Practice Overview
ARBITRATION & MEDIATION
As the foremost arbitration firm in India and across the globe, Advani & Co. are always prepared to provide the best solution to your legal needs.
Our firm was founded on the principle that finding solutions is paramount to everything else. We therefore encourage clients to enter into discussions for amicable settlement, failing which, mediations are done. Advani & Co. with so many years of experience have successfully resolved various disputes, be it domestic or international.
What distinguishes us from the rest?
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Comprehensive handling of every aspect of your dispute, in-house and with no use of external counsel
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Lowering cost of arbitration to an affordable level
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Making suggestions in line with clients’ concerns
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Fundamental philosophy is client satisfaction
Our Focus
Our dispute resolution team is well-equipped to provide our clients with ingenious solutions with respect to their disputes.
We focus on:
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Pre-litigation strategy
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Advising and representing clients in all kinds of arbitration, conciliation, mediation and litigation proceedings
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Advising on issues with respect to enforcement of arbitral awards
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Advising on issues arising from the conflicts of law
Our Competencies
Settling for nothing less than excellence in the realm of arbitration is a tradition we adhere to.
Teaming together for success
Handling complex arbitration proceedings is what we are good at. We are a diverse group of experienced and efficient lawyers. Each team is headed by a team leader who leads, coordinates and is directly responsible for meeting a client's requirements.
Prompt in services rendered
Our clear and prompt response to client’s requirements and rendering services at international standards is what attracts our prestigious clientele. This is also what we pride ourselves on. With our expertise in arbitration, you can be assured of a beneficial settlement for your dispute.
Our Experience
Our enviable record illustrates that we have resolved 30 to 40 million dollars in Arbitrations in the past three years and have successfully fought Arbitrations ranging from 50 million to 500 million dollars. These successes confirm Advani & Co. as viable leaders in the field of arbitration, both domestically and internationally.
We have a plethora of experience in resolving disputes arbitrated under the auspices of
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The International Chamber of Commerce (ICC)
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London Court of International Arbitration (LCIA)
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UNCITRAL
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Zurich & Stockholm Chamber of Commerce
Totally committed to client satisfaction
The firm's satisfied clients include several domestic and international blue chip companies.
Furthermore, Advani & Co. has fought substantial disputes for and against various Government entities such as Jawaharlal Nehru Port Trust, Oil & Natural Gas Corporation Ltd. and Indian Oil Corporation Ltd. The arbitration awards have favoured our clients in 90% of cases.
Our achievements mark our successes
Our extraordinary successes have resulted in our senior partner, Mr. Hiroo Advani, being one of the few select Indian lawyers, being invited to speak on arbitration at international forums. Furthermore, "Asia Pacific Legal 500", the foremost journal for law firms, recognised Advani & Co. as the leading arbitration law firm in India http://www.icclaw.com/as500/frames/in_fr.htm
CORPORATE MERGERS & ACQUISITIONS
Mergers and acquisitions have always been at the heart of Advani & Co.'s corporate transactional practice. Advani & Co. under their commercial and corporate law practices have the ability to deliver results by combining expert counsel and commercial pragmatism so as to benefit our clients at every stage of their business.
We structure acquisitions in a manner that is beneficial and tax efficient, conduct detailed legal due diligences, document the transactions and assist in negotiations. When required we tap the expertise of other lawyers in the firm in the areas of employee benefits, intellectual property, tax and other practice areas.
A will to succeed
Several issues that arise from mergers and acquisitions can be deal breaking. Our aim has been to keep a transaction alive which in itself is very well recognised. We have successfully kept together agreements involving amounts ranging from thousands of dollars to billions of dollars.
Our Focus
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Irrespective of the size of the deal, we make sure that our client benefits from our experience and handling
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We focus on all kinds of joint ventures and strategic alliances, public and private mergers, tax restructuring and cross-border mergers and acquisitions.
Our Competencies
Our team of dedicated lawyers have a unique understanding of all the complex legal and economic issues involved with mergers and acquisitions. Using our extensive familiarity with the relevant authorities and processes, we help deliver speedy resolution for a multitude of legal procedures faced by our clients.
Global emergence
Many of our clients are overseas parties and as a result we are at ease dealing with substantially complex transactions. This has also contributed to our experience in large transactions with cross-border dimensions.
We often collaborate with large international law firms to bring such large transactions to fruition.
Our Experience
Trained to deliver
Advani & Co.'s corporate law practice covers the entire gamut of transactions involved in any business.
We have extensive experience in rendering services relating to capital market, formulating joint venture agreements and acquisitions. Our prominent lawyers render services pertaining to the capital markets; with specific regard to mutual funds listed in Indian and foreign capital markets.
As a participant in many corporate transactions, we are often working closely with corporate counsel and foreign law firms in addressing cross-border issues involved.
Advani & Co. has a substantial merger experience, with a strong record of providing solutions. Our experiences include achieving clearances, investigation, negotiations and multi-jurisdiction filings.
