Practice Areas
DISPUTE RESOLUTION
Sinha & Partners has established a strong Dispute Resolution practice based on their extensive experience, established expertise, and diverse capabilities in handling complex and multi-jurisdictional litigation. The litigation practice is led by Mr. Rahul Sinha, a founding partner with a formidable reputation as an eloquent and skilled lawyer. The firm’s services extend beyond its offices to other cities across India, where it has formed alliances and trusted relationships with leading law firms and professionals to provide impeccable solutions to clients. The team comprises efficient professionals and qualified advocates who have excellent skills in handling criminal and quasi-criminal cases, including defamation, white-collar crimes, economic offenses, insider trading, corporate frauds, and market manipulation, among others.
The firm handles a wide range of civil disputes and proceedings, commercial arbitrations, statutory and regulatory proceedings, and collaborates with clients in devising litigation strategies, creating compliance programs, and conducting risk assessments to align their advice and solutions with the clients’ commercial interests. The firm strives to resolve disputes in a timely, cost-effective, and efficient manner to meet clients’ goals and objectives. The firm’s lawyers have commercial acumen and understand businesses, giving them an advantage in comprehending the complex commercial aspects of a dispute to arrive at meaningful solutions for their clients. They are trained to work efficiently within the firm to provide effective legal representation and collaborate with senior advocates and other law firms when necessary and in clients’ best interests.
The practice encompasses various dispute resolution types, including litigation and arbitration, and serves diverse sectors such as telecom, manufacturing, aviation, airport, energy, mining and natural resources, media, technology, hospitality, insurance, health, entertainment, information technology, employment, retail and trade, property, and construction activity. Sinha & Partner’s lawyers have extensive experience in cross-border and domestic disputes before the entire range of courts, tribunals, and quasi-judicial authorities within their jurisdiction and others.
The firm’s Litigation Services include drafting and filing representations, applications, pleadings, suits, petitions, writ petitions, special leave petitions, defending cases against clients in various courts and tribunals, including District Courts, NCLT, NCLAT, DRT, DRAT, National Green Tribunal, Consumer Forums, Competition Commission & its Appellate Tribunal, SEBI, SAT, AERAT, High Courts, and The Supreme Court of India, among others. They represent clients before said courts, tribunals, and authorities.
ARBITRATION/ ALTERNATE DISPUTE RESOLUTION
Sinha & Partners boasts a highly experienced team of dispute resolution lawyers specializing in Arbitration and Alternative Dispute Resolution, with expertise in both international and domestic arbitration, as well as mediation. Our client base spans across various industries, including but not limited to Infrastructure & Projects, Oil & Gas, Construction & Engineering, Power & Energy, Telecom, Technology, Digital Media, Banking & Finance, Automobiles, Aviation, Chemicals, Transportation, Manufacturing, Hospitality, Fashion, and Luxury Goods, and comprises of domestic and multi-national corporations, foreign investors, funds, and business houses.
Our services are tailored to meet the specific needs of each client, with our collective knowledge and expertise being utilized at every stage of the dispute resolution process. We provide assistance in drafting arbitration clauses, advising clients during the pre-arbitration stage, representing clients from the commencement of arbitration until the final hearing, seeking interim measures of protection from courts and arbitral tribunals, filing and defending applications for urgent interim relief before emergency arbitrators, acting in enforcement proceedings of arbitral awards and in matters concerning recourse against awards.
Our Arbitration team has represented clients in high-profile and heavily contested cases, as well as mid-sized disputes, across various cities in India and major arbitral seats outside India. We have experience in handling arbitrations under the Rules of leading national and international arbitral institutions such as the Indian Council of Arbitration (ICA), Mumbai Centre for International Arbitration (MCIA), Nani Palkhivala Arbitration Centre (NPAC), American Arbitration Association (AAA), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), and the Asian International Arbitration Centre (AIAC). Additionally, our team has extensive experience in handling ad-hoc arbitrations as well as arbitrations conducted under the UNCITRAL Rules.
