Vipul Agrawal

Partner

Practice Overview

Vipul has a diverse and extensive corporate commercial practice. With vast experience in advisory and advocacy work, his specialization lies in representing clients in high-value commercial disputes, arbitrations (domestic and international), corporate insolvency, and white-collar crimes involving complex business situations.

He has advised and represented some of the most prominent business conglomerates, financial institutions, international organizations, sovereign states, C-suite executives and HNI, across a wide range of industries and sectors, including construction, heavy engineering & infrastructure, real estate, energy & power, government & public policy, transportation, logistics & warehousing, agritech, banking & finance, life sciences, technology, media & entertainment. Vipul is often sought out by General Counsel and Corporate Boards, for his understanding of complex legal issues in contentious as well as non-contentious work concerning domestic and international laws which enables them to efficiently navigate intricate legal landscapes and challenges.

Within his commercial disputes practice, Vipul is regularly engaged by Indian and foreign enterprises to handle domestic and international arbitrations (both ad hoc as well as under institutional rules such as ICC, SIAC, LCIA, DIAC, MCIA, ICA), corporate insolvency proceedings, as well as for representation in litigations before the statutory tribunals, trial and appellate courts in India, including the Supreme Court. As part of his white-collar crime practice, Vipul has advised and acted for businesses, institutions and individuals in relation to investigations conducted by Enforcement Directorate, Central Bureau of Investigation, and Economic Offences Wing, involving allegations of money laundering, bribery & corruption, financial fraud etc. from the investigation stage till the completion of trial.

Beyond his legal practice, Vipul is recognized as a thought leader and sought-after speaker in the field of commercial law and disputes. His expertise has garnered invitations from various academic institutions, regulatory bodies, and professional organizations to share his insights and knowledge for educational and training courses.

Vipul has been recognized as a Future Star by Benchmark Litigation – Asia Pacific in 2023, which underscores his reputation and competence in the legal industry.

