Dr. Shashwat Bajpai

Dr. Shashwat Bajpai

Dr. Shashwat Bajpai

The Law chambers is led by Dr. Shashwat Bajpai, a B.A.LL.B, (Hons.) law graduate, who has completed his Master’s degree (BCL) from the University of Oxford, UK, where he specialized in Corporate Business Taxation and Arbitration. He holds a Ph.D. degree from the National Law University, Delhi (NLUD) in Transfer Pricing & International Taxation. Soon to complete his ACIArb Accreditation.

His areas of expertise and regular practice areas include Arbitration, Civil Disputes, Corporate/Company Laws, Direct & International Taxation and Transfer Pricing.

He is a member of the Indian Fiscal Association (IFA), SCL (Society for Construction Law India), and a life-member of ICA (Indian Council for Arbitration), Supreme Court Bar Association (SCBA), Delhi High Court Bar Association (DHCBA), Income Tax Appellate Bar Association (ITAT Bar), National Company Law Tribunal Bar Association (NCLTBA).
He speaks on various topics at seminars and addresses several public forums on these practice areas.

ARBITRATION

• The lawyers at DRSB Law Chambers appear before various Arbitral Tribunals & forums for both Institutional Arbitrations and ad-hoc Arbitrations. The Law Chambers specializes in alternate dispute resolution processes – domestic and international commercial arbitrations, with the seat at India and at foreign jurisdictions, including Singapore and London. The Chambers regularly advises clients in ad hoc arbitrations (under Indian arbitration legislation) as well as institutional arbitrations (under the supervision of international arbitration centres such as SIAC and ICC).
The Chambers has expertise in drafting of –
– Notice Invoking Arbitration
– Claims & Counter-Claim
– Written Submissions & Affidavit of Evidence
– Applications u/s 8, 9, 11, 17, 34, 37, etc. of the Arbitration and Conciliation Act, 1996 (as amended in 2015);
These relate to, but not limited to, filing of Arbitration Petitions
– Filing of section 11 petitions/applications for Appointment of Arbitrator(s) before the High Court/s; Arbitration Petitions (Arb. Pet.), OMPs / CS(OS), RFA (OS) / FAO(OS) ;
– Applications for Sec 9 or 17 Interim Relief ;
– Proceedings in re Enforcement and Execution of Arbitral Awards ;
– Challenge to Arbitral Awards under the newly amended Section 34 of the Arbitration Act.
• Dr. Shashwat Bajpai had been appointed as one of the youngest sole arbitrator by the Delhi High Court, in an arbitration dispute between two private construction companies.
Lloyd Insulations India Ltd. v. KSS Petron (Arb Pet No. 535/2016; DAC/1383/11-16)
• Drafting Arbitration Agreements and Advising Indian Companies regarding Arbitration matters with foreign enterprises, in Singapore under the SIAC Rules. (for Halonix Ltd. (LED)).
• Advising and handling various Arbitration proceedings of IT Companies (software & product) under different Rules of Arbitration of the Indian Council of Arbitration (ICAI), International Chamber of Commerce (ICC). (for ITSimple Technologies).
• Arbitral proceedings under (Engineering Procurement & Construction) EPC contracts involving several issues including non-payment, extension of time (EOT) clauses, variation orders, defects, liquidated damages, etc. as well as work on international projects and disputes, with particular reference to the FIDIC suite of contracts .
• The Chambers is experienced in Construction (EPC) Arbitrations and is involved in construction projects across India relating to various sectors including communications, Oil & Gas units, power plants, roads and highways, bridges, aviation; water, etc., representing both the public sector undertakings as well as contractors.
• Opinions provided to Jagson International Ltd. regarding their pending legal & arbitration proceedings with ONGC in relation to the offshore drilling rig – Jack-up drilling Unit DeepSeaTreasure on issues of liquidated damages, 3-year idling period condition, classification certificate & termination of contract.
• The Chambers also is on a best-friend association with Phoenix Legal law firm specializing in EPC Arbitrations representing –
– Petronet LNG Limited (Petronet) on a complex high value construction arbitration in India against a consortium of contractors i.e. TGE Gas Engineering (a German company) and IOT Infrastructure (a JV of Indian Oil Corporation) appointed by the client under an EPC contract for construction of topside facilities for Petronet’s marine jetty at the LNG terminal at Dahej, Gujarat.
– Leighton India (a subsidiary of Hochtief AG and CIMIC) on arbitral proceedings against Cairn India Limited under EPC contract for construction of Cairn’s oil exploration facility involving several issues including non-payment, variation orders, defects, liquidated damages, etc.
– A Government of India entity on a high value construction arbitration with a UK based contractor under an EPC contract executed with the contractor.
– Leighton India on successfully obtaining an ad-interim injunction (in advance of commencing arbitral proceedings in London) from the Delhi High Court against Cairn India restraining encashment of bank guarantees provided by Leighton India to Cairn India under certain EPC contracts.
• Dr. Shashwat Bajpai regularly represents parties before Institutional Arbitration forums like ICADR (International Centre for Alternative Dispute Resolution (working under the aegis of Supreme Court of India).
• Representing STPL before the Sole Arbitrator, Mr. Justice IP Vashisth (Retired Judge, Allahabad High Court) under the aegis of ICADR.
• On the panel of the Oil & Gas Company Jagson International Ltd. for their Arbitration and Litigation matters.
• Currently representing Jagson International Ltd. in a 120 Crore Arbitration matter against Northern Railways before the Sole Arbitrator Hon’ble Mr. Justice KS Radhakrishnan (former Supreme Court Judge).
• Successfully represented Pradeep Oil Corporation Ltd. before the Hon’ble Supreme court in a Special Leave Petition (SLP no.26753/2013, versus Northern Railways) filed against a Delhi High Court Judgment refusing to appoint Arbitrator under a Sec 11(6) Application including questions of law in relation to appointing of an arbitrator beyond expiry of 30 days.