INSOLVENCY AND BANKRUPTCY LAWS
Sinha & Partners’ Insolvency and Bankruptcy practice provides a wide range of services, and has been actively involved in the evolving landscape of the Insolvency and Bankruptcy Code, 2016 since its inception. The firm represents a diverse group of clients, including major financial institutions, non-banking financial companies, banks, asset reconstruction companies, corporations, and MSMEs in a variety of matters before the National Company Law Tribunals, the National Company Law Appellate Tribunals, the High Courts, and the Supreme Court of India. Sinha & Partners also advises and represents Resolution Professionals during the corporate insolvency resolution process of corporate debtors, including the insolvency resolution process of Personal Guarantors and individuals. Moreover, the firm advocates for homebuyers before the Tribunals and the Committee of Creditors to help them find the most tailored solution.
Drawing on its extensive experience in banking and finance, combined with its expertise in financial and commercial litigation, Sinha & Partners provides comprehensive and strategic advice to its clients, and keeps them abreast of the numerous amendments made in the Code. Its client base includes lenders and investors at all levels of the capital structure, defaulting companies, promotors/directors, financial and operational creditors, Creditor Committees (CoC), insolvency professionals, liquidators, stakeholders committees, trustees, and government institutions.
The firm provides legal and commercial advice on a range of matters, including contingency planning/pre-insolvency/distress advisory, negotiations with creditors for settlements and restructuring, multi-lateral/bi-lateral debt restructuring with lenders, out-of-court restructurings and refinancing, corporate restructuring based on mergers/amalgamation/demergers/hive off/takeover/acquisitions, financial restructuring of debts reorganization through RBI circulars and the Insolvency and Bankruptcy Code, 2016, individual and corporate insolvency, cross-border insolvency, group insolvency, acting as lawyers/advisors to RP/COC/Liquidator, representation before NCLT/NCLAT/High Courts and the Supreme Court of India, formulating resolution plans for prospective Resolution Applicants, verification of claims, due diligence u/s 29A, drafting evaluation matrix, RFRP, analysis of resolution plans in terms of compliance with provisions of IBC 2016, identifying strategic investors/prospective resolution applicants, debt acquisition through Asset Reconstruction Companies/NBFCs, and devising an efficient and viable restructuring model, formal insolvency/liquidation/bankruptcy filing, conducting proceedings before the court (NCLT/DRT) through the Insolvency and Bankruptcy Code, 2016, debt recovery tribunal (DRT) including SAs under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), enforcement of security interest, legal and transactional due diligence, liquidations under IBC 2016 and voluntary liquidations, and facility, security, and credit support reviews for lenders and borrower groups.
INTELLECTUAL PROPERTY
Our team is knowledgeable and passionate about various aspects of intellectual property, including patents, trademarks, and copyrights. We work with our clients to manage and service their intellectual property needs and assets, helping them to create, value, protect, and leverage their IP assets for competitive advantage. We also provide advice and assistance with due diligence for IP acquisition, related agreements, and partnerships or joint ventures.
Our team has experience serving multinational and Indian companies in various sectors and industries, helping them with registered and unregistered IP rights such as trade mark, copyright, designs, domain name registration, patent, licensing, and technology transfer matters, in addition to managing IP portfolios.
We offer guidance and assistance to our clients on a variety of IP issues, including:
- Protection and prosecution of IP rights (patents, trademarks, design rights, copyrights, geographical indications, domain names, proprietary knowhow, and business processes)
- Opposition of trademarks and settlement of trademark infringement disputes
- Advice on protection, licensing, and transfer of trademarks, including convention applications
- IP due diligence, audits, and valuation
- IP acquisition, transfer, and related agreements
- Drafting and negotiating various IP agreements, such as license agreements, assignment deeds, IP development agreements, and work-for-hire agreements
- Representation before various authorities, courts, and forums on issues related to registration and protection of IP rights
- Domain name registrations and maintenance
We also have a robust trademark practice, representing clients in trademark disputes, including domain names, infringement, and other issues. In addition, we offer services in geographical indications, such as due diligence, protection of certification marks, registration, and renewal. Our team has expertise in design law, including filing design applications, renewal, design searches, tracking, protection, and opposing infringement of designs. Finally, we offer legal services related to copyright for various stakeholders in the artistic and creative realm, including registration, prosecution, contracts and agreements, licensing, negotiation, due diligence, compliances, dispute resolution, and enforcement.