Sectors

Expertise

  • Acted for a construction major in an arbitration against the National Highways Authority of India arising out of a Concession Agreement, in a dispute concerning delay, disruption and price escalation.
  • Acted for an infrastructure and construction major in arbitration against a Public Sector Undertaking company in relation to dispute concerning construction of river pile foundations for setting up of transmission lines.
  • Acted for a major real estate developer in the country in an arbitration against the State Government relating to the abortive development of a 1500-hectare township project.
  • Acted for a construction major in arbitration against the Steel Authority of India Limited, under the Rules of Indian Council for Arbitration (ICA).
  • Acted for a leading real estate developer in an arbitration pursuant to an Alliance agreement against an Australian construction major in relation to the construction of a prominent township in Delhi NCR.
  • Acted for a real estate conglomerate in arbitration proceedings against a construction major, in relation to disputes concerning division of assets pursuant to Term-Sheet and Distribution Agreement.
  • Acted for a real estate company in an arbitration against the land-owners in relation to a residential township project.
  • Acted for a construction major in an arbitration against Northern Railways, concerning construction of one of the longest rail-road tunnels in India.
  • Acted for a construction major in an arbitration against a Government of India Undertaking, in relation to contract for construction of Broad-Gauge Railway Line from Jogbani, India to Biratnagar, Nepal.
  • Acted for a construction major in execution proceedings in relation to an arbitral award against the Delhi State Industrial Development Corporation.
  • Acted for India's largest construction company ranked among the world's top five contractors, in disputes before various judicial fora.
  • Acted for a Partnership Firm in setting aside proceedings against a Government of India enterprise, in relation to disputes concerning heavy electrical works & setting up of sub-stations.
  • Acted for a renowned international marketing and advisory company based in India in an arbitration emanating from an exclusive marketing rights agreement, against a global events management company based in the United States.
  • Acted for a UK based company and its Indian Nominee in arbitration proceedings initiated by a Government of India enterprise in respect of stale claims and against a non-signatory to arbitration agreement.
  • Acted for a corporate in an arbitration against a Government of India enterprise, in dispute relating to Inland Transport Services and Cargo handling facilities.
  • Advised a state-owned entity concerning the enforcement of an arbitral award in a European State.
  • Acted for India's leading steam coal importer before the Supreme Court of India against a leading Swiss energy and commodities trader in proceedings concerning the enforcement of a London-seated foreign arbitral award.
  • Advised a leading Indian multi-format retailer on issues of Indian law in a SIAC arbitration with the world's leading technology and e-commerce company.
  • Arbitration between an Indian state-owned power generation corporation and a construction contractor (a joint venture between two construction and engineering majors from Austria and India) concerning a 520 MW Hydropower project.
  • Dispute between a foreign state nuclear corporation and a leading Indian business conglomerate in a Hong Kong seated arbitration.
  • LCIA arbitration between an Indian pharmaceutical major and an Italy-linked global biopharmaceutical company concerning the breach of an exclusive distribution agreement.
  • Two consolidated ad hoc arbitrations between a Singapore based trading company and an Indian manufacturer and supplier of furnace consumables.
  • Two consolidated arbitrations concerning two major expressway construction projects in India.
  • Arbitration between a power & gas major and a Maharatna Government of India Undertaking, in relation to contract for laying of pipelines and associated works for City Gas Distribution Project.
  • Arbitration between a consortium of companies acting as mine developer and operator on the one side and a joint venture of three power generation and mine development companies on the other side, in respect of exploitation and development of coal blocks allotted by the Government of India to the said joint venture.
  • Arbitration in relation to a dispute between the Russian Federation and an Indian company both partners in a Joint Venture formed to develop India’s first Titanium Dioxide Plant and a Special Economic Zone in India.
  • Arbitration between a Special Purpose Vehicle and Highways Authority in relation to a mega highway development project.
  • Arbitration in relation to contract between a Special Purpose Vehicle, tasked with execution of works in hydro-power project, and India’s largest power generation conglomerate, a Maharatna Government of India Undertaking.
  • Arbitration between a Joint Venture and State Authority in relation to contract for affixation of High Security Registration Plates (HSRP) under the Motor Vehicles Act.
  • Arbitration in relation to disputes between a Civil Engineering Construction Company and a limited liability company incorporated under Accelerated Road Development Programme to execute design, engineering, construction, commission, operation and maintenance of a road project.
  • Acted for a corporate in an arbitration against India’s one of the biggest suppliers of dairy products, in relation to disputes concerning a supply contract.
  • Advised a foreign state concerning global enforcement proceedings and execution of a worldwide freezing order.
  • Acted for one of the world’s largest business conglomerates in multiple cases of civil and criminal defamation against various Indian and global media outlets and persons concerning allegedly defamatory and factually incorrect publications.
  • Acted for one of the world’s largest non-profit organizations and its office bearers in civil and criminal defamation proceedings in India.
  • Acted for a former C-suite executive in criminal defamation proceedings against a leading Indian financial services company.
  • Acted for State Chief Commissioner of Bharat Scouts and Guides in a Writ Petition against the Ministry of Youth Affairs & Sports, Government of India in relation to conditions imposed for release of Grant under the National Programme for Youth & Adolescent Development (NPYAD) Scheme.
  • Acted for India’s largest battery manufacturer and supplier in proceedings before the High Court in disputes pertaining to supply contracts.
  • Acted for a sovereign state/head of state in a complex international litigation concerning a mega cross-border fraud and asset tracing, freezing and recovery.
  • Acted for a leading hotel and resorts chain in recovery proceedings against suppliers before various judicial fora.
  • Acted for the Directors and Senior Executives of a leading steam coal importer and supplier in India in criminal proceedings initiated by the Central Bureau of Investigation under the prescriptions of Indian Penal Code and the Prevention of Corruption Act.
  • Acted for an Indian public sector bank in proceedings concerning attachment of mortgaged properties as proceeds of crime by the Enforcement Directorate in India under the anti-money laundering laws.
  • Acted for a C-Suite executive of a Canada and UK-linked Indian financial services company concerning an internal inquiry relating to allegations of professional misconduct and conflict of interest.