TAXATION

The Law chambers has a profound experience and expertise in Direct & International Taxation. Dr. Shashwat Bajpai himself has specialized in Corporate & Business Taxation from the University of Oxford (while pursuing his Masters’ degree) and holds a Ph.D. degree in Transfer Pricing and International Taxation. We at the Chambers provide a comprehensive solution based advice and offer at the same time contemporary tax solutions to our domestic and foreign clients carrying on business in varied Sectors.

DIRECT TAXATION

• Regularly, draft and argue Special Leave Petitions (SLPs), Writ Petitions and Income Tax Appeals before the Supreme Court, Delhi High Court and other High courts across India as well as the Income Tax Appellate Tribunal (ITAT).
• Cases relating to dis-allowance of expenditure (Capital and revenue disputes, interest expendiure, et al .).
• Representations in matters relating to exemptions on educational & charitable institutions.
• Assessments (S. 143(3)) & Reassessments (S. 147).
• Regularly, draft and argue cases relating to Direct Taxation qua Search & Seizures (S. 153A, S. 153C), unexplained cash deposits (S. 68), penalty u/s 271, 220(1) & 221, 80IA, 80IC, 80HHC exemptions, etc al., of the Income Tax Act.
• Represented clients on waiver of Interest Applications u/s 234A, 234B & 234C, 119, before the Central Board of Direct Taxes, Ministry of Finance, Department of Revenue, North Block Rastrapathi Bhavan.
• Opinions drafted on Indirect Taxation relating to Service Tax, Works Contracts, & Composite Works Contracts.
• Assisted in the case of G.D. Builders v. UOI, challenging Parliament’s power to impose service tax on material/goods used in the execution of works/composite contract.
• Represented MGF Ltd. in a batch of matters before the Delhi High Court & the Delhi ITAT regarding hire-purchase and Lease transactions.
• Appearing before the Supreme Court, in the challenge to the Constitutionality of S. 14A, read with Rule 8D before Bombay High Court & Supreme Court (Godrej Boyce Vs. ACIT)
• Appearing before a 3-judge bench on issue relating to interest deduction from borrowing to sister companies in ACIT Vs. Tulip Star Hotel Ltd, before the Supreme Court.
• Disputes relating to Sec 10A Exemption On Profits, especially for Phoenix Lamps India Pvt Ltd before the Delhi ITAT & the Allahabad High Court)
• Dr. Shashwat Bajpai, argued and successfully argued the landmark batch of matters before the Delhi High Court (CIT Vs. PPC Business) on the restraint orders u/s 132(3) read with Section 153B (on Limitation) during the course of search & seizure proceedings. (Reported in (2017) 398 ITR 71(Del)).

