Alternative Dispute Resolution
We have highly specialized industry specific teams for arbitration, mediation and negotiation. We ensure that we pre-mitigate litigation risks for our clients to the best possible extent. Our ADR team carefully vets any/all transactions, contractual obligations and commercial agreements at the very onset to ensure that all areas of any future course of disputes are taken care of to secure our Client’s interests. We are particularly focused on the pre-arbitration resolution process as well. We also take into account the contours pertaining to post arbitration litigation parameters. We know the difficulty faced by parties in an arbitration even after they obtain an arbitral award in their favor (instances of appeals, execution difficulty and garnishee proceedings) and make sure that we address those issues well in advance to secure our client’s interests.
With over 30 years of cumulative experience across all major institutional arbitration centres around the world at multiple jurisdictions including LCIA (London Court of International Arbitration), SIAC (Singapore International Arbitration Center), MIAC (Malaysian International Arbitration Center) , DIAC ( Dubai International Arbitration Centre) , CAS ( Court of Arbitration for Sport ) we ensure non-pareil quality of services for our Clients . Our partners also have specific expertise in arbitration matters pertaining to commercial transactions , sports, infrastructure, maritime, healthcare, defense and aviation sectors.
Banking & Finance
Our expertise with financial institutions extends to transactional, advisory and litigation services. Our team acts in relation to all banking matters including acquisition finance for corporate transactions, ECBs (External Commercial Borrowings), Debt Restructuring, SPVs, cross-border investments, escrow transactions, Shipment LCs, project financing and recovery suits. We also provide quality services in equity management and funding projects.
Our team routinely advises commercial corporations including non-banking financial institutions, directors and officers on regulatory compliance issues, insolvency and bankruptcy proceedings.
Corporate Advisory
Our partners understand the nuances pertaining to the different business and investment sectors and have experience in successfully balancing the legal intricacies to complement and enhance the client’s commercial interest.
We advise businesses of all sizes including shareholders, management teams, investors and lenders. We handle corporate mandates pertaining to takeovers, mergers, acquisitions, strategic alliances, joint ventures, reorganization and restructuring and winding up proceedings. Atharva Legal LLP is well equipped to provide quality legal support through each and every step involved.
Employment & Labor Laws
The Employment and Labor Laws team of Atharva Legal LLP team, comprising of 5 partners and 7 associates, is headed by Mr. Gyananedra Mishra. Mr. Gyananedra Mishra had been the leading in-house counsel for Moody’s and Accenture India prior to joining Atharva Legal LLP. With an experience of over 30 years across all segments and categories of employment and labor rules compliances and related litigations, the team’s expertise in rendering sound advice to avoid any employment & labor rules compliance related risks for business entities. We understand our client’s objective and accordingly help them to secure their interests in the finest possible manner. Our services comprise of:
- Drafting/Vetting/Managing Employment Contracts.
- Taking care of confidentiality -non compete -non-solicitation aspects between employers and employees.
- NDA ( NOn Disclosure Agreements )
- Compliances with Industrial Employment and Model Standing Order.
- Contractual Labor ( Regulation & Abolition) Act compliance.
- Regulations pertaining to rules and guidelines pertaining to Working Women
- Prevention of Sexual Harassment ( POSH ) : Compliance & Audit
- Internal Complaints Committee Proceedings
- Provident Fund for International Workers
- Immigration and People Mobility including migration.
- Domestic enquiries pertaining to discriminating actions.
- Employee transfer/absorption as a part of Mergers & Acquisitions.
- Anti-Bribery / Corruption Policies
- Grievance Redressal and WhistleBlower Policies
- Inclusion and Diversity Policies.
- Disputes/ Litigation pertaining to employment and labor issues.
