Dharmendra Rautray

Get to Know Dharmendra Rautray

Education: Barrister-at-Law, Lincoln’s Inn (London), LL.M, London School of Economics

Author: “Principles of law of Arbitration in India” published by Wolters Kluwer (2018)

Year of Enrolment: 1995

• Handling and acting as lead Counsel for a Canadian JV – Indian Joint Venture Company in three arbitrations proceedings relating to construction of National Highway on DBFOT basis with claims over US$ 2 Billion and US$ 150 million.
• Successfully represented a major Turkish construction company in an adjudication proceedings in Singapore, relating to construction of a Metro Rail Project.
• Represented a major Korean Construction and Engineering company in a dispute relating to construction of National Highway. The arbitration proceeding was in Singapore governed by SIAC Rules with the claim amount exceeding US$ 150 million.
• Advised two major Indian construction and engineering companies in tunneling, four laning of road and bridge construction Projects in the states of Bihar, Karnataka and the State of Jammu and Kashmir.
• Successfully handled and acted as the lead Counsel for an Indian Company in an arbitration proceeding relating to construction of a State Highway in Uttar Pradesh before a three member arbitral tribunal comprising of retired Supreme Court Judges and a High Court judge.
• Presently handling and acting as lead Counsel for an Indian Company in an arbitration proceeding before a three member arbitral tribunal comprising of former Chief Justice of India relating to construction of National Highway in the State of Karnataka with a claim over US$ 500 million.
• Successfully handled and acted as lead counsel in two arbitrations on behalf of an Indian JV Company relating to the construction of four laning of National Highway in the State of Gujarat. Amount awarded in one of the matters was in excess of US$ 134 Million along with future interest.
• Successfully handled and acted as lead counsel in a National Highway construction dispute arbitration where over US$ 45 Million plus interest was awarded in favour of the client. The disputes arose out of an EPC contract for construction of Chambal Bridge in the State of Rajasthan / Madhya Pradesh.
• Successfully handled and acted as lead counsel for an Indian company against National Highways Authority of India in the construction of National Highway (on BOT annuity basis) in the State of Andhra Pradesh.
• Represented an Indian Company in a London seated arbitration under the UNCITRAL Rules in a commercial shipping dispute between the Indian company and a Hong Kong based company.
• Lead counsel before the Constitution Bench of the Supreme Court in Bharat Aluminium Co. Ltd. v. Kaiser Aluminium Technical Service Inc. (2012) 9 SCC 552.
• Successfully handled arbitration proceedings on behalf of an Indian Company against NTPC (a Public Sector Undertaking) in the construction of raw water reservoir and its lining package with a claim exceeding US$ 14 million.
• Represented a subsidiary of a Malaysian Company in the construction of four laning of Ghaziabad – Aligarh section in the State of Uttar Pradesh in a BOT project tendered by the National Highway Authority of India.
• Represented a Malaysian Company, in an arbitration against an Indian company for construction of road in the State of Uttar Pradesh on BOQ basis. The claim amount exceeded US$ 40 Million.
• Represented a Malaysian company in an ad hoc arbitration proceeding against the State Government undertaking in relation to construction of district roads.
• Successfully represented an Indian Company in enforcement of an arbitral award for US$ 18 Million against Dedicated Freight Corridor Corporation Limited (DFCC) for construction of 54 bridges in the State of Gujarat. The arbitral Award was upheld by the Supreme Court of India.
• Successfully represented an Indian company in arbitration proceedings under the ICA Rules against Indian Oil Corporation for construction of Diesel Hydro Treatment Plant (DHDT).
• Successfully represented a US Company in the enforcement of a foreign award rendered under the AAA Rules against an Indian company.
• Successfully handled arbitration on behalf of the Hong Kong based multinational company before a three member arbitral tribunal in relation to disputes arising from contracts awarded for the Commonwealth Games, 2010 Delhi.
• Represented an Indian construction company in several arbitration proceedings relating to disputes arising out of construction of irrigation dams in the State of Odisha.