Jatin Kochhar

Jatin's practice is anchored in international arbitration and the court proceedings that surround it. He has acted as counsel and as secretary to arbitral tribunals in more than 80 arbitrations seated in India, Singapore, London, Paris, Dubai (DIFC), Hong Kong, Kuala Lumpur, Bhutan and Nepal, under the ICC, LCIA, SIAC, DIAC and Indian Council of Arbitration rules and in ad hoc proceedings, including under the UNCITRAL Arbitration Rules. The subject matter has ranged across production sharing agreements, power plants and refineries, railways and pipelines, commodity supply, insurance, distribution and licensing, and shareholder arrangements, and he is recognised in particular for commodity arbitrations with an international component.

Around the arbitrations themselves, he handles interim measures, enforcement and setting-aside proceedings, the recognition of foreign judgments and awards and the management of parallel proceedings before Indian and foreign courts, and advises on Indian law in disputes pending abroad. Before moving fully into counsel work, Jatin served as secretary to tribunals chaired by senior arbitrators from the common-law and civil-law worlds; he has seen which submissions persuade a tribunal and which do not, and he brings that knowledge to the drafting of pleadings, the preparation of witnesses and experts and the framing of oral argument.

Notable Work

• Represented His Majesty the King in Right of Canada in multi-jurisdictional litigation arising from a large-scale cross-border fraud, including the tracing, freezing and recovery of assets.
• Member of the international legal team representing the Italian Republic in the inter-State arbitration under Annex VII of the United Nations Convention on the Law of the Sea in The “Enrica Lexie” Incident (Italy v. India), PCA Case No. 2015-28.
• Represented India's leading importer of steam coal before the Supreme Court of India in proceedings against a leading Swiss energy and commodities trading house over the enforcement in India of a London-seated award.
• Arbitration under the Indian Council of Arbitration between a Singapore-based trading house and India's largest State-owned trading corporation over the supply of Indonesian-origin steam coal to India.
• Advised a manganese ore trading group with African mining interests on enforcing a SIAC award against a Hong Kong-based commodities trader.
• Two consolidated arbitrations between India's largest energy conglomerate and a leading upstream oil and gas producer under a Production Sharing Agreement.
• Advised an international oil and gas explorer on Indian law and the construction of a Production Sharing Agreement in enforcement proceedings before the United States District Court for the District of Columbia.
• UNCITRAL arbitration between an Indian energy major and a Swiss engineering conglomerate concerning multiple disputes arising from the construction of a grassroots oil refinery.
• Ad hoc arbitration, with multi-billion-dollar claims, between an Indian State-owned energy major and a Russian State-owned industrial group arising from the construction of a mega power plant.
• Ad hoc arbitration between an Indian hydrocarbon exploration and production company and a Canadian oilfield services provider.
• ICC arbitration between a Japanese-Indian consortium and an Indian State-owned entity concerning the engineering, procurement and construction of a 600 km railway line.
• ICC arbitration over a sinter plant project between India's largest steel producer and an Indo-German consortium of engineering and construction contractors.
• Two consolidated ICC arbitrations between an Indian engineering, construction and infrastructure major and a heavy machinery manufacturer from Slovenia.
• Ad hoc arbitration between an Indian aluminium major and a leading Chinese engineering and construction contractor arising from a captive power plant project.
• Two consolidated arbitrations between an Indian gas transmission company and a consortium of Indian and Iranian EPC contractors over the construction of a high-pressure natural gas pipeline.
• Assisting in an arbitration between a power and gas major and a Maharatna Government of India undertaking under a contract for laying pipelines and associated works for a city gas distribution project.
• Two consolidated arbitrations between a French energy management group and a leading Indian renewable energy company relating to two solar power plants.
• Hong Kong-seated arbitration between a leading Indian business conglomerate and the nuclear corporation of a foreign State.
• Disputes between a major general insurer and one of Asia's largest petrochemical groups over a business interruption claim under a mega package insurance policy.
• Ad hoc arbitration between a major general insurer and one of the world's largest petrochemical conglomerates over a business interruption claim under a mega package insurance policy.
• LCIA arbitration arising from the breach of an exclusive distribution agreement between an Indian pharmaceutical major and a global biopharmaceutical company with Italian links.
• Advised a global biopharmaceutical company on patient confidentiality and privacy under Indian law for the purposes of an application for a temporary restraining order and preliminary injunction before the United States District Court for the Southern District of New York.
• Advised a leading Indian multi-format retailer on Indian-law issues in a SIAC arbitration against the world's leading technology and e-commerce company.
• Dispute between a Hong Kong-based trading house and a leading Indian e-commerce company over breach of a brand and technical licence agreement.
• SIAC arbitration between an Indian construction major and a Mauritius-based investment fund under a shareholders' agreement.
• Advised a director of a Singapore technology company on proceedings under Singapore law to set aside an award arising from a post-acquisition dispute.
• Enforcement of a DIFC-seated ICC award against a UAE-based EPC contractor, advising a global technology consulting and digital-solutions group.
• Advised a State-owned entity on the enforcement of an arbitral award in the Netherlands.
• Advised a major financial institution on Indian commercial law in proceedings before the High Court of England and Wales.
• Dispute between a leading Indian retail mall developer and a Singapore-based international luxury hotel management and operations group.
• Ad hoc arbitration between a mining lessee and a mine development company arising from breach of a mining contract.
• Dispute between a manufacturer of process equipment, including pressure vessels and columns, and a joint venture concerning the computation and payment of CENVAT credit under the CENVAT Credit Rules, 2004.
• Two consolidated ad hoc arbitrations between an Indian manufacturer and supplier of furnace consumables and a trading company based in Singapore.
• Ad hoc arbitration between a US-linked counterparty and a leading Indian marketing and events company.
• LCIA arbitration between a German company and an Indian company under a supply contract.