  • Acted for a leading real estate lender concerning an internal inquiry initiated against a C-suite executive for allegations of corruption and violation of the employee code of conduct.
  • Acted for the President of one of Asia’s most expensive residential housing societies in a politically sensitive case before the High Court and the Supreme Court of India concerning allegations of a massive real estate fraud.
  • Acted for the Chairman, Director, and Senior Executive of a leading mining and trading company in India in criminal proceedings initiated by the Central Bureau of Investigation concerning allegations of bribery and corruption.
  • Acted for a prominent land aggregator in India in multiple proceedings before various tribunals and courts, including the Supreme Court of India, concerning allegations of money laundering arising from India’s biggest spot exchange scam.
  • Acted for a Dominican HNI in a plea for anticipatory bail before the Supreme Court of India concerning allegations of cross-border cyber and crypto fraud in the United States and India.
  • Acted for the aggrieved investors against a prominent real estate developer facing charges of fraud and cheating in a multi-million-dollar real estate investment fraud case.
  • Advised a prominent UAE-based entrepreneur with interests in finance and manufacturing concerning criminal proceedings emanating from an alleged willful default on a loan facility in India.
  • Acted as special counsel to a court-appointed High-Powered Committee led by a former judge of the Supreme Court of India to investigate a significant case of real estate fraud affecting thousands of investors.
  • Acted for the promoters of one of the largest luxury goods manufacturers in the Middle East in disputes relating to the Family Business Governance Agreement and apportionment of multi-billion-dollar group assets spread worldwide.
  • Advised a leading Indian housing finance company concerning disclosure requirements for listed companies under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.
  • Advised one of the world's leading EPC contractors concerning the imposition of liquidated damages in a turnkey contract for a supercritical thermal plant.
  • Acted for India's leading battery manufacturer in proceedings before the commercial court and the High Court in disputes relating to the invocation of bank guarantee.
  • Acted for one of the busiest airports in India in a significant commercial dispute with airline operators.
  • Advised India's leading construction company concerning the interpretation and application of termination and force majeure clauses in a significant metro construction contract.
  • Acted for a South Africa-linked green technology company in relation to the development of two green sustainable township projects in North-East India.
  • Acted for an Agri-tech company concerning a mega commercial plantation project in Northeast India.
  • Advised an Indian company concerning the acquisition of a South African company’s controlling stake in a prominent beverage company in India.
  • Advised a consortium of investors with interests in hospitality concerning an over USD 800 million purchase bid of an iconic hotel property in New York City from its India-based owners.
  • Advised one of the largest telecom majors in India concerning the Supreme Court of India’s decision on the Adjusted Gross Revenue for levying License fees and Spectrum Usage Charges.
  • Advised a South African entity on issues concerning the acquisition of a majority stake in the Indian subsidiary of a leading Construction & Engineering company engaged in a mega infrastructure development project.
  • Advised a Special Purpose Vehicle (a joint venture between two notable Indian business corporations undertaking a major road development project) on a commercial dispute with the state regarding the interpretation of the concession agreement and revenue sharing from toll collection.
  • Acted for a leading real estate developer in Northern India in proceedings before various courts and tribunals in disputes on the sale and auction of one of the most expensive commercial real estates in central Delhi.
  • Joint Venture dispute between a real estate major and a leading retail and hospitality company.
  • Acted for a religious trust on issues concerning breach of construction contract by a leading Indian construction and engineering contractor in relation to the construction of the world's tallest religious skyscraper.
  • Advisory concerning impact on a group of companies with regard to liability of a term loan taken by an Educational Trust from Housing and Urban Development Corporation, wherein the Trustees are the same as promoters and shareholders of said group of companies.
  • Advisory concerning possibility of prosecution being initiated by various Investigative Agencies in India based on the information received by Indian Tax Authorities from the Swiss Authorities pursuant to Automatic Exchange of Information (AEOI) under the Double Taxation Avoidance Agreement (DTAA) and Multilateral Convention on Mutual Administrative Assistance in Tax Matters (MAAC).
  • Advisory to a renowned real estate developer pertaining to legitimacy of objections raised by Civil Aviation Authorities with regard to height restrictions applicable to the project, despite clearance granted by Municipal Authorities.
  • Advised a Maharatna Government of India Undertaking on the issue concerning legitimacy of demands raised by Department of Telecommunication pursuant to recent Supreme Court judgment fastening substantial liability on Telecom Service Providers in relation to License Fees, levy of interest and penalty, and its application to the querist’s case thereof.
  • Acted for ex-director of a Corporate Debtor in issues concerning Section 29A of IBC, prohibiting Acted for a corporate in initiating Corporate Insolvency Resolution Process as an Operational Creditor before the NCLT and NCLAT.
  • Acted for a leading housing bank concerning enforcement of a financial debt before the National Company Law Tribunal.
  • Advised the resolution professional of an infrastructure major in India undergoing corporate insolvency concerning the admission of claims by creditors.
  • Advised a leading asset reconstruction company on various issues concerning debt enforcement and corporate insolvency.
  • Acted for a HNI against a Corporate Debtor in issues concerning applicability of provisions of Insolvency & Bankruptcy Code to Leave & License Agreements.
  • Advised a consortium member of a Successful Resolution Application in allegations against the Resolution Professional during the implementation of Resolution Plan.
  • Advised a Resolution Professional on issues of shareholding and reconstitution of Committee of Creditors during Corporate Insolvency Resolution Process, in light of Orders passed by Adjudicating Authority.
  • Acted in a petition seeking special leave to appeal before the Supreme Court of India in a case impugning a decision of the High Court on the administrative side concerning a court staff.
  • Acted for a public charitable trust running the world’s biggest free school lunch programme in matters pertaining to government contracts before the Delhi High Court and the Supreme Court of India.
  • Advised on legal and policy issues on the Mid-Day Meal scheme (free school lunch) under the National Food Security Act, including successful representation on behalf of a leading non-profit in the sector before the government authorities on significant policy issues impacting over 2 million school-going children in India.
  • Special Counsel to a Supreme Court-appointed High-Powered Committee led by a former judge of the Supreme Court of India for dealing with issues concerning the transfer and import of captive wild animals in India.