TRANSFER PRICING & INTERNATIONAL TAXATION

• All Direct, Corporate & International Taxation issues relating to export undertakings – Transfer Pricing adjustments, Exemptions, depreciation claims, setting up of a new unit, expansion of the new unit, etc.
• Dealing with a plethora of cross border taxation issues, relating to International Taxation & Double Tax Avoidance Treaties (DTAAs) including advisory on withholding tax, capital gains tax, structuring of inbound and outbound investments to optimize tax incidence, issues arising from the sale of shares and assets, etc.
• Advising corporate clients and facilitating agreements between the Revenue Department and the Assessee (resident or non-resident) in connection with Advanced Pricing arrangements (APAs) as well as Mutual Agreement Procedures (MAPs).
• Advising and assisting in the formation of structuring agreements for Group companies having Indian parent and/or subsidiaries taking note of the applicable transfer pricing regulations and the DTAAs provisions.
• Advising clients with the optimum investment model foreseeing the most beneficial tax structure while addressing regulatory concerns/requirements.
• Draft and argue cases relating to these issues, before the Supreme Court, Delhi High Court and other High courts across India as well as the Dispute Resolution Panels (DRP), Authority for Advance Rulings (AAR) and the Income Tax Appellate Tribunal (ITAT).
• Draft Opinions for corporate clients on issues of International Taxation relating to source-residence taxation & DTAAs.
• Regularly argue cases in the said fora on the issues relating to AMP (Advertisement, Marketing & promotion) expenses, Royalty and Fee for technical services (FTS), intangible assets, etc.
• Representing Cengage Learning India in their transfer pricing cases before the Delhi ITAT involving AMP Expenses and comparables issues.
• Represented Dabur Pharma Ltd. before the Hon’ble Delhi High Court in a Transfer Pricing case regarding benchmarking and ALP determination of the international transaction of interest expenses.
• Handling the entire Transfer Pricing advisory, transactional & dispute litigation of Phoenix Lamps at the Delhi ITAT & High Court; including issue/s in relation to the incorrect benchmarking of the corporate guarantee and Stand By Letter of Credit (SBLC) international transactions.
• Represented the Pharmaceutical Co., Mosaic India Pvt. Ltd. in their direct tax litigation matters.
• Other various confidential transfer pricing and International taxation representations – advisory & dispute resolution – for the said clients.

