Brus Chambers, Solicitors, a
full-service law firm internationally reputed for its prowess in dispute
resolution, commands a leading position in the field of Commercial Arbitration
and Litigation. The firms dispute resolution practice encompasses the entire
spectrum of contractual, corporate, and commercial disputes across all sectors
and jurisdictions. It is widely regarded as both aggressive in adversarial
proceedings and equally adept at facilitating pragmatic, out-of-court
settlements that prioritize the commercial objectives of its clients.
I.
General Overview of the Practice
As a boutique yet
full-spectrum law firm, Brus Chambers contractual and commercial dispute
resolution forms one of its core areas of specialization. The firms practice
is characterised by an unwavering focus on client-centric strategy, which
combines robust litigation where necessary with alternative mechanisms of
dispute resolution, particularly arbitration and negotiation, wherever such
routes are advisable and commercially prudent.
Brus Chambers is
distinguished in the legal industry for its ability to render result-oriented
legal solutions in contentious commercial matters. With a practice that extends
across virtually all commercial sectorsincluding but not limited to shipping,
oil, gas, energy, infrastructure, construction, finance, insurance,
international trade, and maritime lawthe firm has successfully represented
domestic and international clients in proceedings arising out of breach of
contracts, tortious claims, statutory obligations, and regulatory disputes.
II.
Team Composition and Expertise
The Commercial Arbitration
and Litigation practice is jointly spearheaded by Dr.
Shrikant Hathi, Managing and Practicing Partner of the firm, and Ms.
Binita Hathi, Senior Partner. They bring decades of cumulative
experience in handling high-stakes commercial disputes across forums. Working
closely alongside them is a team of litigation and arbitration specialists,
comprising:
-
Ms.
Joni Oraon Legal Analyst and Specialist in international
shipping arbitrations and cross-border dispute resolution.
-
Mr.
Pritish Das Specialist in infrastructure and civil disputes,
with expertise in commercial litigation and high court practice.
-
Ms.
Poonam Sharma Baloni Advocate with extensive experience in
appellate litigation and civil matters.
-
Mr.
Vidya Bose Senior associate skilled in handling trial and
interlocutory phases of commercial disputes.
-
Ms.
Anamika Ganguly Associate with core focus on contractual
disputes and arbitration proceedings.
-
Mr.
Tanuj Agarwal Head of the Supreme Court Litigation Practice and
Advocate-on-Record with domain expertise in constitutional and commercial
appellate practice.
-
Mr.
Uttam Hathi Counsel and advisor in complex commercial
negotiations and alternative dispute resolution.
This integrated team of
professionals ensures that clients benefit from multidisciplinary perspectives
and a depth of experience across litigation, arbitration, and negotiated
settlements.
III.
Commercial Arbitration Practice
1.
Domestic and International Arbitration
Brus Chambers has
consistently been at the forefront of both domestic and international
arbitration. The firm has appeared in arbitrations seated within India and
abroad, including those administered by leading arbitral institutions and in ad
hoc proceedings governed by various national and international laws.
Brus Chambers has
represented transnational corporations, public sector undertakings, sovereign
entities, infrastructure developers, EPC contractors, oil and gas majors, and
high-value investors in complex international commercial arbitrations. The firm
is proficient in arbitrations conducted under the auspices of:
-
International
Chamber of Commerce (ICC)
-
London
Court of International Arbitration (LCIA)
-
Singapore
International Arbitration Centre (SIAC)
-
Hong
Kong International Arbitration Centre (HKIAC)
-
Stockholm
Chamber of Commerce (SCC)
-
Dubai
International Arbitration Centre (DIAC)
-
International
Centre for Settlement of Investment Disputes (ICSID)
-
American
Arbitration Association / International Centre for Dispute Resolution
(AAA/ICDR)
-
UNCITRAL
Rules
-
Mumbai
Centre for International Arbitration (MCIA)
-
Indian
Council of Arbitration (ICA)
-
Delhi
International Arbitration Centre (DIAC, India)
-
Ad
hoc proceedings governed by Arbitration and Conciliation Act, 1996 (India),
or by applicable foreign laws
The firms arbitration
expertise spans a broad spectrum of commercial disputes, including cross-border
infrastructure contracts, joint venture agreements, EPC disputes, maritime and
shipping contracts, energy supply contracts, and shareholder disputes.
2.
Global Coordination and Sector-Specific Strengths
Brus Chambers has forged
affiliations with reputed law firms across Europe, the Americas, Middle East,
Southeast Asia, and Africa, enabling it to effectively structure multinational
legal teams for international arbitrations where applicable law or seat of
arbitration lies outside India.
The firm frequently acts as
lead or co-counsel in international proceedings, providing seamless integration
between Indian law and foreign procedures. The firms expertise is especially
pronounced in construction arbitrations under FIDIC and bespoke contracts,
energy sector disputes, shipbuilding and repair arbitrations, charterparty
arbitrations, and commodity trade disputes.
Brus Chambers also provides
strategic advisory on arbitration-related litigation, including anti-arbitration
injunctions, interim measures, appointment of arbitrators, enforcement of
foreign awards under the New York Convention, and setting aside proceedings.
3.
