Kartikey Mahajan - Associate

KIRKLAND & ELLIS INTERNATIONAL LLP

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Kartikey Mahajan

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London
Phone: +44 20 7469 2339
Fax: +44 20 7469 2001
Overview Publications

Professional Profile

Kartikey is an associate in Kirkland & Ellis International LLP’s International Arbitration and Litigation Group in London.

Kartikey represents private parties and state entities in institutional ((ICSID, ICC, LCIA, SIAC, HKIAC, AAA, GAFTA)), ad-hoc and treaty arbitrations around the world. He has also represented clients in litigation proceedings in various jurisdictions like London, Dubai, India, Singapore, Hong-Kong and Iraq.

Kartikey is qualified to practice in England & Wales, the State of New York and India. He regularly advises clients on Asia related disputes with a focus on disputes originating out of India and Singapore. Kartikey also advises clients on white collar, fraud and corruption issues, and as well as drafting of arbitration clauses. His experience spans across energy, infrastructure, private equity, banking and construction industries.


Representative Matters

International Arbitration

  • Representing a Middle Eastern investor in an ICSID arbitration proceeding against a Middle Eastern state in connection with its investment in the telecommunications sector.

  • Advised a South Asian investor on an investment treaty claim against an Asian State, and on the possibility of a parallel ICC commercial arbitration.

  • Advised Indian government in relation to enforcement aspects of the White Industries v. Republic of India award.

  • Representing a leading global logistics company in multiple ICC arbitrations (preceded by a ICC mediation) against a Cayman company and its controlling shareholder in relation to recovery of various payments due from the shareholders under the shareholders agreement; and minority oppression, and mismanagement disputes. Seat – DIFC. English law applied.

  • Representing a Croatian retail major and eleven (11) other Balkan companies (acting as guarantors) in a LCIA arbitration against a Russian bank in a dispute concerning bank loans worth €450 million. The matter also involved recognition of cross border insolvency orders and judgments of the Croatian court before the English courts. Seat – London. English law applied.

  • Representing a leading middle-eastern company in an ICC arbitration (preceded by a ICC mediation) relating to recovery of unpaid invoice amount for providing management services to an Iraqi company. Seat – DIFC. English law applied.

  • Representing an English consulting company in a LCIA arbitration against a leading Spanish engineering and clean technology company for recovery monies due. Seat – London. English law applied.

  • Represented a major German private equity fund against its Chinese joint venture partner in a HKIAC arbitration. Seat – Hong Kong. Hong Kong law applied.

  • Represented a US media conglomerate in a SIAC arbitration against its joint venture partner concerning its exit from the joint venture. Seat – Singapore. Indian law applied.

  • Advised a global energy major in terminating its mining joint venture (in Mozambique) and initiating LCIA arbitration against its partner. English law governed.

  • Represented a major Italian contractor in two related ICC arbitrations against a Thai entity in relation to a Lao hydro-power plant project. Seat – Singapore. Singapore Law applied.

  • Represented a German commodities major in a SIAC arbitration for a claim of wrongful gains against its employee. Seat – Singapore. Singapore law applied.

  • Representing a Chinese company in an ad-hoc Singapore construction arbitration dispute against a Singapore party.

  • Represented an Indian public sector undertaking in an ad hoc arbitration against a US Company. Seat – India. Indian law applied.

International Litigation

  • Representing a minority joint venture partner (a leading global logistics company) in DIFC court proceedings against the directors nominated by the majority shareholder in relation to various mismanagement and corporate governance disputes under the shareholders agreement.

  • Represented an Italian construction company in a setting aside proceedings before the Singapore courts in relation to an ICC award.

  • Advised on Singapore court proceedings in relation to an ICSID Arbitration alleging expropriation of shares in gold and copper mines in Papua New Guinea.

  • Represented Government of India before Delhi High Court in a challenge to appointment of the Comptroller and Auditor General of India (M.L. Sharma v. Union of India).

