm until its dissolution in 2015. That year, she was inducted in Shardul Amarchand Mangaldas & Co.

Smarika was promoted as a Partner in 2018. She is a part of the Arbitration Practice Group of the firm. She represented the Firm in the annual Lex Mundi Cross Border Dispute Resolution Program in Monterey, USA, 2015.

English, Hindi

Bar Council of Delhi

B.A., LL.B. (Hons.) National Law Institute University, Bhopal, 2008.