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Ayan Kumar De

Ayan Kumar De

Partner, Head, International Arbitration, Disputes and Investigations

EXPERIENCE

Ayan is a Partner in the International Arbitration, Disputes and Investigations practice at AKS Partners. His work spans international commercial and investor–state arbitration, cross-border and domestic commercial litigation, and matters of public international law. Educated at King’s College London, he specialises in all forms of international dispute resolution and brings deep experience in complex, high-stakes arbitrations, representing both States and private investors.

His practice is centered on high-value cross-border disputes conducted under the rules of leading arbitral institutions, including ICSID, SCC, LCIA, ICC, PCA, SIAC and UNCITRAL. He has acted across a range of sectors, notably oil and gas, energy, construction, infrastructure and telecommunications. In addition to arbitration, Ayan has substantial experience in commercial litigation, intellectual property disputes and company law, with a strong and versatile advocacy practice across forums.

Prior to joining AKS Partners, Ayan practiced at Fox & Mandal in India and subsequently with leading international law firms in London, including Volterra Fietta and WilmerHale, where he advised on investor–state disputes, international commercial arbitration and public international law.

Alongside his practice, Ayan is actively engaged in academia & thought leadership. His engagements range across teaching, writing and speaking on international arbitration, investment law and public international law. He is the regional contributor for England and Wales for Young ITA and is a member of ASIL, IBA, Young ICCA, Young LCIA, Young MCIA and Young ITA. Ayan also serves as a Visiting Lecturer at National Law University Delhi, where he designed and teaches a specialised course on ‘Investment Law and Investor–State Arbitration: A Practitioner’s Guide’.

Education
  • B.A. LLB (Hons)
  • LLM, International Business Law, King’s College London

Civil & Commercial Litigation | International Arbitration | EPC, Construction & Infrastructure Disputes | Oil & Gas| Energy & Mining | Telecoms | Shareholders disputes |

  • Advocate with the Bar Council of India and the Bar Council of West Bengal, India
  • Associate member of the Bar Association, Delhi High Court.
  • Member of The Incorporated Law Society, High Court, Calcutta
  • Member of the American Society of International Law (ASIL)
  • Member of Young ITA (Centre for American International Law)
  • Member of Young ICSID (World Bank Group)
  • Member of Tashkent International Arbitration Centre (TIAC45) Steering Committee
  • Member of Young LCIA.
  • Member of the International Bar Association (IBA)
  • Member of Young ICCA (International Council for Commercial Arbitration).
  • Member of Young MCIA (Mumbai International Arbitration Centre)
  • Member of AAA-ICDR, Young and International Association.
  • ‘In Abeyance-The Suspension of Indus water Treaty and its consequences’, The Statesman, Part I and Part II.
  • Shifting of Institutional rules in the wake of Emergency Arbitration: An uncharted ‘Twilight Zone’ or Nugatory Grey Area? Jus Mundi.
  • Inaugural Lecture on “Navigating institutional rules: unity in diversity or need for harmonisation”, M.K.B Arbitration Centre, NALSAR, Hyderabad.

DFCCIL; EIL; WBPDCL; AAI; WBMDCL; SPARTAN POKER; EXIDE; NSDL; KRBL

Construction & Infrastructure | EPC & Turnkey Projects | Production Sharing Contracts | Railways Projects | Technology & Telecommunications | Public Procurement| Oil & Gas | Energy & Mining | Shareholders disputes

  • Advising & representing a PSU relating to a multi-million-dollar Singapore-seated ICC construction arbitration involving freight corridors.
  • Advising & representing a PSU relating to a multi-million-dollar London-seated ICC construction arbitration involving railways.
  • Advising & representing a PSU relating to a multi-billion-dollar Singapore-seated design, engineering and construction ICC arbitration.
  • Resisting the enforcement of a foreign award rendered in an India-seated ICC arbitration relating to design & construction arbitration.
  • Advising and representing a manufacturing giant in an Indian seated international arbitration under DIAC and cross-border execution and investigations.
  • Advising and representing Engineers India Ltd (EIL) in an EPC Commercial Arbitration with Haldia Petrochemicals Ltd concerning the setting up of the Haldia Power Plant.
  • Advising on possible BIT violations along with the interplay of commercial arbitration clauses involving transmission grid in the renewable energy sector for a major Southeast Asian country.
  • Advising Dutch and UK oil and gas companies in relation to their multi-billion-dollar investment under the Energy Charter Treaty concerning jurisdictional and substantive protection issues, emergency arbitration under SCC, ICSID and PCA rules.
  • Advising a global American multinational oil and gas company in relation to a multi-million-dollar gas pricing dispute in a prospective LCIA arbitration touching upon issues of contractual interpretation under English law.
  • Advising and representing the investor on the issue of fraudulent evidence, security for costs, and the tribunal’s power to reopen issues viz-a- viz application of res- judicata for an investor-state arbitration under the PCA rules.
  • Advising and representing a global shipping giant concerning its CIF/FOB contract for oil with an eastern European country in a London-seated, multi-million dollar, LMAA arbitration under English law.
  • Advising and representing one of the group owners/partners in a trademark suit concerning ‘Spartan Poker’- India’s leading website for online poker gaming, involving complex questions relating to Gambling Law, Trademark Law, Partnership, and Company Law.
  • Advising and representing India’s largest industry groups, ITC Ltd, concerning a trademark violation suit concerning the “Aashirvaad Atta” brand.
  • Advising and representing Dr Bikash Sinha, an eminent physicist and a Member of the Scientific Advisory Council to the Prime Minister of India, in Probate Proceedings.
  • Advising & representing AAI (Airport Authority of India) in post arbitration challenge of the award under the Arbitration Act involving unilateral appointment.

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