Ramakrishnan Virorghavan sc

Work Department

About

• Introduction
• Notable Cases
• Qualifications
• Publications
• Appointments
• Memberships

AREAS OF EXPERTISE

• Arbitration
• Banking & Finance
• Civil
• Commercial
• Commercial Chancery
• Company & Partnership
• Contract
• Corporate
• Corporate Insolvency
• Insurance
• Mediation
• Property

Position

Introduction

Ram is a senior counsel in India and a barrister in England and Wales. He has more than 33 years of experience in commercial litigation and has appeared before the Supreme Court of India, a large number of High Courts and tribunals in India.

He has appeared before the Company Courts and Company Law Tribunals in mergers, amalgamations and de-mergers, reorganisations relating to more than 300 companies. He regularly advises on issues of Indian corporate law and corporate restructuring and insolvency.  

He has appeared in challenges to the constitutionality of Indian statutes and subordinate legislation. 

He has appeared in a large number of commercial arbitrations, India seated and international including an international commercial arbitration seated at The Hague. He has also appeared in the superior courts in arbitration related litigation such as challenge to arbitration awards, referral to arbitration and removal of arbitrators.

Ram accepts instructions for advice on Indian law, appearance in Indian courts and in international commercial arbitrations especially those seated in South Asia.

Ram was called to the Bar of India in 1985 and called to the Bar of England and Wales in 2013. He was appointed senior counsel in India in 2017.

Career

• Year of SC 2017
• Year of Call 2013

Appointments

Appointed member of the Court Fees Rationalisation Committee as a representative of the Bar in 2015. The appointment was by the Chief Justice’s Bench, Madras High Court. The Committee’s report was accepted by the Government and the Tamil Nadu Court Fees and Suits Valuation Act was accordingly amended by the Tamil Nadu Legislative Assembly

Accredited tutor, Chartered Institute of Arbitrators

Notable Cases

SJ Ltd vs CS (2019): Challenge to the transfer of corporate winding up proceedings from the High Court to the National Company Law Tribunal (judgment awaited)

A Ltd (2018): Challenge to the National Company Law Tribunal’s order striking off a company as defunct. The challenge was upheld and the Tribunal’s order was overturned.

I Ltd vs LP Ltd (2016): Successfully represented a Sri Lankan company defending an international commercial arbitration award against challenge by an Indian public sector undertaking

Credit Suisse AG Vs SpiceJet Ltd (2016) Vol 194 Reports of Company Cases 536: Recall of an ex parte order of winding up of an Indian aviation company at the instance of a Swiss investment banking company (attached)

Al Rostamani International Exchange vs The Official Liquidator 2016 (6) Current Tamil Nadu Cases 673: Successfully appeared for the Official Liquidator, supporting the Company Court’s order refusing to adjudicate third party claims (attached)

Bharat Salt Refineries Ltd Vs New India Assurance (2016) Vol 194 Reports of Company Cases 545: Arbitrator appointed to resolve disputes negating the plea of settlement by the insurance company (attached)

Chandrashekaran vs Yoha Securities Ltd 2014 (1) Current Tamil Nadu Cases 87: Successfully challenged a stock exchange arbitration award on the ground that statutes of limitation applied to stock exchange arbitrations, overriding stock exchange rules mandating a lesser period of limitation (attached)

Publications

Books

Madras High Court Letters Patent, Appellate & Original Side Rules 6^thedition (2015) published by LexisNexis

Bhandari & Makhija Guide to Memorandum, Articles and Incorporation of Companies 6^thedition (2015) published by LexisNexis

Articles

J.Slawotsky and R. Viraraghavan, ‘Director Corporate Social Responsibility Obligations in Indian Publicly Traded Corporations: Are Directors the Guardians of Shareholders or Stakeholders?’ Transnational Dispute Management Volume 15, Issue 2, February 2018

Guide to Indian Laws (published by Globalex (New York University School of Law) 

Memberships

International Bar Association

Chartered Institute of Arbitrators

Supreme Court Bar Association (India)

Revenue Bar Association

Madras Bar Association

Education

LLM (International Commercial Law and Practice) (Edinburgh)

LLB (Bangalore); BCom (Madras)

Post graduate Diploma in Alternative Disputes Resolution (NALSAR University, Hyderabad)

Diploma in International Arbitration (Charted Institute of Arbitrators)

Fellow of the Chartered Institute of Arbitrators (Arbitration)