CONFERENCES ATTENDED

• SCL (Society for Construction Law) India – 7th International SCL Conference, with national & foreign speakers from around the globe – representing various Public Sector Undertakings (PSUs) & private construction companies, government departments and Institutional Arbitration forums (SIAC, LCIA, ICC, DIAC & MCIA) including distinguished speakers – Hon’ble Mr. Justice A.K. Sikri (Judge Supreme Court), Hon’ble Mr. Justice Ravindra Bhat (Judge, Delhi High Court), Sir Vivian Ramsey (former judge of the High Court of England and Wales), Rohini Roy (Chief of Legal Operations, International Operations Division, BHEL), Hiroo Advani (Partner, Advani & Co.), Nikhil Chopra (Co-ordinator-cum-Registrar, DIAC), Hon’ble Mr. Justice Rajiv Endlaw (Judge, Delhi High Court), Hon’ble Mr. Justice Vickery, Mr. Siddharth Luthra (Senior Advocate), with sessions on multifarious issues like Extension of Time, Sub-contracting & Additional Payment Clauses, Resolution of Construction Disputes through Arbitration & Litigation, Role of Technical Experts in Construction Disputes, et al, at Hyatt, New Delhi & India International Centre (IIC), Delhi (Nov 10-12, 2017).
• Indian Council for Arbitration (ICA) Arbitration Symposium, “Building the future of Domestic & International Arbitration” On issues of Arbitration disputes in Oil and Energy Sector, Dispute resolution in Construction Industry & Investment Treaty Arbitration, having distinguished speakers, Darius Khambatta – Senior Counsel, Bombay High Court, Ketan Parikh – Senior Counsel, Bombay High Court, Tejas Karia – Partner & National Practice (Head) Arbitration, Sardul Amarchand Mangaldas & Co., Alexandros Panayida – Partner, Clifford Chance, T. Baskaran – Chairman, Chartered Institute of Arbitration, Malaysia, Sheila Ahuja – Counsel, Allen & Overy LLP, Hong Kong, Wesley Pang – Associate, Shearman & Sterling, Ajit Patwardhan – Contract Management Expert, World Bank & Rattan Singh – Chairman, India, Society of Construction Law, UKBombay, (July 28-29, 2017)
• Income Tax Appellate Tribunal 75th Platinum Jubilee Celebrations Seminar, present Guest of Honor, Hon’ble ex-President Shri Pranab Mukherjee & Hon’ble Finance minister Mr. Arun Jaitley, ex-Chief Justice Shri T.S. Thakur, Union Minister of Law & Justice Shri D.V. Sadananda Gowda and Union Minister for Communications & Information Technology Shri Ravi Shankar Prasad, at Convention Hall, The Ashok, Chanakyapuri, New Delhi (24th & 25th January, 2016).
• Open Debate on the National Judicial Appointments Bill Supreme Court Judgment with the panelists including Hon’ble Finance minister Mr. Arun Jaitley, moderated by Mr. Arnab Goswami at FICCI Auditorium, New Delhi (October 2015).
• Telecom Disputes Settlement & Appellate Tribunal (TDSAT) Seminar on the Fundamentals & Future of Dispute Resolution in ABC&T (Airport, Broadcasting, Cyber & Telecom), at Lalit Ashok in Bangalore (Sep 8-9, 2017).
• TDSAT Seminar on Regulatory Framework and Dispute Resolution in Telecom, Broadcasting and Cable Services Sectors, at Panjim, Goa (October 3-4th, 2015).
• TDSAT Seminar on ART of Convergence (Adjudication, Regulation, Telecommunication), at New Delhi (February 6-7th, 2016).
• Indo-Norwegian Cooperation Programme in Law Joint Ph.D. Workshop, at National Law University, Delhi (May 19 to 22, 2016).
• NCLTBA felicitation Seminar for the constitution of the NCLT & NCLAT (2016).
• 3RD BRICS Legal, Signing of the New Delhi Declaration & launch of International Dispute Resolution Centre for BRICS & Emerging Economics, Indian Habitat Center, New Delhi (Sept 10-12th, 2015)
• Transfer Pricing Course, organized by the International Fiscal Association (IFA), (December 2016)

PAST-AFFILIATIONS (Dr. Shashwat Bajpai)

