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Overview

Naresh Thacker is a Partner in the Litigation, Arbitration and Dispute Resolution practice at ELP. He is a qualified lawyer with the additional attribute of being a Solicitor (non-practising) in England and Wales.

Naresh has over 20 years of experience in litigation, international arbitration and mediation; particularly in large infrastructure project arbitrations and post M&A arbitrations, corporate litigation, commercial disputes, regulatory and tax disputes and white collar crimes.

Over the years he has handled a number international and national arbitration cases as counsel under the Rules of ICC, LCIA, SIAC, UNCITRAL, Swiss Rules and Ad-Hoc proceedings for both domestic as well as multinational clients. He has been part of mediation and conciliatory proceedings at the clients’ behest and has brought them to fruition. Some of his recent matters include advising and representing a client on one of the largest hotel management disputes in the country; and also advising and representing one of the most successful real estate barons in a high profile dispute.

Naresh’s experience in tax disputes span issues relating to indirect tax, including Central Excise, Customs, Service Tax and VAT. On the regulatory front he routinely advises and represents clients on foreign exchange related issues and electricity matters. He has successfully represented clients in matters pertaining to economic offences before diverse Tribunals and Courts in India, large number of which have industry wide implications. Such decisions have been widely reported in various legal journals such as ELT, RLT, AIR, TIOL, Taxsutra etc.

On the regulatory front he routinely advises and represents clients on foreign exchange related issues and electricity matters. He has successfully represented clients before multiple tribunals and courts in India in matters pertaining to economic offences, a large number of which have industry wide implications. Such decisions have been widely reported in various legal journals such as ELT, RLT, AIR, TIOL, Taxsutra etc.

Some of Naresh’s recent matters include:

• Advising and representing the Multiplex Association of India on a dispute arising out of a price cap introduced on tickets by the State Government of Karnataka;
• Advising and representing a client on one of the largest hotel management disputes in the country;
• Representing one of the largest technology companies in the world in litigation proceedings in the Bombay High Court;
• Represented a global port terminal operator in domestic arbitrations against the Cochin Port Trust;
• Advising and representing one of the most successful real estate barons of India in a high-profile dispute;
• Advising and successfully representing shareholders of Thriveni Earth Movers Private Limited in their disputes as well as against lenders attempting to take over the Company, before the Calcutta High Court and the Kolkata Bench of the National Company Law Tribunal (NCLT);
• Representing a UAE based multinational in various ICC arbitrations;
• Advising a financial services company on the status of an original shareholder vis a vis that of an Affiliate, post JV;
• Representing Honeywell Automation India Ltd. in an international commercial arbitration;
• Advising and representing one of India’s largest conglomerates in a USD 110 million claim for damages in an arbitration case;
• Representing and protecting the interests of a group of minority shareholders of one India’s largest telecom companies before the NCLT;
• Represented Seabird Marine Pvt. Ltd., Meridian Shipping Agency Pvt. Ltd., Allcargo Global Logistics Ltd., Mundra International Container Terminal Pvt. Ltd., Forbes & Company Ltd. & Honeycomb Logistics Pvt. Ltd. in challenging an order of the Development Commissioner asking Container Freight Station to vacate premises located in the SEZ;
• Represented the seeds industry in a constitutional challenge to actions initiated by the State Government under local enactments;
• Represented Atos India Pvt. Ltd. in arbitration related matters with Employees Provident Fund Organisation;
• Represented a Netherlands based telecommunications company in a SIAC arbitration arising out of a shareholder’s agreement with a Bangladesh based telecommunications company;
• Represented one of India’s largest multinationals in an arbitration proceeding on de-allocation of coal mines;
• Represented one of India’s largest exporter’s association in drafting a miscellaneous application before the Supreme Court regarding the availability of the benefit of ‘Target Plus Scheme’;
• Advising and representing Adani Group on various tax related disputes;
• Advising and representing Larsen & Toubro Group in various tax related disputes;
• Advising a foreign conglomerate on contractual issues vis-à-vis Dhaka metro;
• Advised and represented Ajeet Seeds Pvt. Ltd. on a trademark infringement suit;
• Advised leading port terminal operators on their license agreements with various port trusts;
• Advising Konkan Railway Corporation Ltd. in an excise duty related dispute;

Naresh has been approached by diverse clientele including the Tata Group, Honeywell Group, Google LLC, YouTube LLC, Alphabet Inc, Oakwood Management Services Limited, British Gas (now Shell), Unilever India, Welspun Group, Larsen & Toubro Group, JSW Steel and Heligo Charters Pvt. Ltd.

Naresh is currently active in several professional organisations including The Law Society, UK; International Bar Association (IBA); the Inter-Pacific Bar Association (IPBA); London Court of International Arbitration (LCIA); Singapore International Arbitration Centre (SIAC) and Mumbai Chamber of International Arbitration (MCIA).

He is also part of the All India Federation of Tax Practitioners (AIFTP) and has recently been co-opted by Global Arbitration Review (GAR) as part of their Arbitration Research Tool (ART). He is a member of the International Chamber of Commerce’s (ICC) Commission on Arbitration & ADR and is also an ex-officio member of the Executive Committee of ICC India.

Naresh has been a regular keynote speaker, a moderator and a panellist at several international and national conferences on international arbitration and tax laws organised by LCIA, MCIA, SIAC, ICC IBA, AIFTP, ICCA, Corporate Counsels Association of India, Tax Sutra and the Chamber of Tax Consultants. Additionally, Naresh has also been a panellist at the Engaging Asia Arbitration Summit and the CARDS’ Tour de Arbitration conference. Some of the topics he has addressed in his talks include, ‘Demystifying myths of Institutional Arbitration’, ‘International Arbitration within the Indian landscape’, ‘Cross Border Transactions: Dispute Resolution in India’, ‘The Future of International Arbitration in India’, ‘Expert evidence in international arbitration’, ‘Reining in time as well as costs of arbitration in the Indian scenario’, ‘India’s Arbitration Amendment Bill’ and ‘Asia’s Emergence as a Global Epicentre for Opportunities in Arbitration’.

Naresh is often quoted by prestigious international journals and his articles continue to appear in trade publications around the world such as International Law Offices, India Business Law Journal and Global Arbitration Review (GAR). Some of his authored articles include, the India Chapters for several international publications including, The Asia-Pacific Arbitration Review 2016 to 2018 published by GAR; International Arbitration 2016 Global Practice Guide published by Chambers & Partners and Getting the Deal Through (authored the chapter on M&A litigation). He is frequently sought out for his comments by India’s leading newspapers and online portals such as Economic Times, Business Today, Live Mint, Financial Express, Legally India and Corp Watch.

Recognitions