Jatin advises boards, promoters, investors and management teams on acquisitions and investments, joint ventures, shareholder and promoter relationships, corporate governance, corporate finance and restructuring, and on the disputes that these arrangements generate. His clients range from founders, family enterprises and start-ups to listed companies, airports, infrastructure developers and multinational groups in infrastructure, real estate, energy, telecom, aviation, hospitality, life sciences and technology.

What distinguishes his corporate work is its disputes orientation. He is most often engaged on commercial and transactional disputes and on the contractual positions that precede them: the structuring and risk allocation of complex contracts, the operation of termination, force majeure and liquidated damages provisions, bank guarantees, concession agreements and the regulatory obligations of listed companies under the Companies Act, 2013 and SEBI regulations. He also advises foreign businesses, including technology-led companies, on India market entry, structuring and the Indian regulatory landscape.

Notable Work

• Advised a consortium of hospitality investors on a bid exceeding USD 800 million to acquire an iconic New York City hotel from its India-based owners.
• Advised on the acquisition by a State-owned insurer of a controlling stake in a leading Indian industrial development bank.
• Advised a South African entity on its acquisition of majority control of the Indian subsidiary of a leading construction and engineering company engaged on a mega infrastructure project.
• Advised an Indian company on acquiring a South African company's controlling interest in a prominent Indian beverage business.
• Advised an Indian business on the acquisition of industrial assets located in the United Kingdom.
• Acted for the promoters of one of the Middle East's largest luxury goods manufacturers in disputes under a family business governance agreement and over the division of multi-billion-dollar group assets held worldwide.
• Oppression and mismanagement matter: advised a director of a leading Indian luxury hotel group.
• Advised a leading global audit firm on the applicability and interpretation of a provision of Indian company law in the context of a multi-billion-dollar financial fraud.
• Advised a leading Indian housing finance company on the disclosure obligations of listed companies under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.
• Advised one of India's largest telecom operators on the implications of the Supreme Court of India's Adjusted Gross Revenue ruling for licence fees and spectrum usage charges.
• Advised one of the world's leading EPC contractors on the levy of liquidated damages in a supercritical thermal power plant turnkey contract.
• Advised India's leading construction company on the interpretation and operation of termination and force majeure clauses in a major metro construction contract.
• Advised a special purpose vehicle, a joint venture of two prominent Indian business houses executing a major road project, in a dispute with the State over the interpretation of the concession agreement and the sharing of toll revenue.
• Advised a leading Indian energy company, following an acquisition, on the State's levy of land transfer fees.
• Acted for India's leading battery manufacturer before the commercial court and the High Court in disputes over the invocation of a bank guarantee.
• Acted for India's largest international airport on the online sale and purchase of duty-free liquor and the interpretation of the applicable laws.
• Acted for one of India's busiest airports in a significant commercial dispute with airline operators.
• Acted for a leading North Indian real estate developer before various courts and tribunals in disputes over the sale and auction of one of central Delhi's most valuable commercial properties.
• Advised a leading Delhi-NCR developer on a complex exchange of assets with another prominent developer, involving a mega township project.
• Joint venture dispute between a real estate major and a leading retail and hospitality company.
• Acted for a religious trust in a construction-contract dispute with a leading Indian engineering and construction contractor relating to the world's tallest religious skyscraper.
• Acted for an agri-tech company in connection with a large commercial plantation project in Northeast India.
• Acted for a green technology company with South African links on two sustainable township developments in Northeast India.
• Advised a Singaporean company on a government tender for the procurement and supply of health equipment in India.