Alternative Dispute Resolution (ADR)
The firms attorneys are
well-versed in a range of ADR mechanisms such as mediation, expert
determination, conciliation, and Dispute Adjudication Boards (DABs). In complex
disputes involving sovereign entities or government undertakings, the firm has
advised and represented parties before international DABs and multi-tier dispute
resolution procedures contractually agreed upon under public-private partnership
and government procurement contracts.
Brus Chambers is frequently
retained to advise clients at the pre-dispute stage to develop ADR-friendly
contract clauses and dispute escalation frameworks to mitigate potential
adversarial proceedings.
IV.
Commercial Litigation Practice
1.
Pan-India Litigation
Brus Chambers' Commercial
Litigation Practice has a strong foothold across all major commercial
jurisdictions in India, including:
-
The
High Courts of Bombay,
Delhi, Calcutta, Madras, Karnataka, Gujarat, Andhra Pradesh, Telangana, and
Kerala;
-
District
and Civil Courts in commercial hubs and port cities;
-
Commercial
Division of the High Courts constituted under the Commercial Courts
Act, 2015;
-
Tribunals
such as NCLT, NCLAT, DRT, DRAT, and SAT;
-
Admiralty
Jurisdiction of High Courts;
-
Arbitration-related
proceedings under Part I and II of the Arbitration and Conciliation
Act, 1996;
-
Company
law, insolvency and bankruptcy disputes, regulatory challenges, and
shareholder oppression matters.
The firm handles a diverse
range of commercial disputes including breach of contract, specific performance,
injunctions, debt recovery, enforcement of security, regulatory action,
shareholder disputes, and post-arbitral award enforcement or resistance
proceedings.
2.
Key Sectors
While the firms
commercial litigation portfolio spans all sectors, its dominance is most
established in the following:
-
Shipping
& Maritime Law: Admiralty claims, arrest and release of
vessels, crew wage and personal injury claims, marine insurance disputes.
-
Infrastructure
and Construction: Delays, disruption, variations, and
termination-related claims in road, port, airport, and metro rail projects.
-
Oil,
Gas & Energy: Disputes in oil supply contracts, LNG off-take,
EPC contracts, refinery construction, and renewables.
-
Insurance:
Disputes arising under P&I policies, hull and machinery coverage,
reinsurance claims, and subrogation recovery.
V.
Supreme Court of India Litigation
Brus Chambers is registered
as an Advocate-on-Record (AOR) firm before the Supreme Court of India. This
allows the firm to directly file and conduct proceedings in the apex court
without relying on external AORs, giving it complete control over case strategy,
filings, and oral arguments.
The Supreme Court practice
is led by Mr. Tanuj Agarwal,
an Advocate-on-Record and appellate litigation specialist. He is supported by Dr.
Shrikant Hathi, Ms. Binita
Hathi, Ms. Poonam Sharma,
and Ms. Joni Oraon. Together,
the team handles a robust caseload involving appeals, petitions, and
constitutional matters.
Nature
of Proceedings Handled
Brus Chambers handles a
broad range of proceedings before the Supreme Court, including:
-
Special
Leave Petitions (SLPs)
-
Civil
and Criminal Appeals
-
Writ
Petitions (Article 32)
-
Public
Interest Litigations (PILs)
-
Review
and Curative Petitions
-
Transfer
Petitions (Civil and Criminal)
-
Original
Suits under Article 131 (Inter-state disputes)
-
Election
Petitions
-
Arbitration
Petitions under Section 11 and 34
-
Miscellaneous
Interim Applications and Bail Petitions
-
Habeas
Corpus Petitions
-
Jail
Petitions
The firms Supreme
Court team is known for developing innovative legal strategies, particularly in
the context of arbitration-related litigation, constitutional questions arising
from commercial laws, and judicial review of regulatory decisions impacting
commercial entities.
VI.
Practical and Commercially-Driven Approach
At every stage, Brus
Chambers adopts a practical, legally-sound, and commercially viable approach.
The team conducts a meticulous analysis of the facts and legal framework before
advising clients on the most appropriate dispute resolution pathway. In
situations where aggressive litigation is necessary to protect client interests,
the firm is known to litigate with precision, urgency, and resolve.
Conversely, where a
cost-efficient and time-sensitive resolution is feasible, the firm actively
encourages negotiation and mediation. Its dual reputationaggressive when
necessary, conciliatory when strategicmakes Brus Chambers a preferred choice
for corporations, high-net-worth individuals, and international clients
navigating high-value commercial disputes.
VII.
International Recognition and Industry Reputation
Brus Chambers
arbitration and litigation practice has received consistent recognition in
global legal directories, including The Legal 500, Chambers and Partners, and
IFLR. The firm is ranked as a Leading Law Firm in arbitration and commercial
litigation, with several of its partners and associates recognized as Leading
Individuals or Recommended Lawyers in their respective domains.
Clients value the firm
for its rapid response times, commercially savvy counsel, and ability to deliver
enforceable results in complex, high-value disputes. The firms experience in
foreign-seated arbitrations and foreign law issues also adds a unique dimension
to its offering, particularly in cross-border project and infrastructure
disputes.
Brus Chambers offers a
seamless, end-to-end dispute resolution service that combines deep litigation
expertise with strategic arbitration and settlement capabilities. Whether in the
High Courts of India, before an arbitral tribunal seated in Paris or Singapore,
or at the Supreme Court of India, the firm brings its trademark commitment to
excellence, responsiveness, and commercial sense to every matter it undertakes.