Advani & Co. has its associate offices in Delhi, Hyderabad, Bangalore and Chennai, which enable us to coordinate and provide regional as well as countrywide services.
INTELLECTUAL PROPERT RIGHTS
Keeping in view of the changes in trade & commercial practices and globalisation of trade, India’s trademark law has been amended by the Parliament. The Government of India has passed and repealed the earlier Trade and Merchandise Marks Act 1958 by passing Trademarks Act 1999. This Act is compatible with TRIPS (Trade-Related Aspects of Intellectual Property Rights) harmonising the Indian Trademarks Law with international systems and practices.
Leveraging your intellectual property
Intellectual property in India is well established at statutory, administrative and judicial levels after India ratified the agreement with WTO containing an Agreement (TRIPS), which came into force from 1st January 1995.
A significant portion of our intellectual property practice involves helping clients maximise the goodwill of their intellectual property while minimising the risk of infringement of their intellectual property.
Our Focus
Our intellectual property team focuses on the following services to our clients:
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Drafting, filing and prosecuting registration applications in respect of Patents Copyrights and Trademarks
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Legal opinions on intellectual property issues arising from budding technologies
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Coordinating with international law firms in the procedural aspects of the intellectual property registration process for effective intellectual property management in major corporate as well as commercial transactions
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Drafting and reviewing a varied range of intellectual property agreements to meet the needs of wide-ranging industries in India and across the world
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Conducting due diligence with a specific focus on intellectual property, involving a detailed review and documentation of intellectual property in a company
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Assistance in evaluating the threat, legal responsibility and opportunities involved with intellectual property
Our Competencies
Advani & Co. has well experienced veterans dealing with intellectual property rights. We provide legal advice in connection with all aspects of intellectual property, including its registration, exploitation and enforcement. We have specialised in the field of Trademarks and Copyrights.
Global presence and practice
We also advise our national as well as international clients on effective intellectual property management in major corporate as well as commercial transactions. We aid our clients in procuring, managing and protecting their intellectual property.
Our Experience
Advani & Co. has over the years specialised within the domain of intellectual property rights with special regard to working on Trademarks and Copyrights related issues for medical services, steel services, departmental stores, etc.
We are regularly engaged by companies in the registration, international filing, licensing and assignment of intellectual property.
Expertise at work
Advani & Co. has efficient attorneys actively engaged in civil and criminal litigation with respect to infringement of intellectual property and police raids for the seizure of the unauthorised intellectual property.
DUE DILIGENCE
Due diligence serves to confirm all material facts in regards to a sale. Generally, due diligence refers to taking the steps that ensure a smooth processing of any transaction. This is usually done even before one enters into an agreement or a transaction with another party.
An investigation or audit of a potential investment
Offers to purchase any asset are usually dependent on the results of due diligence analysis. This includes reviewing all financial records plus anything else deemed material to the sale.
Safeguarding the sale
Sellers could also perform a due diligence analysis on the buyer. Items that may be considered are the buyer's ability to purchase, as well as other items that would affect the purchased entity or the seller after the sale has been completed.
Our Focus
Due diligence practice is a key area of expertise at Advani & Co. Via this method, we avoid unnecessary harm to either party involved in a transaction.
Our Competencies
Our most distinctive attribute is that we undertake due diligence exercise for all business, legal and financial dealings of corporate sector. We help our clients to evaluate their business proposal, identify possible legal problems, thus helping them in taking conversant commercial and viable decisions.
Regardless of the situation, while entering into any commercial treaty with other companies & individuals, we work through the complex situations involved.
Our understanding of legal situations, contractual obligations, treaties, regulations and business needs, make us highly sought after in order to make it an effective deal for our clients whether at home or the foreign markets.
Our Experience
The team at Advani & Co. is experienced in handling due diligence for all natures of businesses thus enhancing our clientele from small and medium sized corporate entities to larger ones.
We are well versed with the legal procedures for converting problem free deals for our clients. We consider the specific nature of the business to monitor, submit and build a compatible and profitable business relation for our clients. The performance and commitments of the parties are kept in mind while working on due diligence formalities from our end.
Advani & Co. has a wide repertoire of experience in assisting with all of these matters. We minimise risks and work towards a risk mitigation strategy for our clients.
An investment due diligence as we all know deals with four aspects of the investment transaction –
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Financial side of a business which is the financial due diligence
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The legal standing, structuring and related matters is the legal due diligence
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Technological feasibility of the transaction also referred to as Technical due diligence
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And analysis of transactions that may result in deception is termed as forensic due diligence
We work towards attaining accurate legal standing for legal due diligence.
PRIVATE EQUITY
Over the last few years, we have leveraged on the diverse, extensive skills and experience of our corporate department. We have built a broad practice representing financial and strategic investors and issuers/targets in venture capital and private equity transactions.
Our Focus
Strategic advice with expert guidance
Using a multi-disciplinary approach and working in conjunction with the Firm’s tax, securities, intellectual property, benefits and other attorneys, we provide our clients with expert advice on all aspects of venture capital and private equity transactions. Our strength lies in offering creative solutions to complex strategic, financial, legal and other issues faced by our clients.