Jatin advises technology companies, industrial and advanced-manufacturing groups, digital platforms and founders on the legal and regulatory issues that arise as artificial intelligence, automation and robotics move from development into deployment in India. His work spans India market entry and corporate structuring for AI-led businesses, data protection and privacy under the Digital Personal Data Protection framework, the collection and use of data for model training, technology and licensing contracts, product-safety and regulatory exposure for automated and robotic equipment, the protection of proprietary technology and know-how, and the disputes that follow when these arrangements break down.

He is particularly engaged where industrial automation meets contentious work, acting for manufacturers of laser, CNC and automated production systems on brand protection, distribution networks, product-safety enforcement, confidential-information disputes and interim relief. He brings a disputes lawyer's view of risk allocation to technology contracting and advises boards and founders on how AI, automation and data-intensive business models interact with India's evolving regulatory architecture across data protection, foreign investment, employment and sectoral regulation.

Notable Work

• Advising a US-headquartered physical-AI and data-capture business on its India market entry, including holding and entity structure, compliance under the Digital Personal Data Protection Act, 2023 and the rules framed under it, foreign-exchange and tax structuring, intellectual property and workforce arrangements.
• Advising a technology platform moving to a US (Delaware) corporate structure on its privacy policy, terms of service and cookie framework, including a parental-consent model for users under 18 across jurisdictions.
• Advised an international gaming company on entering the Indian market, covering regulatory restrictions on online real-money games, foreign investment structuring and data protection obligations.
• Advised a global biopharmaceutical company on Indian patient-confidentiality and privacy law for injunctive-relief proceedings before the United States District Court for the Southern District of New York.
• Dispute between a Hong Kong-based trading house and a leading Indian e-commerce company over breach of a brand and technical licence agreement.
• Advised a director of a Singapore technology company on proceedings under Singapore law to set aside an award arising from a post-acquisition dispute.
• Enforcement of a DIFC-seated ICC award against a UAE-based EPC contractor, advising a global technology consulting and digital-solutions group.

Jatin's employment practice is contentious in orientation. He acts for companies and for senior individuals when an employment relationship turns into a dispute: the departure of key personnel to competitors or to ventures of their own, the misuse of confidential information and customer data, breaches of non-solicitation and confidentiality obligations, allegations of misconduct or conflict of interest against executives, and the inquiries a board must complete before it acts. He also advises on the employment architecture of new Indian operations, including the choice between employees and contractors, documentation, and compliance with Indian labour legislation.

His approach combines civil interim relief, arbitration and, where the facts justify it, criminal process in a sequenced strategy, and he draws on his investigations and white-collar experience when an employment issue carries regulatory or reputational exposure for the organisation or the individual concerned.

Notable Work

• Acting for an international laser-equipment and advanced-manufacturing group and its Indian subsidiary against former employees who established a competing business, including a petition for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 and a parallel criminal complaint concerning misuse of confidential information.
• Advising a US-headquartered AI business on the labour-law and workforce aspects of its India entry, including entity structure and employment and contractor arrangements.
• Represented a C-suite executive of an Indian financial services company with Canadian and UK links in an internal inquiry into alleged professional misconduct and conflict of interest.
• Advised a leading real estate lender on an internal inquiry into one of its C-suite executives accused of corruption and breaches of the employee code of conduct.
• Acted for a leading Indian investment and financial services company in connection with an internal inquiry into alleged financial misconduct and foreign exchange violations.
• Criminal defamation proceedings against a leading Indian financial services company, acting for a former C-suite executive.

Jatin's sports practice has grown out of cricket administration. He has served as legal advisor to the office of the Ombudsman of the Delhi & District Cricket Association, the Hyderabad Cricket Association and the Chhattisgarh State Cricket Sangh, acted as Assistant Electoral Officer for the general elections of the Chhattisgarh State Cricket Sangh and advised the Rajasthan Cricket Association on regulatory and governance issues. That work has given him a practical understanding of how State associations are governed under the Lodha Committee reforms and BCCI guidelines and how complaints, enquiries and elections are actually run.

In gaming, he advises fantasy-sports operators, including Dream11 and MPL, and other participants in the game-of-skill sector on the legality of their formats, State-level restrictions, licensing, brand protection, market entry and foreign investment, and engagement with regulators on the evolving framework for online skill-based games. He also acts for sporting brands on intellectual property and licensing arrangements with Indian sporting bodies.