LABOUR AND EMPLOYMENT LAWS
The firm provides comprehensive legal advice to both domestic and international clients regarding the intricacies of employment and labour laws, ensuring full compliance with all applicable regulations and provisions. The firm is actively involved in drafting and reviewing various employment documentation and agreements, advising on a wide range of labour law queries, standardizing employment agreements, HR policies and manuals, including structuring employee stock options, transfer of employees, termination, non-compete issues, and more. The firm primarily represents companies and their management in employment-related projects and litigation.
The team offers advice and assistance to clients on a variety of employment-related issues, such as employment strategy and documentation, identifying applicable labour laws, employee benefits and compensation structuring, employee stock options and share plans, company policies, drafting third-party agreements for providing contract labour, labour law advisory services (including retrenchment and termination), employment termination, HR compliance audits, employment litigation (including advice on amicable resolution strategies), non-disclosure agreements, confidentiality agreements, non-compete agreements, downsizing, and compliance with social security legislation.
White collar crime
The law firm possesses extensive experience in handling all types of criminal cases across India, including the Supreme Court of India, High Courts, and District Courts. The team is well-equipped to handle critical aspects and consequences that are involved in criminal litigation. They investigate all angles of a case and provide effective solutions to ensure a fair trial.
CONSUMER LAWS
Sinha & Partners boasts a skilled team of lawyers with vast experience in Consumer Law. Our Consumer Litigation Practice has grown tremendously as service providers have become more accountable for their commitments, and consumers now have more opportunities to have their grievances redressed in a timely manner. We represent a diverse clientele, including individuals, corporate houses, public sector undertakings, and developers, in all aspects of consumer law, from District Forum(s), State Commissions, National Human Rights Commission (NHRC) National Consumer Disputes Redressal Commission (“NCDRC”) to the Hon’ble Supreme Court of India level. We also provide end-to-end solutions to developers and agents under RERA and assist our clients with registration as well as compliances under RERA.
Our team is adept at handling complex consumer litigation across India, with a reputation for skillfully drafting pleadings and successfully defending our clients’ interests. We also offer solicitor services to our clients by engaging and briefing various senior advocates. In recent years, our active consumer practice has made us a leading law firm for consumers across India. We are widely recognized as pioneers in the field of consumer litigation, representing groups/associations of home buyers/public sector undertakings on a pan-India level.
Some of the key services provided by the Firm are:
- Preparation and review of consumer agreements including advise on unfair contracts & unfair trade practices;
- Dispute analysis and opinion on likely outcome;
- Defense and lawsuits over consumer damages disputes;
- Legal advice on all consumer protection issues including product liability issues;
- Warranty claims;
- E-commerce, which has now been included within the ambit of Consumer Protection Act;
- Advise on false or misleading advertisements;
- Settlement of disputes by way of mediation in case there is a possibility of settlement at the stage of admission of complaint or at any later stage, if acceptable to both parties;
- Complete litigation related documentation support;
- Appearance before the relevant Consumer Disputes Redressal Forums.
ENVIRONMENTAL LAWS
Our firm prioritizes environmental interests and provides legal services related to environmental law, including compliances, credits, and grants. Our team specializes in various relevant laws such as the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Biological Diversity, 2002, Indian Forest Act, 1927, and Punjab Land Preservation Act, 1900. We offer guidance to both domestic and international clients on India’s comprehensive environmental laws, such as recycling, hazardous waste management, water and air pollution, forest and timber regulations, and handling of chemicals.