Environmental Law
Atharva Legal LLP exclusively partners with Enviro Legal Defense Firm ( ELDF) for all matters pertaining to Environmental Law. We strongly believe that when it comes down to matters pertaining to Environmental Law we not only have the requisite field experts on our side but also have the policy regulators in our panel suited to our Client’s requirements. With ELDF and Atharva Legal LLP both at our Client’s disposal, they have access to the finest non-pareil levels of competency and expertise in the particular domain. The thematic areas of environment and development law where Atharva Legal LLP and ELDF specializes in includes:
- Legal Framework on Air and Noise Pollution
- Vehicular Pollution
- Stubble and Waste Burning
- Industrial Emissions
- Building and Construction
- Audio and Light Industries
- Judicial response
- Developing Biodiversity Rules
- Developing Legal and Policy Strategy Action Plan
- Linking Participatory Forest Management and Bio Diversity Conservation
- Community intellectual property
- Medicinal Plants Policy and Strategy
- Biodiversity Conservation and Rural Livelihoods Linkage-Policy implications
- Biodiversity Heritage Sites
- Access and Benefit Sharing
- Biodiversity and threatened species
- Biodiversity and Imp act assessment
- Judicial response
- Panchayati Raj Institutions and Natural Resource Management
- PESA in Schedule V Areas of India-self-governance framework
- Empowerment of Gram Sabha in Schedule V Areas
- Panchayati Raj Institutions and Joint Forest Management Committees
- Schedule VI and special states
- Judicial response
- Review of disaster prevention laws
- Tsunami reconstruction and flood management
- Disaster preparedness
- Disaster Management and Law
- Floods and Law
- Judicial response
- Renewable energy development and outreach
- Bio Fuels and Rural Energy Systems
- Developing law on Renewable Energy
- Feasibility of siting renewable energy facilities
- Distributed Renewable Energy Law
- Climate Change, Energy and Law
- Solar Energy development and environment implications
- Off Grid solutions in solar energy
- Solar Mission, Legal and Institutional challenges
- Rural Electrification, Rural energy access and legal challenges
- Energy Efficiency and Law
- Judicial response
- Governance and Development
- Access to Justice
- Conflict s over natural resources
- Right to Information
- Judicial response
- Enviro Legal Due Diligence
- Regime
- Review of Pollution Laws- Air, noise and water
- Environment Impact Assessment and law
- Solid waste management and law
- Hazardous waste and toxics – legal aspects
- Ecologically sensitive areas and legal implications
- Mercury management and law
- Judicial response
- Forest Sector Law and Policy Review
- Forest Sector Reforms
- Forest diversion including Clearances
- Participatory Forest Management and legal implications
- Community Forestry and Law especially in North East
- Institutional Analysis and Forest management Linkage
- Forest Based Community Enterprises
- Legal aspects of Forest Land Valuation
- Forest settlement processes
- Non-Timber Forest Products and Law
- Forest based livelihoods and Legal implications
- Forest Offences
- Forest Tribal Interface
- Forest rights recognition process
- Community forest rights and community forest resource- legal implications
- Forest Certification
- Forest commons
- Forests and extractive industries
- Judicial responses
- Land Acquisition and Public Purpose
- Land Acquisition in Schedule V and Schedule VI areas
- Legal Regime on Tribal Land in India
- Tenant rights and law
- Land alienation or transfer and legal rights
- Record of rights
- Community right over lands
- Land categorization and customary rights
- Land use boards and law
- Land Acquisition process improvement
- Common Lands and law
- Judicial response
- National and International law on marine environment
- Turtle conservation and law
- Coastal zone management and post tsunami reconstruction-legal aspects
- Customary law practices of local communities in coasts
- Marine biological resources and Integrated Coastal Management and law
- Fish workers’ rights
- Coastal SEZ and implications in law
- Marine Fisheries management and law
- Coastal regulation zone and leg al implications
- Coastal Infrastructure including ports and legal implications
- Marine Pollution and legal response
- Off-shore renewable energy projects
- Coastal tourism and law
- Islands and legal protection
- Marine species protection
- Legal framework for mangrove protection
- Mainstreaming Coastal and Marine Biodiversity Conservation into Production Secto
- Judicial response
- Scheduled Area Development
- Scheduled area Governance
- Schedule V and Schedule VI areas and Land Acquisition
- Community-Based Property Rights (CBPRs) of indigenous communities
- National Policies, Programmes and International Instruments for Tribal peoples
- Policy Tools for Marginalized Managers of Natural Resources
- Particularly Vulnerable Tribal Groups (PVTG) and Law
- Religious and Cultural Rights
- International Conventions on Indigenous (Tribal) People
- Tribal Forest interface
- Judicial response
