Siddhartha Datta
Siddhartha Datta is the Partner-in-charge of the Kolkata office of the Firm and heads a team of 12 people.
Siddhartha manages legal services in all practice areas such as commercial litigation, arbitration, banking and finance, general corporate advisory and transaction practice and international legal requirements for the Kolkata office of the Firm. He was in the New Delhi Office from 2000 to 2011, and moved to Kolkata as Partner on December 21, 2011.
With more than 16 years of professional experience, Siddhartha has core competence in the areas of commercial litigation, arbitration (Domestic and International), corporate and financial crime. He has advised several clients, both in the public and private sector, on general commercial litigation including strategy and conflict advisory in potential dispute situations. Siddhartha has handled commercial litigations before a number of High Courts in India (particularly New Delhi and Calcutta), and has consistent experience of handling complex matters in the Supreme Court of India. He also conducts trials in various domestic arbitrations and often appears as counsel in the matters for the clients of the Firm.
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Siddhartha has spoken widely on issues pertaining to white collar crimes, legal aspects of domestic and international arbitrations, recent developments in the Indian arbitration law, and corporate governance. He has conducted full day workshops on the amended Arbitration Act of India in ILS Law College, Pune and in KIIT Law College, Bhubaneswar for the benefit of graduate and post-graduate students [2016].
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Infrastructure & Construction Arbitrations and related Litigations
- Paharpur Cooling Towers Private Limited in an arbitration relating to an EPC Contract for engineering, construction and installation of cooling towers at the Mundra Power Plant against a Chinese power plant construction company (main contractor) which has alleged performance issues in the cooling towers.
- A Steel manufacturing company (Adhunik Industries Limited) against two contractors for delay and defective work in relation to construction of chimneys and construction of a Coal Handling Plant at its steel plant. The disputes concern delay/distruption, variation, defect claims, and abondonment by the contractor (2 Arbitrations).
- Successfully represented Thiess Minecs India Limited along with Thiess Pty Ltd, Australia in cooperation with Rajah & Tann, Singapore in an international commercial arbitration in Singapore with regard to dispute concerning a memorandum of understanding to conduct joint mining operations.
- China First Metallurgical Group Company Limited (China & India) in three separate arbitrations in relation to turn key construction of various units of a steel plant and technical services agreement against Electrosteel Steels Limited (owner of the steel plant). The disputes concern delay/distruption, variation, defect claims, non-payment by the owner.
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- ONGC in the proceedings before Mr. Justice A.P. Shah (Retd.) Commission constituted by the Government to opine on disputes with Reliance Industries Limited, NIKO Resources and BP, due to gas migration and unauthorised sale of gas from KG Offshore Basin in violation of the rights of ONGC under its nomination block and another adjoining block in terms of the Production Sharing Contract with Government of India.
- Zambia Electricity Supply Corporation Limited (ZESCO) in relation to enforcement of a foreign award made in London against Bharat Heavy Electricals Limited (BHEL) in India, for recovery of the awarded amount arising out of disputes in relation to defective construction and supply of transformers at Kafue Gorge Power Plant , Zambia.
- Videocon Industries Limited in three international arbitrations arising out of a Production Sharing Contract (Oil and Gas sector) against the Ministry of Petroleum, Govt. of India conducted in London. The arbitrations included disputes with regard to the mortgage of rights under the PSC in favour of banks, time for payment of Profit Petroleum, and disputes on the computation of Cost Petroleum, Carry Costs, calculation of Profit Petroleum and Rate of Return (PTRR) to trigger payment of Profit Petroleum to the Government of India.
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Corporate and Financial Crime
- Satyam Fraud (2009): Worked as part of the Amarchand legal team with KPMG and Deloitte on Internal Investigations and restatement of accounts, interacted with US SEC officials, Indian Enforcement Directorate, Indian Income Tax Department, interviews of potential suspects with KPMG/ Deloitte. Related work on possible failures of statutory auditor or Audit committee, advisory on US Class Actions. Worked closely with business leaders and GC team during the revival period.
- Presently advising corporate entities in relation to various CBI (Central Bureau of Investigation) and ED (Enforcement Directorate) investigations.
Telecom Spectrum Litigations
- Etisalat in proceedings in the Supreme Court in relation to PILs challenging the 2008 2G spectrum allotment process.
- Etisalat in the Criminal Trial before the CBI Special Court (2G Cases).
- Enforcement/execution of foreign judgement and decree (UK) in Delhi High Court for a large German conglomerate in relation to vendor – finance transaction in the telecom sector.
General Commercial Litigation
- Vodafone (Scheme of merger and amalgamation), JK Group (Scheme of Arrangement and Demerger and Scheme of Merger and Amalgamation), SREI (Scheme of Arrangement and Amalgamation), Foster Wheeler (Scheme of Merger and Amalgamation) Yes Bank (objecting to a scheme of amalgamation), Philips India (Scheme of demerger) and Texmaco Rail & Engineering Ltd. (Scheme of amalgamation) in the Calcutta High Court.
- Rashmi Group on various disputes with Railways on transportation charges in the iron-ore mining sector and steel production.
- ICICI Bank on DRT, DRAT & High Court litigations.
- Successfully represented Schneider Electric India Private Limited in the Calcutta High Court in relation to excessive demand by Government of West Bengal for permission fees for transfer of property.
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- Successfully represented UTI Asset Management Company and Royal Bank of Scotland (RBS) on employee related matters and representing them in litigations in the High Court and district courts.
- Successfully represented Coal India Limited against the Children’s Investment Fund, UK in relation to litigations in Calcutta High Court and Delhi High Court (PE Investor Activism Actions).
- Successfully represented Indian Jute Industries’ Research Association in relation to disputes with Kolkata Port Trust in the Calcutta High Court.
- Swiss investor in the Company Law Board with majority in an action against minority shareholders, being parties to a Joint Venture Agreement.
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A detailed experience statement can be shared on a confidential basis.
Professional Memberships
- Bar Council of India
Education
- B.S.L. LL.B, ILS Law College, Pune
- LLM (International Business Laws) [Distinction], LSE (UK)