Notable Work

• Advised the Delhi & District Cricket Association on its day-to-day affairs and on complaints before the Office of the Ombudsman.
• Advised the Hyderabad Cricket Association on enquiries into certain office bearers arising from complaints before the Ombudsman.
• Served as Assistant Electoral Officer for the general elections of the Chhattisgarh State Cricket Sangh.
• Advised the Rajasthan Cricket Association on its day-to-day affairs and on complaints before the Office of the Ombudsman.
• Advised a cricket association on disputes over candidates' eligibility for office-bearer elections in light of the Lodha Committee reforms and BCCI guidelines.
• Advised fantasy-sports operators including Sporta Technologies (Dream11) and MPL on the legality of fantasy gaming formats and the laws that govern them.
• Advised an international gaming company on entering the Indian market, covering regulatory restrictions on online real-money games, foreign investment structuring and data protection obligations.
• Counsel to a global sportswear brand on intellectual property protection and licensing arrangements with Indian sporting bodies.

Jatin's public law work sits at the junction of constitutional litigation, regulatory compliance and institutional governance. He has acted before the Supreme Court of India and the High Courts in eminent-domain, government-contract and service matters, and has advised a leading non-profit on policy under the National Food Security Act. A distinctive strand of this practice is his role as Special Counsel to the High Powered Committee constituted by the Supreme Court of India, a body with pan-India jurisdiction over the transfer and welfare of captive elephants and other captive wild animals, in which he advises on inter-State transfers, inspections, welfare regulation and the Committee's orders and proceedings, and appears on its behalf before the Bombay High Court.

He has also served as secretary and special counsel to a court-appointed committee investigating large-scale real estate fraud, and advises businesses and institutions on regulatory risk, the design of compliance frameworks and engagement with government authorities, with attention to the policy and public-interest context in which regulators act.

Notable Work

• Special Counsel to the High Powered Committee appointed by the Supreme Court of India and chaired by a former Judge of that Court, on the transfer and import of captive wild animals in India, including appearances for the Committee before the Bombay High Court.
• Advised on legal and policy questions under the National Food Security Act relating to the Mid-Day Meal scheme, including successful representations before government authorities for a leading non-profit on policy issues affecting more than two million school children.
• Acted for the public charitable trust that runs the world's largest free school lunch programme in government-contract matters before the Delhi High Court and the Supreme Court of India.
• Represented aggrieved landowners before the Supreme Court of India in a multi-billion-dollar eminent-domain dispute over a prominent Mumbai land parcel.
• Secretary and special counsel to a High Powered Committee appointed by the court and chaired by a former Supreme Court Judge to investigate a large real estate fraud affecting thousands of investors.
• Acted in a special leave petition before the Supreme Court of India challenging a High Court's administrative-side decision concerning court staff.

Jatin advises on the tracing, preservation and recovery of assets, including injunctions, worldwide freezing orders and search and seizure relief, and on the enforcement of judgments and arbitral awards before Indian and foreign courts. He has acted for a foreign State, public sector banks, corporations and individuals in matters arising from some of India's most significant fraud, money laundering and proceeds-of-crime cases, including proceedings under the anti-money-laundering and black money legislation and investigations by the Central Bureau of Investigation and the Enforcement Directorate.

He conducts internal inquiries for companies and defends boards, senior executives and promoters in regulatory and criminal proceedings alleging fraud, bribery, corruption and money laundering, and advises on responses to government inquiries and compliance failures. His advice weighs the legal, commercial and reputational consequences of each step so that clients can act with speed and discretion.