Our focus is to understand the integral part of the broader concept of private equity mandates and objectives dealing with private equity funds.
Our approach is to incorporate key business concepts matching it with legal advice to ensure that our client’s legal rights and interests are covered off in a widespread, but profitable way.
Our Competencies
The Firm’s attorneys in the venture capital /private equity practice are skilled business advisors who offer inventive solutions to complex strategic, financial, legal and other issues faced by our clients.
We use an international approach, working in concurrence with the Firm’s tax, securities, intellectual property, benefits and other attorneys to provide our clients with specialist advice on all facets of venture capital and private equity transactions.
Our Experience
A wide range of authoritative work
We have considerable experience in all types of venture capital investments and private equity transactions including:
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Angel rounds of financing
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Convertible debt and preferred stock investments
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Recapitalisations
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Leveraged buyouts
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Management buyouts
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Other change-in-control transactions
Our experience spans across many industries, from the media and entertainment world to high tech and biotech. Constant development and a strong focus on results have made our team masters of the subject.
So much so, that our lawyers very well understand the process of fund formation, financing and investment and the ever-changing ‘market‘ standards by which investors assess new investments
LITIGATION
Our Focus
With our team of expert and enthusiastic lawyers, all highly-trained for litigation practice and serving our clients in a highly effective and cost-efficient manner round the clock, we:
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Work on a pre-litigation strategy
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Focus to make a radical and positive difference in both expense and result
Litigation support from Advani & Co. can mean success instead of defeat, or settling early and favourably, rather than settling later and/or at an arduous cost
Our Competencies
We have been actively engaged in all forms of corporate, civil and criminal litigation for the past 20 years. The Firm has proficient veterans actively dealing with complex and multifaceted litigation matters providing comprehensive representation in all aspects of commercial, civil and criminal litigation.
Advani & Co. has facilitated clients demanding urgency in cases seeking interim measures by pursuing the most appropriate interim remedies, filing of writ petitions, etc.
Our Experience
Advani & Co. strongly believes in identifying with the client’s needs and treating the client's interest as paramount. We have a record of securing excellent results through aggressive strategy to secure early relief for our clients.
Our proficient attorneys have extensive experience of dealing with a range of matters under different Courts and Tribunals.
DEBT RECOVERY
Keeping in line with the international trend of helping financial institutions recover their bad debts quickly and efficiently, Government of India enacted the Recovery of Debts Due to Banks and Financial Institutions Act 1993.
It constitutes of special courts called the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals across the country. These Debt Recovery Tribunals were unshackled from rigorous and cumbersome procedures that were prescribed under the Civil Procedure Code.
Instead, the Debt Recovery Tribunals are now empowered to frame their own procedures of practice.
Our Focus
We provide expert opinion with regard to debt recovery which can solve the bad debt problems.
Our Competencies
The attorneys at Advani & Co. have gained exposure on various matters under the Debt Recovery Tribunals. We work towards speedy adjudication and recovery of debts due for our clients.
Our Experience
We represent a number of banks and financial institutions before the Debt Recovery Tribunal and the Appellate Tribunal.
Our practice areas relates to:
Securitisation
Reconstruction of financial assets
Enforcement of security interest
Recovery of debts due to banks and financial institutions
CONVEYANCING
Advani & Co. focuses on central laws, which have an effect on real estate transaction in India such as Transfer of Property Act, 1908, Indian Contract Act, 1872, Specific Relief Act, 1963, Urban Land (Ceiling & Regulation) Act, 1976, Land Acquisition Act, 1894, certain provisions of the Income Tax Act, etc.
Our Focus
Skillful professionals at Advani & Co. are well aware of the art of conveyancing.
Our focus lies in –
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Conducting legal due diligence for our clients with regard to the property in question, whether outright purchase or a lease
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Advising clients on disputes relating to property
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Advising clients on issues relating to land acquisitions, SEZ’s, implementation of STPI, IT/ITES policy
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Development of township projects, residential projects, commercial malls, industrial malls
Our Competencies
Advani & Co. has cohesive and resourceful team of attorneys exclusively dealing with the various aspects of the transactions pertaining to conveyancing. Our attorneys also specialise in dealing with the enactments with respect to the state acts, which affect the real estate transaction, such as stamp laws of each state, rent laws of each state, etc.
We have extensive experience in dealing with the civil as well as criminal litigation pertaining to property transactions.
Apart from this, we also specialise in advising clients on implementation of SEZ projects throughout India and on the legal and regulatory aspects of acquisition of land, including township projects.
Our Experience
Advani & Co. has an extensive experience in dealing with the conveyances. We specialise in structuring foreign investment in the real estate sector in India, issues pertaining to all sorts of conveyances and drafting the conveyance deeds, renewal of lease, setting up and registration of a co-operative housing society. We aid clients with all kinds of property transactions.
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