Fountain Court Chambers
Lawyers
Gaurav Pachnanda
Position
Gaurav Pachnanda SA is a Senior Advocate, based in India, whose practice before the Supreme Court of India and other courts and tribunals is focused on commercial and corporate litigation, including domestic and international arbitrations.
He is a Registered Foreign Lawyer at the Singapore International Commercial Court (SICC), since September 2016.
Gaurav is a Door Tenant at Fountain Court Chambers, London and Singapore, where his practice includes a wide range of commercial litigation, arbitration and advisory work; with a significant multi-jurisdictional component.
Gaurav has a leading commercial litigation, arbitration and advisory practice. He is regularly briefed as a Senior Advocate, both by Indian public sector undertakings and by private multi-national corporations, to lead in several complex and high-value commercial and corporate disputes before courts and tribunals in India as well as in domestic and international commercial arbitrations, in India and abroad.
His areas of expertise include joint venture, shareholders, construction, consumer and intellectual property rights disputes; and international arbitrations under a wide range of institutional rules. His expertise also lies in handling complex trials and conducting heavy cross-examinations before arbitral tribunals. Gaurav also acts as arbitrator and has appeared as an expert witness on Indian law before foreign arbitral tribunals.
Career
Call 1997, Silk 2011.
Recent/Notable Cases:
Arbitration
Representation of a prominent group of companies in an international commercial arbitration seated in Singapore, under the rules of the Singapore International Arbitration Centre (SIAC), involving disputes arising out of a Shareholders Agreement. Representation of a company incorporated in Singapore and part of a European group of companies, and its Indian subsidiary, in an international commercial arbitration seated in New Delhi, India, involving disputes arising out of inter alia a Shareholders Agreement. Representation of a leading Indian multinational information technology (IT) services and consulting company in two high-value and high-profile arbitrations in the IT infrastructure sector, seated in New Delhi, India, against an Indian entity. Representation of an Indian manufacturing company in two international commercial arbitrations, one seated in India and the other seated in London under the rules of London Court of International Arbitration (LCIA), in defending a claim of over one billion USD, in connection with disputes relating to a prominent mobile services operator in the telecom sector. Representation of a leading Dutch lifestyle and design company/brand in an international commercial arbitration seated in India, against an Indian company. Representation of one of the largest producers of cement in India, in a construction arbitration seated in Mumbai, India, in defending claims of breach of contract, made by a public limited construction company. Representation of a public sector undertaking and project-implementing agency of a state government, in a construction arbitration against the project concessionaire, seated in New Delhi, India. Representation of a consortium of a Malaysian company in a multi-million construction arbitration arising out of an offshore construction contract, in an international commercial arbitration, seated in Mumbai, India, against Oil and Natural Gas Corporation (ONGC).Commercial Litigation
WAPCOS Limited v. Salma Dam Joint Venture and another, reported at (2020) 3 SCC 169 - Successfully represented the appellant before the Supreme Court of India, against a judgment of the Delhi High Court, making a default appointment constituting an arbitral tribunal for settlement of disputes between the parties. Star India (P) Limited and another v Society of Catalysts and others, reported at (2020) 13 SCC 401 - Successfully represented the appellant before the Supreme Court of India, against a determination of unfair trade practice made against it by the National Consumer Dispute Redressal Commission (NCDRC). Daiichi Sankyo Company Limited v. Oscar Investments Limited and others [SLP (C) No. 20417/2017] - Representation of a Singaporean company in a high-profile and high-value litigation, involving contempt proceedings amongst several multi-national companies, before the Supreme Court of India. Royal Orchid Associated Hotels Private Limited v. Kesho Lal Goyal, reported at 2020 SCC Online Del 1708 - Successfully represented the owner of a prominent chain of hotels, before the Delhi High Court, in defending an application seeking interim measures of protection against alleged wrongful termination of a hotel operation agreement. Lifestyle Equities CV v QDSeatoman Designs Private Limited, reported at 2018 SCCOnLine SC 638 - Successfully represented a leading Netherlands based apparel company, before the Supreme Court of India, in three connected matters relating to an international commercial dispute with an Indian company, the lead matter being with regard to the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Phonepe Private Limited v. Ezy Services and another, reported at 2021 (86) PTC 437 [Del]; Phonepe Private Limited v. Resilient Innovations Private Limited, Commercial IP Suit (L) No. 25027/2021 - Successfully represented a billion-dollar company, in an interim relief application for trademark infringement and passing off before the Delhi High Court and in an application for ad-interim reliefs before the Bombay High Court. Communication Components Antenna Inc. v. Ace Technologies Corp. and others, reported at (2019) 80 PTC 459 - Successfully represented a leading Canadian company before the Delhi High Court, in multiple commercial suits involving infringement of their registered patent in several interlocutory proceedings for injunction, as well as special leave petitions before the Supreme Court of India, challenging injunctive orders.Languages
English, Hindi, Urdu, Punjabi, Dogri.
Memberships
Gaurav has been nominated by the Chief Justice of Jammu and Kashmir High Court as a member of the Arbitration Committee of the Jammu and Kashmir International Arbitration Centre (JKIAC).
He is on the Board of Directors of Nani Palkhivala Arbitration Centre (NPAC), at New Delhi and Chennai.
He is a member of the Supreme Court (of India) Bar Association (SCBA), the London Court of International Arbitration (LCIA), the Commonwealth Lawyers’ Association, London (CLA), the J&K High Court Bar Association (Jammu) and the Delhi High Court Bar Association (DHCBA). He is also an honorary member of The Commercial Bar Association (COMBAR).
Gaurav is a life member of the Indian Law Institute (ILI), the Indian Council of Arbitration (ICA), the International Centre for Alternative Dispute Resolution (ICADR) and the Bar Association of India.
Education
Bachelor of Civil Law (BCL), Corpus Christi College, University of Oxford
LL.B, Faculty of Law, University of Jammu
B.Com (Honours), University of Jammu