Real Estate Company –
Dispute Resolution Through Consent 

Dispute Resolution Through Consent 

Real Estate Company


The parent company of LitiCap also has a real estate company, which invested ~USD 3m in a transaction with a landowner (“LO”), who breached the contract. The Real Estate company moved the Mumbai High Court and brought an injunction within one week even during the COVID-19  lockdown, and later initiated an arbitration for the financial claim. The process started in early June 2020 and the arbitration has commenced with the first hearing scheduled for August 26. The opponent has come forward to settle the matter through consent, even before commencement of arbitration.

Our Role

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

Current Status

The first hearing is scheduled for August 26 and settlement is expected through consent terms within next 60 days. This case is on track to be the fastest resolution of a dispute so far by LitiCap.

Digital Education Content Company – International Arbitration

International Arbitration

Digital Education Content Company


An Indian Digital Education company entered into a Build Operate Transfer contract with an African State for providing software and hardware for education. Upon completion of delivery, the project owner did not pay the contractual dues and also did not cooperate in the last-mile execution of the contract i.e. installation in 480 of the 500 schools. The Contractor initiated an arbitration for a claim of USD 3.8m. The initial arbitration had to be discontinued due to a paucity of litigation funding and a weak litigation strategy. 

Our Role

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.

Current Status

All submissions have been completed and the final hearing, which was earlier scheduled for May 2020, is now rescheduled to October as virtual hearing. The award is expected before the end of the year.

Road Toll Concession Company – Completed Arbitration

Completed Arbitration

Road Toll Concession Company


A parent company of LitiCap partnered with Malaysian GLC (subsidiary of sovereign wealth fund of Malaysia) and built a toll highway for a Government of Maharashtra undertaking in the Mumbai Metropolitan Region, India with a Foreign Direct Investment of ~USD 90m. During the construction stage, there were breaches on the part of the project owners. The Concessionaire operated the concession until April 2013, then terminated the concession on the grounds of contract breaches and force majeure events, and initiated arbitration and litigated through the High Court and Supreme Court to seek a favourable award. The arbitration has been completed despite the opponent seeking a stay from the High Court which was vacated by the Supreme Court. The award is expected by November 2020.    

Our Role

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.

Current Status

Arbitration is completed, interim award favouring the Concessionaire has been received and final award with quantification of claim is expected by September 30 2020

Power Transmission Line Builder – Government Contract Dispute

Government Contract Dispute

Power Transmission Line Builder


An Indian EPC contractor (Contracting Co) entered a dispute and initiated arbitration with a State Government of Odisha undertaking (“GOU”) because of the GOU short closing three contracts. During the course of proceedings, Contracting Co. defaulted on bank borrowings which led to the appointment of a liquidator.

Our Role

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.

Current Status

Application for extension of arbitration time is moved to Odisha High Court and a hearing is awaited.