Practice areas

Arbitration & ADR; infrastructure; power & energy; shipping

Introduction

Gunita Pahwa is the joint managing partner at Gurugram-based S&A Law Offices and heads the dispute resolution team. Commercial arbitrations, dispute resolution and commercial advisory, is her forte, and she advises and represents both international and domestic clients across varied sectors like pharmaceuticals, energy, infrastructure and transport, roads and highways, ports, airports, waterways, waste to energy, shipping and mining, real estate, and IT among others.

In more than 17 years of a rich professional career, she has earned many laurels for successfully handling a variety of complex dispute cases. One such case was where she and her team successfully represented the client Jindal ITF Ltd in an arbitration proceeding against NTPC Ltd.

The arbitration was related to a dispute arising from coal transhipment in high-seas, deep draft locations from ocean-going vessels to transhipper/barges and transportation of such unloaded coal through National Waterway No 1 to NTPC’s Farakka Power plant situated at Farakka, West Bengal. This was an avant garde project and a first of its kind introduced in India.

While arbitral proceedings were in place, the team led by Gunita filed two interim applications under section 17 of the Arbitration and Conciliation Act, on behalf of JITF. The NTPC was directed to make payment of the MGQ amount of INR1.58 billion (USD19.3 million) for the first year of the operation period and INR1.97 billion for the second year of the operation period as NTPC failed to provide minimum guaranteed coal to JITF at transfer points (deep draft locations in mid-sea). The arbitral tribunal allowed the interim applications and directed the NTPC to pay. The High Court of Delhi upheld the orders passed by the arbitral tribunal.

This is just one example of many complex cases Gunita has dealt with. She has consistently been awarded many accolades and has earned client appreciation and media mentions.

Most recently, Gunita was recognised as India’s Top Lawyers – A List for 2022-2023 by India Business Law Journal, Top Female Lawyers in India 2022 and Top Disputes Lawyers in India 2022 – by ALB, Thomson Reuters, Leading Individuals in Dispute Resolution: Arbitration in the Legal 500: Asia-Pacific Ranking 2022, 2021.

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