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Saurabh Bhagotra

Solicitor


Career Summary

Saurabh is experienced in commercial arbitration, particularly in commodities and construction matters and has substantial experience handling high-value cases under the auspices of the ICC and LCIA arbitral institutions. He regularly works on India related cases on behalf of corporations, individuals and other commercial entities based in South Asia.

Saurabh is a member of the Indian Bar Council and prior to joining the firm he worked with Senior Counsel (equivalent to Queens’ Counsel in the UK) in India.

Cases

Acting for an Egyptian wheat importer on the issue that whether the independent right of a CIF buyer to reject goods pursuant to section 14 of the Sale of Goods Act, 1979, which does not confer with the agreed condition, quantity and description, could be modified by agreement by issuing an effective quality certificate at the loading port as agreed under the terms of a GAFTA contract.

Assisted in drafting settlement agreements for a high-net worth employer in respect of a construction disputes under the standard JCT Intermediate Building Contract with Contractor’s design against a property builder for constructing and designing two luxurious houses in Knightsbridge, London.  

Represented a Dubai based media house in an ICC arbitration matter against a state broadcasting corporation for the breach of a joint venture agreement signed in respect of developing and introducing digital terrestrial television in the state. The damages claimed by the media house was in the region of US$ 2billion     

Involved in a Court of Appeal matter for two corporate bodies seeking a declaration that the ICC had no jurisdiction to adjudicate disputes between them and the Respondent. The High Court Judge held that since the ICC Tribunal had the jurisdiction in respect of one of the Claimants, it would be sensible to allow the arbitrators to decide whether they had jurisdiction in respect of the second Claimant. The Court of Appeal disagreed with the High Court Judge and concluded that when a party is seeking to determine whether the tribunal has jurisdiction to hear its dispute, the Court should, unless there is a good reason for not doing so, make a decision on the dispute in order to prevent a party returning to the Court after the conclusion on the Arbitration to challenge the Award for lack of jurisdiction. 

Specialist areas

  • Commercial Litigation
  • Commercial Arbitration
  • Construction
  • Intellectual Property 

Languages

  • English
  • Hindi (fluent)
  • Punjabi (spoken only)
  • Urdu (spoken only)

Professional Memberships

  • Member of the Indian Bar

Education

  • B.S.L. (Symbiosis Law School, India)
  • LL.B. (Symbiosis Law School, India)
  • LL.M. (University of Warwick, U.K.)