Education & Training

  • Dual Bachelors in Law & Humanities
  • CIArb Accelerated Route to Membership (MCIArb Grade)
  • CIArb Certificate Course on Introduction to Arbitration (ACIArb Grade)

Bar Admission & Membership

  • Advocate, Bar Council of Delhi
  • Member, Supreme Court Bar Association
  • Member, Delhi High Court Bar Association
  • Member, International Bar Association
  • Member, Chartered Institute of Arbitrators, UK

“Vipul Agrawal is very results-oriented. His in-depth knowledge of various areas of law and insights into the interplay of various commercial laws are very impressive. He is very precise and yet convincing in his arguments and that’s why he was able to win in the arbitration and the appeal.” - Benchmark Litigation Asia Pacific, 2023

“Vipul is a bright young mind who brings fresh ideas to the table in any adverse situation. He has excellent research skills and is an eloquent counsel while arguing any case. He is sharp and can think on his feet and his confidence is quite praiseworthy.” - Benchmark Litigation Asia Pacific, 2023

“Vipul is undoubtedly a rising star at the commercial and construction law bar. He is stupendously talented, a master strategist and a charming advocate.” - Benchmark Litigation Asia Pacific, 2023

“Vipul’s ability to provide innovative solutions to any problem is unmatched. Even when backed up against a wall in any given situation, he is able to come up with creative strategies and novel legal arguments which have worked well for us in many tough litigations. …He listens keenly and is very humble and polite during our case preparation conferences and yet so assertive and charmingly persuasive before courts and arbitration tribunals.” - Benchmark Litigation Asia Pacific, 2023

Sectors