- Environmentally sustainable/Residential/Commercial Urban Areas with Private Sector Participation- Institutional and Legal aspects
- Enviro Legal Due Diligence
- Mega Linear Projects including Highways, Railways and land acquisition
- Environ mental and social impact s of infrastructure development
- Hydel projects
- Oil prospecting in ecologically sensitive areas and due diligence
- Urban planning
- Waste management
- Judicial response
- Water Law and policy review
- Incentive based mechanisms in watershed management and implications in law
- Minor water bodies and legal implications
- Legal aspects of rural water supply and sanitation
- Participatory irrigation management and law
- Panchayat -User Group linkage and implications in law
- Integrated water resource management and law
- Legal aspects of command area impact assessment
- Water based livelihood and law
- Customary law and traditional water management practices
- Institutional governance on watershed development
- Ground water law
- Riparian rights and law
- Water commons
- Fisheries
- Wetland protection
- Judicial response
- Legal regime on Protected Area (PA) management
- Legal reforms on Wildlife
- Eco development and implications in law
- Legal aspects of Landscape management
- Elephant Reserves, Biosphere reserves, Wildlife Corridors and legal implications
- Settlement of rights process in PAs
- Financial sustainability of PAs and legal tools
- Legal reforms on wildlife in other countries
- Community based wildlife management
- Wildlife trade and legality
- Wildlife crime control
- Critical wildlife habitat
- Critical tiger habitat (Core) and Buffer areas and law
- Wildlife Law training
- Exotic species and law
- Ecologically sensitive areas
- Tiger Reserves and legal process
- Judicial response
Litigation
Our team is well versed with all the judicial forums with an existing practice that spans over 650+ districts within the territorial jurisdiction of India and a strong network of over 175+ lawyers practicing across all forums including judicial/quasi-judicial/ tribunal forums we have our client’s litigation contours well covered. We also have within our network designated senior counsels across all the existing High Courts and the Hon’ble Supreme Court of India, who we engage based on our client’s requirements. We carefully evaluate the stakes of our client, consider the parameters of the opposing counsels and the parties, precedents of the judicial bench and all possible contours while formulating the best suited strategy for our clients in any given matter.
We have partners and principal associates who have been on the panels of various Central Government ministries, State Government entities and Public Sector Undertakings as well. In addition to the same we have a plethora of experience in constructively engaging ourselves with the in-house counsels. With partners who had earlier been the lead in-house counsel for MNCs like Accenture and Moody’s and who had been earlier on the panels of Indian Oil, SAIL, BHEL, NTPC, GAIL, Ministry of Home Affairs, India, Ministry of External Affairs, India etc., we appreciate the value of harmoniously working with the in-house counsels of our client.
Our litigation services also extend to the domestic jurisdiction of UK, UAE and Singapore.
Sports Law
Our dedicated team of sports law comprises both domestic and international lawyers having years of experience with established sporting leagues and concerned commercials. We have represented a number of the major names across multiple sport disciplines throughout and our network and expertise is constantly growing. Our team understands the sports industry and all the stakeholders involved from both legal and commercial perspectives. We put the best interests of our clients at the heart of everything we do and our clientele includes regulatory authorities, governing bodies, licensing rights owners, franchise owners, sponsors, sporting teams, individual athletes, branding and merchandising entities, Sports Media Broadcasters, Sports Talent Management entities, Betting and Gambling entities, E-sports entities and player associations. The firm’s expertise extends to sports, gaming, anti-doping, contractual compliances, league management, corporate diligence, agency management and representation. Furthermore, our services under the domain extend to Employment and Labor law compliances, trademark and copyright issues, athlete & celebrity management, etc. Our experience and expertise spans across the full spectrum of the specific domain of sports law offering non-pareil services in sports related litigation, arbitration, mediation, negotiation, sports-related financial transactions including stadium financings, franchise acquisitions, and other corporate matters including mergers, acquisitions, takeovers, marketing regulations, media and broadcasting rights. We offer complete custom legal solutions for any sporting event or any commercial entity right from its inception stage. Our partners constantly engage themselves with policy framers and legislative bodies as well to ensure that our clients have access to the finest quality of legal solutions.
