Completed Arbitration

Road Toll Concession Company

Background

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