LEGAL & JUDICIAL

• Hon’ble Mr. Justice D.K. Jain, Former Supreme Court of India January 2010 Judicial Clerk , Conducted extensive research for and assisted in the preparation and proofreading of judicial decisions qua Direct Taxation, Indirect Taxation, and Company Laws. Drafted opinion on Legal Literacy Missions.
• Mr. Goolam E. Vahanvati, Former Attorney General of India April 2011 Legal Intern , Assisted in Supreme Court and High Court proceedings; Researched and assisted in Supreme Court matters, like the Bhopal Gas Tragedy Case and The Satyam Case.
• Mr. Gopal Subramanium, Solicitor General of India July 2008 Legal Intern , Drafted a Comparative Analysis on the US, UK, Indian, Australian and Canadian Judgments relating to Constitutional, Arbitration and Criminal matters, adjudicated upon from Jan 2008 to July 2008. Researched and assisted in Supreme Court matters, inter alia, relating to Constitutional and Telecom matters like Bombay blasts case, NDNC Case, etc.
• Mr. K.K. Venugopal, Attorney General of India, Former President, Union Internationale des Avocats July 2010 Legal Intern , Drafted and prepared Approach Notes in addition to Supreme Court assistance; Researched and assisted in matters, inter alia, relating to Constitutional Law, Law of Arbitration, Criminal Procedure and Interpretation of Statutes.
• Mr. Harish Salve, Former Solicitor General of India January 2009 Legal Intern , Assisted in Supreme Court proceedings and provided Research and assistance in matters, inter alia,
relating to Constitutional Environmental cases like M.C. Mehta v. U.O.I and Criminal cases, like R.K. Anand case & Akshardham case.
• Dr. Abhishek Manu Singhvi, Former Additional Solicitor General, and Present National spokesperson of Congress Party, India July 2009 Legal Intern , Assisted in Supreme Court and High Court proceedings; Researched and assisted in Supreme Court matters, like Harshvardhan Lodha v. Rameshwar Jute Mills and D.K. Basu v. State of W.B.(Amicus curiae).
• Karanjawala & Company, Advocates June 2009 Legal Intern , Assisted the Associates and Partners in the Supreme Court matters, inter alia, relating to Civil Procedure, Company Law (Oppression and Mismanagement) and Criminal Procedural Law (Rogue Investigations).

NON-GOVERNMENTAL ORGANIZATIONS (NGOs) & CORPORATE

• Commonwealth Human Rights Initiative November 2010
(NGO In special consultative status with Economic and Social Council of the United Nations)
• Field Investigator , Visited the Prisons in Rajasthan, India and carried out a study on the availability of legal aid to undertrials and convicts, as part of the Police Reforms Scheme; Conducted the survey by interviewing the jail inmates and other Prisoners.
• National Commission For Women (NCW) (National NGO) September 2006 Legal Consultant , Assisted in the work of the Commission’s Complaint and Investigation Cell; Filed First Information Reports (FIR) with the Police Officers and Prepared Action Transmission Reports (ATRs) on behalf of the female victims.
• Multiple Action Research Group (MARG) (NGO) February-March 2009 Legal Intern & Research assistant , Did extensive Research on various Police laws, Domestic violence laws & drafted Right to Information applications (Right to Information Act, 2005).
• White Libra, Consumer Forum (NGO) June-July 2008 Legal Consultant , Associated with the Consumer Redressal System and assisted in the Commission’s Complaint Cell; Provided Legal solutions for complaints on Motor vehicle offenses, Telecom, Information Technology and Banking Matters.
• Synergy Adlabs Media Ltd. (CORPORATE) April – May 2008 Legal Consultant , Provided Legal Backup for the core team working for the show on Star Plus, “AAP KI KACHERI” (People’s Court); Drafted Petitions for Mediation on case laws provided by the NGO.
• VODAFONE Essar Mobile Services Ltd. (CORPORATE) June 2010 Legal Intern , Assisted their Legal and Regulatory Dept. in various Consumer matters and License agreements.

PUBLICATIONS

Ph.D. THESIS (Dr. Shashwat Bajpai)
The Anti-Profit Shifting And Transfer Pricing Measures: A cross-jurisdictional Comparative Study of India, UK, USA, South Korea & Mauritius. (NLUD).

BOOK
Shashwat Bajpai, “1990-2012: Two decades of Sea Change in the Practice of Modern Warfare”, 2013 ed., Scholars Press, ISBN: 978-3-639-51465-0

Banking and Financial Services, Mediation
English, Hindi
Delhi

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