  • Represented Government of Indian before the Delhi High Court in a challenge to the FDI approval for setting up of the joint venture airline between Airasia (Malaysia) and Tata Sons Limited (Dr. Subramanian Swamy v. Union of India).

  • Advised a global supplier of anchor products in relation to a construction litigation in India.

White Collar Investigations and Defense

  • Represented a Swiss bank in a high-profile multijurisdictional (DOJ, MAS and FINMA) investigation in relation to the 1MDB Scandal.

  • Represented a major international bank in a regulatory investigation into derivatives trading by the (Indian) Central Bureau of Investigation.

  • Represented a Japanese automobile major in an investigation against its employees by the MAS, and as well as parallel civil and criminal proceedings before the Singapore and Malaysian courts.


Publications

News

Quoted, “India to grade arbitral institutions”, Global Arbitration Review (17 January 2017).

Quoted, “Indian government committee to look at Modi's plans”, Global Arbitration Review (17 January 2017).

Quoted, “Delhi court offers interim relief in similar terms to a SIAC emergency award”, Global Arbitration Review (28 November 2016).

Quoted, “India – a new law for a new year”, Global Arbitration Review (4 January 2016).

Cited, “Delhi court dissolves panel over arbitrator fees”, Global Arbitration Review (5 March 2014).

Articles

Co-author, “Adding Pakistan To 'Gray List' Has Important Consequences,” Law360, 23 May 2018

Author, “LCIA’s changes to its tribunal secretary process: about time to make it more transparent”, Practical Law Arbitration Blog, 30 November 2017

Co-author, “Chapter on Enforcement of an Award Annulled at the Seat”, Enforcing Arbitral Awards in India by Nakul Dewan (ed.), Lexis Nexis 2017

Co-author, Two Roads Diverged in a Clause – the Law of a Free-Standing Arbitration Agreement vs. The Law of an Arbitration Agreement That Sits Within a Main Contract, Kluwer Arbitration Blog, January 2017.

Co-author, “Lessons for referring disputes to arbitration involving Negotiable Instruments”, Kluwer Arbitration Blog, November 2016.

Co-author, “Uncertainty of enforcement of emergency awards in India”, Kluwer Arbitration Blog, December 2016.

Author, “Can Two Indian Parties choose a foreign seat for arbitration?”, Kluwer Arbitration Blog, 2016.

Co-author, “The Indian Supreme Court and its Public Policy Seesaw”, 4 International Arbitration Law Review 63 (2015).

Author, “Arbitrability of Fraud in India”, 81 (1) Arbitration 48 (2015).

Co-author, “How reliance saga brought clarity to the applicability of Bhatia International”, Kluwer Arbitration Blog (2015).

Co-author, “DIFC as Host Jurisdiction for Domestic Awards outside DIFC”, 4 International Arbitration Law Review N20-N22 (2014).

Co-author, “Reference of Non-Signatories to Arbitration in Composite Transactions”, 30 Journal of International Arbitration 48 (2013).

Co-author, “Heralding a New Dawn for Arbitration in India”, 79 (1) Arbitration 28-36 (2013).


Seminars

Spoke on “Saving Time and Costs in International Arbitration – Role of Institutions” at the First ICC India Arbitration Day, New Delhi, India, 14 October 2017

Participated in a mock arbitration at the the 16th IBP National Convention of Lawyers, Manila, 24 March 2017

Spoke on “Consolidation of Arbitrations” at the PIArb, CIArb and AFIA Fellowship and Symposium on Emerging Issues in International Arbitration, Manila, 23 March 2017

Spoke on “Security for Costs at the Joint ICC - KLRCA event” at KLRCA, Kuala Lumpur, March 2017

Spoke on “Career in International Arbitration” at Harvard Law School, February 2016


Prior Experience

Clifford Chance LLP, Singapore

  • Associate (2015–2017)

Offices of Additional Solicitor General of India, New Delhi, India

  • Counsel (2012–2014)

Luthra & Luthra Law Offices, New Delhi, India

  • Associate (2011–2012)

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