Mr. Manoj K. Singh, the Founding Partner of the law firm Singh & Associates, specializes in Litigation and ADR practice.
He appears and argues matters before the Hon’ble Supreme Court of India, all High Courts in India and various Tribunals. Mr. Singh regularly represents clients in cross-border financial and investment disputes. His signature strength is representing clients in commercial disputes and litigation.
Mr. Singh has extensive experience and is a name to reckon with in domestic and international arbitrations including ad-hoc and institutional arbitrations. He has successfully undertaken and represented clients in many international arbitrations including under the rules of the London Maritime Arbitrators Association (LMAA), International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Singapore International Arbitration Center (SIAC).
An astute litigator, Mr. Manoj K. Singh is an excellent solutions-oriented lawyer. His deferential manner and forceful arguments have helped him successfully represent high-profile individuals, large corporations and public institutions in contentious proceedings.
Mr. Singh has more than 16 years of rich experience in helping out clients in legal issues. He has featured in and as one of the 100 Legal Luminaries of India (a coffee table book published by Lexis Nexis in 2016).
He was also one of the recommended Notable 40 under 40 lawyers for dispute resolution by Indian Lawyers 250 in 2013 and Finance Monthly.
Under his able guidance and leadership acumen, the Litigation Practice of Singh & Associates, represents in a mix of strategic litigations (domestic and international) in civil, criminal, commercial and arbitration matters. The Firm’s Practice Group comprises a large team that focuses on litigation and alternative dispute resolution and handles a significant number of filings in the Supreme Court of India and various High Courts across the country.
A Few Recent/Notable Matters
- Award against NHAI for Rs. 500 Crore along with interest. Singh & Associates, successfully represented its client an Infrastructure company in an Arbitration matter against National Highways Authority of India (NHAI). The arbitration was relating to the dispute arising out of the Design, Construction, Development, Finance, Operation and Maintenance of the work of construction of New Four Lane Bypass of the length 42.033 KM on Build, Operate, Transfer, Annuity Basis executed by our Client. Our Client was awarded the Project on a semi Annuity amount of INR 26.53 Crores (Rupees Twenty Six Crore and Fifty Three Lacs Only). It was our Client’s case that NHAI failed to adhere to its obligations as set forth in the Concession Agreement (including but not limited to providing encumbrance free land, Right of Way etc.) on account of which the construction work could not get completed on the Scheduled Project Completion Date. The complete stretch of land and Right of Way was handed over to our Client with a delay of more than 2 years. The Arbitration Award was pronounced in August 2018 by the Hon’ble Arbitral Tribunal, which was constituted of three Hon’ble Members. In the Final Award, the Hon’ble Tribunal held NHAI has majorly contributed towards the delay in handing over the land and Right of Way and breached the terms of the Concession Agreement. The Hon’ble Tribunal, was pleased to allow our Client’s claims to the tune of Rs. 500 Crores along with interest.
- At present, the Firm is contesting a large arbitration case for India’s waterways transportation company against NTPC, arguments have been heard and Award has been reserved. During the arbitration, we were able to secure in favour of our Client two interim orders for payment of not one but two Minimum Guaranteed Quantity Amounts, for two respective years. We successfully represented Client in Section 17 Applications filed before the Hon’ble Tribunal for directing NTPC to make payment of INR 158.50 Cr. and INR 197.81 Cr., being the MGQ Amount to our Client and also for staying of invocation of Client’s Bank Guarantee and unlawful termination by NTPC. The said interim orders have been upheld by the Hon’ble High Court of Delhi and the Hon’ble Supreme Court of India (the Firm also successfully represented the client in the said appeals). Our Client received the payment for the said MGQ amounts, against submission of BGs, the termination was stayed and Bank guarantee invocation was also stayed. The total arbitration claim in the matter is INR 2021 Crore.
- Successfully represented ERA Infra Engineering Limited, a large Indian Infrastructure Company in an international arbitration involving complex FX derivatives (the ISDA Master Agreement) before the LCIA.
- Successfully represented ERA Infra Engineering Limited, a large Indian Infrastructure Company against Adani Global Pte. Limited in an international commercial arbitration before the SIAC.
- Successfully represented and settled the matter for and on behalf of Delhi Transco Ltd. in an international arbitration before the Arbitral Tribunal for resolution of disputes through international commercial arbitration following the ICC Rules on arbitration.
- Represented IRCON International (a Government of India Public Sector Undertaking Company) against a major infrastructure multi-national company in an international commercial arbitration before the ICC, Paris.
- Successfully won a matter before the Hon’ble National Green Tribunal, safeguarding the interest of a leading waste management company converting waste into energy who had invested more than INR 200 Crores in the business.
- The Firm is assisting one of the leading multinational pharmaceutical companies in its on-going dispute with a competitor relating to an investigation into parenteral use of excipients (inactive pharmaceutical ingredient).
- Successfully represented M/s Era Infra Engineering Ltd (a Listed Company) in proceedings under the newly enacted, Insolvency and Bankruptcy Code, 2016.
- Successfully represented our Client Jindal ITF Ltd. for various issues arising out of the Coal Transportation Agreements entered into with (Adani Enterprises Limited) for unloading the coal from mid-sea Transfer Point and thereafter hauling it into barges and transporting the same to NTPC Ltd.’s Farakka Thermal Power Plant through inland waterways. The matter was settled between the parties immediately after cross examination.
- Assisted its client, a leading solar energy company in India, in an arbitration matter against NTPC and successfully represented the client in a Petition before the Hon’ble Delhi High Court under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia praying that NTPC should release the amount and also handover the goods for the execution part of the Contract.
- Founding Partner – Singh & Associates, Advocates and Solicitors;
- Director in Chartered Institute of Arbitrators, India;
- Assistant General Secretary of Society of Indian Law Firms;
- His name is incorporated in the North India Regional Council of Indo American Chamber of Commerce.
- Chaired session on “Arbitration in India-US Cross Border Disputes” during Conference India-United States Cross Border Investment 2.0: Counselling in Reform Environments, organized by SILF and American Bar Association (India Committee under International Section), February 18-19, 2016 at the Hyatt Regency, New Delhi.
- Delivered Lecture on “Prosecution Management” for the members / officers of Serious Fraud Investigation Office (SFIO), a multi-disciplinary organization under Ministry of Corporate Affairs, on 13 February 2016.
- Chapter on “Tax Litigation – Jurisdictional Comparisons” as Tax Litigation expert for India for the European Lawyer “Tax Litigation Reference Book”;
- Chapter on “Transfer Pricing & Tax Avoidance” for the European Lawyer’s “Transfer Pricing & Tax Avoidance – Jurisdictional Comparisons” Reference Book.
- Chapter on “Civil Litigation- Jurisdictional Comparisons” as Civil Litigation expert for India for the European Lawyer “Civil Litigation” Reference Book;
- Paper & Presentation on “Conflicts Rules Determining The Applicable Law And Jurisdiction In Construction Contracts” for International Constructions Projects Session during International Bar Association Annual Conference [30th September to 06th October 2012], Dublin, Ireland.
- Paper & Presentation on “Current Issues: Competing Infrastructure; Planning; Effective Contract Administration; Dispute Resolution Mechanism; Aggressive Bidding; And Sectors In Which PPP Model Are Coming Up” for International Constructions Projects Session during International Bar Association Annual Conference [03rd to 08th October 2010], Vancouver, Canada.