White Collar Crimes
With a team of highly skilled lawyers along with a team of corporate due-diligence and investigative professionals, former enforcement agency personnel and ex- judicial members, Atharva Legal LLP ‘s network and expertise to handle any issue pertaining to White Collar Crimes is extremely efficient and effective. We have an exceptional level of experience in this particular domain area. We have successfully handled complex legal issues pertaining to financial frauds, bribery, corruption, ponzi schemes, money laundering, syndicate operations, cartels, sanctions-related, illegal cross-border transactions, smuggling etc. for both government and non-government entities.
We act for clients facing investigation by regulators and law enforcement agencies in India, UK, UAE and Singapore. Our team includes attorneys who can handle all possible contingencies pertaining to apprehension, inquiry, investigation, agency proceedings and trial in matters pertaining to White Collar Crimes.
Our team of extradition experts specializes in dealing with the risks faced by high net worth individuals who can be faced with commercially/politically motivated extradition requests.
Tax Litigation
The Taxation team at Atharva Legal provides a wide range of litigation services. Our Tax group represents clients, in both direct and indirect tax domains, from quasi-judicial authorities and tribunals to High court and Supreme Court. The firm’s approach has been to prepare the case from the first level of litigation to the higher courts to ensure a uniform strategy with relevant evidence to support the positions taken by the taxpayer. We also have a niche team to specifically take care of issues related to cross border transactions.
Intellectual Property Law
The team handling IPR deals with litigating and guiding their clients on their IP interest. It deals in areas Patents, Trademarks, Copyrights, Designs, regulations.
Medical and Pharmaceutical Laws
The team of Medical and Pharmaceutical Law at Atharva Legal handles the tricky pharma regulatory environment. It helps with compliance regulatory policy issues, ethics, data exclusivity and protection. The team works with clients along most parts of the product lifecycle, including clinical trials; product approvals; patent filings; manufacturing, distribution, licensing agreements; pricing issues; branding and promotion; product recall; data protection and disputes. The team also handles all the regulatory aspects of Hospital and Healthcare management domain in terms of compliance and litigation, including medical negligence and medical malpractice laws.
Educational Laws
The Atharva Legal team of Education Law helps in establishment of twinning arrangements and collaborations with foreign universities and regulatory matters with respect to UGC, AICTE, Medical Council of India, Bar Council of India, and other regulatory authorities. We also have in depth knowledge on rules and laws that regulate education at central and state levels.
Media, Entertainment and Advertising Laws
The Media, Entertainment and Advertising team at Atharva Legal has latitudinal experience across motion pictures, television, talent and celebrity managements, brand endorsements, music, internet and digital media, publishing, outdoor advertising, social media advertising, public relations, amongst others.
Insolvency & Bankruptcy
The Team specifically undertakes the following categories of work pertaining to the domain area of Insolvency & Bankruptcy:
- Application for initiation of Corporate Insolvency Resolution Process by Financial or Operational Creditors.
- Advising the lenders regarding an on-going Corporate Insolvency Resolution Process.
- Advising and assisting Resolution Professionals/Liquidators regarding on-going Corporate Insolvency Resolution Process / Liquidation.
- Advising directors/ex-members of a Corporate Debtor undergoing Corporate Insolvency Resolution Process.
- Litigation services in matters pertaining to IBC before the appropriate forums.