Abhishek Ghai

Overview

Abhishek Ghai is a Partner with a broad disputes and advisory practice spanning commercial litigation, domestic and international arbitration, white-collar crime, indirect taxation, foreign trade, constitutional law, intellectual property, corporate and commercial matters, and technology-related disputes.

He has represented leading domestic and international clients, including government entities, public sector undertakings, listed companies, investors, promoters, and high-net-worth individuals, in complex and high-value proceedings before courts and arbitral tribunals.

His experience includes advising on cross-border transactions, shareholder and investment disputes, company formation and ongoing corporate maintenance, subsidiary establishment, leasing and structuring, real estate and property conveyancing, indirect tax issues, and foreign trade matters.

Abhishek represented the Central Government for nearly three years in high-value and sensitive matters involving white-collar crime, policy issues, treaty investment disputes, and enforcement proceedings.

Abhishek combines courtroom experience with commercial insight, enabling him to advise clients on both contentious proceedings and risk-sensitive business decisions.

Experience Statement

• Technology investment dispute | SIAC Arbitration: Advising and representing a global publicly listed technology company in disputes arising from its investment in a technology start-up.
• International energy arbitration | LCIA Arbitration: Advised and assisted India’s state-owned gas enterprise in a USD 4 Billion international energy arbitration arising from Russian sanctions.
• Infrastructure and hydropower disputes: Represented India’s largest hydropower development organisation in arbitral disputes arising from major hydropower projects.
• Shareholder and investment dispute: Representing a Singapore-based investor in disputes relating to consumer engagement, acquisitions, mobile advertising transactions, and investments in a start-up operating in the Digital Out-of-Home (DOOH) and Connected TV (CTV) space.
• SFIO investigation advisory: Advised the promoters of an Indian conglomerate in connection with an investigation initiated by the Serious Fraud Investigation Office (SFIO).
• Direct-to-Home licensing and regulatory dispute: Advising and representing a leading Direct-to-Home (DTH) service provider in a complex licensing matter before the relevant ministry, various High Courts, and the Supreme Court of India.
• Aircel-Maxis / 2G Spectrum proceedings: Represented Mr. Kalanithi Maran and Sun Direct TV Private Limited, along with the team, in proceedings before the Delhi High Court and the Supreme Court of India arising from the widely reported Aircel-Maxis transactions and related 2G Spectrum matters. The proceedings involved allegations investigated by the Central Bureau of Investigation against a former Minister of Communications & Information Technology, Mr. Dayanidhi Maran, Sun Direct TV Private Limited, Mr. Kalanithi Maran, and certain foreign companies, relating to alleged delays in the grant of telecom licenses, the acquisition of Aircel, and alleged receipt of illegal gratification in the form of share premium from Mauritius-based entities.
• Panama and Pandora Papers matters: Advised and successfully represented individuals named in the Panama and Pandora Papers in criminal prosecution proceedings initiated by the Income Tax Department.
• White-collar and criminal investigations: Advises and represents corporations and individuals in criminal investigations and prosecution proceedings under the Income Tax Act, 1961; Black Money Act, 2015; Prevention of Money Laundering Act, 2002; Prevention of Corruption Act, 1988; Companies Act, 2013; and Indian Penal Code, 1860.
• Private equity shareholder disputes | LCIA Arbitration: Handled two multi-million-dollar international arbitrations seated in Geneva and administered by the London Court of International Arbitration, arising from disputes between a private equity investor and a majority shareholder/promoter in the FMCG sector. Abhishek and his team represented and advised the client before LCIA tribunals and in related proceedings across England, Mauritius, the Cayman Islands, Luxembourg, Dubai, and India. The matters involved complex issues relating to enforceability of drag-along clauses, implied obligations of good faith, value destruction, non-compete obligations, directors’ fiduciary duties, corporate governance, shareholder obligations, and company law across multiple legal systems.