Our team assists clients with regulatory compliances, enforcement actions, and civil litigation related to environmental and natural resources law. We cater to businesses of all sizes, including Fortune 500 companies, sole proprietorships, non-profit organizations, trusts and estates, governmental entities, individuals, and trade associations in litigation, regulatory, and transactional matters. We collaborate with other attorneys and international firms to serve clients with environmental legal issues nationwide.
In addition, we help clients conduct environmental due diligence audits to evaluate environmental risks associated with acquisition of production/manufacturing sites and predevelopment assets in India. We also advise our clients and assist them in coordinating with State Pollution Control Boards (SPCBs), the Central Pollution Control Board (CPCB), and the Central Ministry of Environment, Forests and Climate Change (MoEF&CC). Our team has extensive experience in handling cases with the National Green Tribunal, High Courts, and the Supreme Court of India.
MATRIMONIAL LAWS
Matrimonial disputes are complex and delicate matters that require a specialized team of lawyers. These disputes encompass a wide range of issues such as divorce, maintenance, domestic violence, dowry, and custody cases. Our law firm has dealt with numerous high-profile matrimonial cases, and our team of experienced lawyers is well-equipped to handle such cases.
Divorce is a lengthy and challenging process in India, whether it is through mutual consent or contested divorce. Our lawyers are well-versed in the Hindu Marriage Act, 1955, which enables us to provide tailored solutions to each client based on their specific circumstances. Ancillary matters such as alimony and custody are also given the necessary attention.
Maintenance of spouses and children in cases of divorce is provided for under section 24 of the Hindu Marriage Act, 1955, and section 36 of the Special Marriages Act, 1954. Our lawyers ensure that both parties are treated fairly and that all relevant factors are considered before granting maintenance to either party.
Domestic violence and harassment cases require unique solutions tailored to the circumstances. Our experts have extensive knowledge of the Protection of Women from Domestic Violence Act, 2005, and have successfully handled many high-profile domestic violence cases in India.
Counselling and mediation are essential elements of resolving matrimonial disputes, as these disputes often involve psychological factors such as ego, emotions, and feelings. Our law firm offers mediation and pre-litigation mediation services, which have proven to be effective in resolving disputes, bridging communication gaps, and preserving relationships between parties. Mediation is a confidential process that provides a neutral party to objectively listen to the problems and work towards a solution, all while being cost and time-effective.
POSH LAWS
Our law firm has extensive experience in handling cases related to sexual harassment in the workplace. We strongly believe that all employees, regardless of their position or industry, have the right to work free from any form of sexual misconduct. Therefore, we take such cases very seriously and pursue them with utmost dedication. We understand that litigation involving sexual harassment can be mentally taxing for clients, and hence we take extra care to maintain confidentiality and mutual trust throughout the process.
Our legal team has a thorough understanding of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and has successfully represented clients in such cases across India. We have also assisted various companies in minimizing the risk of sexual harassment at their workplaces by drafting comprehensive sexual harassment policies and conducting training programs for their employees. Our aim is to help create safe, secure, and conducive work environments for women employees.
COMPLIANCE, REGULATORY & DUE DILIGENCE
Our firm has a strong expertise in local and multi-jurisdictional regulations, enabling our lawyers to effectively assist clients with regulatory and compliance matters. We regularly undertake extensive compliance and regulatory work for leading national and international companies, specializing in real estate, environmental, labour, and employment laws.
Our approach is proactive, helping clients identify and manage a broad range of current and future legal and regulatory risks, both strategic and operational. We offer customized advice at all stages of the regulatory process, including obtaining registrations under various local and central laws, incorporation, mergers, and development. In addition, we provide exhaustive legal due diligence services to minimize potential risks for our clients. Our team has the expertise to tackle compliance work in a comprehensive and time-efficient manner to ensure that crucial deadlines are met.
INVENTIVE THINKING
“Through leaderships and the ability to identify nuanced solutions drive us”
ENGENDERING PARTNERSHIPS
“Our deep and long term association with all the stakeholders and clientele demonstrate solidity”
STRENGTHENING BUSINESSES
“Understanding the business of our client is our business”