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AVINASH TRIPATHI

A.O.R. (Supreme Court )

AVINASH TRIPATHI

Avinash is adept in providing legal solutions in conflict situations - involving contractual disputes, government actions, regulatory changes, statutory violations. He regularly undertakes risk analysis and advices on key legal issues involved in commercial transactions with keen eye on resolution of potential conflict situations.

Avinash has handled issues pertaining to Drug & Cosmetic Act, Food Safety & Standards Act, Construction Contracts, Telecom, Infrastructure, Information Technology, Media, Television And Broadcast, Foreign Investments, Defense amongst many others.

Avinash regularly argues before Arbitral tribunal(s) – Domestic as well as International. Avinash has been involved in advising and representing clients before DRT, NGT, NCLT, District Courts, High Courts, High Courts and the Supreme Court of India.

Key issues

o Successfully led the leading Pharmaceutical Associations in their challenge to the ban on Fixed Dose Combination before Delhi High Court and Supreme Court.

o Successfully represented Canadian Infrastructure company in respect of disputes pertaining to infrastructure contracts and labour laws.





o Advising and strategizing the ongoing dispute pertaining to India’s largest infrastructure lending group before the NCLT, NCLAT & the Supreme Court

o Representing the market regulator in respect of various critical issues affecting its jurisdiction in Appeal filed before the Supreme Court.

o Leading the defence on behalf of Dutch Company in respect of Arbitral award before the Court hearing the execution and setting aside of the award proceedings.

o Represented an international IT – Giant in an arbitration in respect of disputes arising out of contract entered into between the IT Company and a government entity for modernizing and upgrading their system.

o Conducting arbitration on behalf of multiple companies on issues pertaining to gamut of contractual disputes.

o Represented a PSU before Hon’ble Supreme Court of India in a matter relating to arbitration proceedings emanating from fraud played by a major gold bullion exporter upon the PSU. Advised the PSU on the legal issue of “fraud being arbitrable dispute (or not)”. The scale of fraud committed by the bullion exporter comes to around Rs. 150 Crores.

o Worked alongwith the Special Counsel for CBI before the Supreme Court in the
Coal Block Allocation scam issue.

o Advised a Pharmaceutical Company in relation to the scope and applicability of the Drugs and Cosmetics Act on neutraceuticals which contain vitamins and proteins but do not profess any therapeutic use.

o Advised social network giant on the aspects of net neutrality and the applicability of the Indian Telegraph Act to govern Net Neutrality and whether the existing statutes are insufficient to regulate OTT services or Net Neutrality.

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