Notable Work

• Advised a foreign State on global enforcement proceedings and the execution of a worldwide freezing order.
• Advised the former Chairman of one of the world's largest liquor businesses, declared a fugitive economic offender in India, across proceedings in India and the United Kingdom spanning bankruptcy, money laundering, debt enforcement and claims for international protection.
• Served as secretary and special counsel to a court-appointed committee, chaired by a retired Judge of the Supreme Court of India, investigating a major real estate fraud that affected thousands of investors.
• Acted for the Chairman, a director and a senior executive of a leading Indian mining and trading company in Central Bureau of Investigation proceedings alleging bribery and corruption.
• Represented a prominent land aggregator in multiple proceedings before tribunals and courts, including the Supreme Court of India, arising from money laundering allegations connected with India's largest spot exchange scam.
• Acted for an Indian public sector bank in proceedings arising from the Enforcement Directorate's attachment of mortgaged properties as proceeds of crime under India's anti-money-laundering law.
• Represented the President of one of Asia's most expensive residential housing societies in politically sensitive litigation before the High Court and the Supreme Court of India concerning allegations of large-scale real estate fraud.
• Advised a prominent businessperson with aviation, hospitality and real estate interests in one of the earliest proceedings under India's Black Money Act.
• Acted for a Dominican high-net-worth individual seeking anticipatory bail before the Supreme Court of India in a matter alleging cross-border cyber and cryptocurrency fraud in the United States and India.
• Acted for a prominent individual charged with corruption and money laundering in a major Indian scam involving medical entrance examinations, admissions and recruitment.
• Acted for aggrieved investors in a multi-million-dollar real estate investment fraud case against a prominent developer on charges of fraud and cheating.
• Advised a prominent UAE-based entrepreneur with finance and manufacturing interests facing criminal proceedings over an alleged wilful default on an Indian loan facility.
• Represented the directors and guarantors of a leading food manufacturer during a criminal investigation into the alleged fraudulent misappropriation of a finance facility.
• Acted for a leading Indian investment and financial services company in connection with an internal inquiry into alleged financial misconduct and foreign exchange violations.
• Represented a C-suite executive of an Indian financial services company with Canadian and UK links in an internal inquiry into alleged professional misconduct and conflict of interest.
• Advised a leading real estate lender on an internal inquiry into one of its C-suite executives accused of corruption and breaches of the employee code of conduct.
• Contributed, as the sole Indian-jurisdiction contributing firm, to a questionnaire of the International Bar Association's Asset Recovery Committee for the StAR Initiative on the direct recovery of assets.

Jatin acts in extradition, mutual legal assistance and INTERPOL matters, with a particular concentration on cases involving Indian nationals declared fugitive economic offenders and on requests passing between India and foreign States. He has assisted clients in obtaining access to, correcting and deleting INTERPOL data and in securing the cancellation of Red Notices and Diffusions before the Commission for the Control of INTERPOL's Files, and advises on investigative requests and treaty-based cooperation in matters alleging fraud, bribery, money laundering and conflicts of interest.

His clients in this area include industrialists, entrepreneurs and C-suite executives, and his advice draws on a working knowledge of extradition law and procedure, treaty obligations and the interaction between Indian criminal process and foreign proceedings. Because of the sensitivity of these matters, his representations are described only in general terms.

Notable Work

• Represented an Indian industrialist and former politician, facing extradition to India, in relation to claims for international protection.
• Advised a prominent Indian defence contractor on extradition proceedings under the India-United Kingdom extradition treaty.
• Acted for two Belgian residents before the Commission for the Control of INTERPOL's Files seeking cancellation of Red Notices issued on India's request over an alleged multi-billion-dollar cross-border fraud and money laundering.
• Advised a former diamantaire, now declared a fugitive economic offender and sought by India from the United Kingdom over alleged multi-billion-dollar fraud and money laundering, on claims for international protection.
• Represented senior executives of a leading Indian conglomerate in responding to a foreign State's investigative requests under a mutual legal assistance treaty and before the Commission for the Control of INTERPOL's Files for the cancellation of Diffusions issued by that State's National Central Bureau alleging cross-border financial fraud and money laundering.

Jatin acts for lenders, asset reconstruction companies, resolution professionals, corporate debtors and personal guarantors in debt recovery and insolvency matters, including proceedings under the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, and advises bidders on distressed acquisitions.

His insolvency work frequently has a cross-border dimension, including personal bankruptcy proceedings before the High Court of England and Wales, and he works with companies in financial distress to identify restructuring options that are commercially workable and compliant with regulatory requirements.

Notable Work

• Advised the world's leading integrated steel and mining group on its USD 5 billion bid for a debt-laden company in insolvency.
• Advised a petrochemical major on debts and non-performing assets of USD 750 million.
• Advised the resolution professional of an Indian infrastructure major in corporate insolvency on the admission of creditors' claims.
• Advised a leading asset reconstruction company on debt enforcement and corporate insolvency issues.
• Acted for a leading housing bank before the National Company Law Tribunal in enforcing a financial debt.
• Advised the former chairperson of India's largest spirits company and a defunct airline in personal bankruptcy proceedings in the High Court of England and Wales.

Jatin acts in civil and criminal defamation proceedings for claimants and defendants, including conglomerates, non-profit organisations and senior executives facing or pursuing claims against media organisations and individuals. He pairs the litigation with practical advice on crisis management, media engagement and communications so that the legal response and the reputational response work together.

Notable Work

• Acted for one of the world's largest business conglomerates in a series of civil and criminal defamation actions against Indian and international media organisations and individuals over allegedly defamatory and inaccurate publications.
• Represented one of the world's largest non-profit organisations, together with its office bearers, in civil and criminal defamation cases in India.
• Criminal defamation proceedings against a leading Indian financial services company, acting for a former C-suite executive.