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E-337, EAST OF KAILASH, NEW DELHI 110065, INDIA
Tel:
Work +91 11 46667000
Email:
Web:
www.singhassociates.in

Manoj Kumar Singh

Tel:
Work +91-11-46667000
Email:
Singh & Associates Founder – Manoj K Singh Advocates and Solicit

Work Department

Founding Partner
Heading the Litigation and ADR Practice Group

Position

-Represented an Indian conglomerate from the infrastructure sector in a matter involving issues relating to FX derivatives (the ISDA Master Agreement) before the London Court of International Arbitration (“LCIA”) wherein the claim of the opposite party besides other reliefs was for sum of about USD 39 Million. The other side was a leading Bank. I argued on behalf of the Indian conglomerate before the Arbitral Tribunal successfully and based on my analysis of ISDA Master Agreement and applicable Indian Laws, the Arbitral Tribunal held that as the transaction is against the applicable Indian Laws, the transaction is not enforceable in nature. We successfully argued that although as per the ISDA Master Agreement, the governing law of the contract is English Laws; however the doctrine of contractual estoppels will not be applicable as the ISDA Master Agreement provides that the transaction has to be in compliance with the laws of the executing country and therefore, Indian Laws will be applicable.

Represented a Czech Republic company / client [N & S & N Consultants s.r.o.] against an Indian company (under winding up proceedings) in relation to a dispute arising out of an agreement of the client with a Czech Republic company for sale of the 100% equity interest owned by it in another Czech Republic company for a total sale consideration of CZK 230,000,000. In this transaction an Indian company had guaranteed payment of the full price by the Czech company to our client. We argued the matter and the High Court of Delhi was pleased to allow winding up of the Indian company.

Represented ERA Infra Engineering Limited, a large Indian Infrastructure Company before SIAC against Adani Global Pte Limited, a part of Singapore based giant Infrastructural group. The claim against Adani Global was for the breach of contract on account of non-payment of the balance payments for the supply of “Iron Ore Fines”. We filed the claim for an amount of US$ 1 Million (approx.) on account of non-payment of the balance payments and damages including interest. Adani Global, however, raised a counter-claim of US$ 1.3 Million (approx.) and denied the Claims of our client. Since, the claim as well as the counter-claim was less than US$ 5 Million, the remarkable team applied for the expedited procedure under Rule 5 of the SIAC Rules, 2010 which was vehemently opposed by Adani Global, but the Chairman of SIAC on the other side finally decided in favor of our client and referred the arbitral matter under the expedited procedure. We successfully completed the entire arbitration within the time schedule provided by the Arbitral tribunal and the counter-claim of the opposite party was successfully defended.

-Represented a Chinese company (Guandong Fuwa Engineering Manufacturing Co. Limited), against an Indian company for recovery of monies, due to defaults committed by the Indian company by not complying with the terms of Exclusive Collaboration Agreement executed for supply and manufacture of auto components. This is a classic case were a case got settled in a time period of little over a year by our firm after the decision of Single Bench of High Court only. I advised the client to file a winding up petition under a strategy based on the documents made available to us. The Indian company being a listed company, therefore, winding up orders would greatly prejudice its interests. The Court passed winding up orders against the Indian company which made it to approach Fuwa and offered to settle the outstanding amount with Fuwa. Assisted Euro Apex B.V. (a Netherland company) in enforcing a Foreign Arbitration Award in India. The matter was successfully argued before the High Court of Bombay (Single Bench and Division Bench). The matter is pending before the Supreme Court as the other side has filed one Special Leave Petition.

Represented a client (M/s Barry Callebaut Belgium N.V) the manufacturers of chocolates which supplied the same to an Indian entity. The Indian entity defaulted in making the payment for the order. I devised the strategy and after serving proper notice to the Indian entity on behalf of the client and giving them opportunity to make the payment, filed a winding up petition in High Court of Delhi. The matter was argued and after hearing both the parties the Court was pleased to allow the petition filed by our client and had passed the winding up order against the Indian entity. Subsequently, the Indian entity offered to pay the amount due and the parties settled the matter.

Represented Jindal ITF Ltd. (JITF) in dispute proceedings with Sula Shipping & Logistics arising out of a Transshipment Agreement. Owing to the strategy devised and negotiations led, the other party settled the dispute with JITF at the very initial stage. Assisted and represented an Indian client before the Company Law Board in defending an action for oppression and mismanagement initiated against the client. The client, under this matter, was facing a dispute amount of more than INR 100 Crores. Recently represented Jindal Saw Limited and Sathi International FZE in relation to its arbitration proceedings having claim amounts of USD 316436 before DIFC / LCIA.

Career

During the last decade, Mr. Singh have received recognition and praise in the legal fraternity and have been named as a recommended dispute resolution lawyer by legal directories / publications such as Legal 500 , Indian Lawyers 250 , Finance Monthly etc. He was recently illustrated as One of the 100 Legal Luminaries of India. He has achieved many accolades owing to his indefatigable approach towards work and profession. He had been awarded the National Law Day award 2013 for the unique contribution to the field of Corporate Law. Was recognized as one of the lawyers in "40 under 45 Survey of India's Young Lawyers List” by Indian Lawyer 250, a sister publication of Who's Who Legal. Mr. Singh represent clients in commercial litigation matters before all levels of courts in India in most of the states of the country, as well as matters involving the courts of other jurisdictions. Mr. Singh have extensive experience of acting in domestic ad-hoc and institutional arbitrations along with international arbitrations under the rules of the ICC, LCIA, SIAC, LMAA, amongst others.

Languages

English, Hindi

Member

Bar Council of Delhi; Supreme Court Bar Association; High Court Bar Association; INTA; IBA; New York State Bar Association; ASSOCHAM; IACC

Education

1. History Honours from Satyawati Co-Educational College (Eve.), Delhi University;
2. Bachelor of Law Delhi University;
3. Diploma Course in Intellectual Property Law Rights conducted by Indian Institute of Law 

Leisure

Playing Cricket;


India

Dispute resolution

Within: Dispute resolution

The ‘prompt’ team at Singh & Associates Founder – Manoj K Singh Advocates and Solicitors provides ‘efficient and practical advice’, handling a vast array of disputes in the banking and finance, white-collar crime, real estate and intellectual property sectors, among others. Founding partner Manoj Singh is ‘a pragmatic lawyer who understands the difficulties faced by businesses’; Singh is currently representing Novartis in an ongoing investigation into parenteral use of inactive pharmaceutical ingredients. Vijay Singh is the other key figure, and is highly experienced in Supreme Court matters.

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Intellectual property

Within: Intellectual property

Daizy Chawla leads the team at Singh & Associates Founder – Manoj K Singh Advocates and Solicitors, and advises Dennemeyer on a number of IP aspects, including its patent annuity portfolio and infringement issues. Founding partner and head of litigation Manoj Singh is recommended for IP disputes, and senior principal associate Shrimant Singh joined from Remfry & Sagar.

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Legal Developments by:
Singh & Associates Founder – Manoj K Singh Advocates and Solicit

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