Our team designed the complete litigation and recovery strategy:

• With mounting pressure on the real estate company’s cash flows, time was of utmost essence. With an unwilling debtor, LitiCap’s key priority was to gain an injunction, compelling the debtor to negotiate terms.
• LitiCap appointed a relevant legal team and worked with them for preparation of the court petition and notices.
• We continued amicable negotiations with the debtor to push for pre-arbitration settlement

Our team designed the arbitration and litigation strategy as follows

• Liticap recommenced international arbitration in September 2019 with a more accurate claim of $12m.
• LitiCap worked with Kigali International Arbitration Centre for the appointment of an international tribunal with European, Asian and African representation on tribunal, and prepared all major submissions in-house.
• The defendant made 2 attempts to drive our client to bankruptcy by raising claims of close to $1m, thereby attempting to render the contract terminated, along with our client’s claims therein.
• In the first attempt, the Creditor Bank raised a claim of $500,000 under a receivable securitization contract. LitiCap successfully upheld an auction of delivered goods in a local court, thereby settling banks dues, circumventing any payments, and raising additional claims of $1.5m against defendant for damages.
• In the second attempt, Defendant called upon the performance guarantee of our client. Liticap successfully thwarted this attempt by obtaining 4 procedural orders from the tribunal, compelling defendant to commit in writing not to seize the guarantee till the conclusion of the arbitration.
• Aside from litigation expenses, LitiCap has made available top-notch legal talent from its network of world-class arbitration specialists. LitiCap has also provided significant entrepreneurial and strategic support to help manage business cash flows and growth efforts while insulating the operations from the burden of litigation.

Our team designed the dispute resolution strategy:

• LitiCap negotiated with project owners a pre-arbitration settlement, whereby 11 years additional concession period was agreed even before start of arbitration.
• LitiCap steered the entire arbitration process working with lawyers on every single submission, appearing as sole witness for Claimant and provided comprehensive entrepreneurial leadership to entire arbitration and litigation.
• The team has worked with best of Indian arbitration lawyers like Ciccu Mukopadhya, law firms like L&L, solicitors like Harish Salve, Dr. A.M. Singhvi, Darius Khambata, and more.

LitiCap entered after commencement of arbitration which had been through significant delays in proceedings due to a weak litigation strategy.

LitiCap redesigned the dispute resolution strategy.

• The most critical step was to successfully secure any dues from arbitration from the purview of liquidation. LitiCap managed to identify and enforce legal entitlements that have completely eliminated any claim on arbitration and related dues from the Liquidator.
• LitiCap has taken over management of the entire arbitration, bringing new relevant legal representation with experience in similar arbitration, focusing on strengthening basis of claims.
• The Bank Creditor is a PSU, and payment defaults occurred due to non-payment on GOU’s part. LitiCap proceeded to arbitration with the bank creditor over recovery, to arrive at settlement on Contracting Co’s preferred terms, while arbitration against GOU continues to move towards a favourable conclusion.