Vivek Kapoor

Year of call:
2018
Email:
Vivek.Kapoor@39essex.com

Clerks:
+44 (0)20 7832 1111

“Vivek Kapoor … is an excellent litigator, is always well prepared and has an excellent grasp of facts and law.”
The Legal 500 2020

Year of call: 2008 (India) 2018 (England & Wales) 2022 (DIFC)

Vivek Kapoor is an experienced advocate and arbitrator specialising in complex commercial disputes and investor-state disputes. He has particular expertise in multi-jurisdictional disputes arising from energy and natural resources, infrastructure and construction, banking and financial services, and technology sectors.

He is recognised by independent legal directories in the field of International Arbitration and Public International Law. Vivek featured in the inaugural Legal 500 International Arbitration Powerlist, which listed 200 of the UK’s leading arbitration practitioners working in law firms and at the Bar.

Vivek has full rights of audience in England & Wales, India, and Dubai International Financial Centre. His substantial practice is as counsel in international arbitration and before the English and Indian Courts.

Vivek has a wide-ranging practice in the field of international arbitration. He has acted in arbitrations under a wide variety of international arbitration rules including ICSID, ICC, LCIA, SIAC, UNCITRAL, and ad-hoc arrangements. He has experience of arbitration applications before various international courts, including challenges to awards and enforcement under the New York Convention. He also regularly acts as arbitrator in ad-hoc and institutional arbitrations.

Prior to joining 39 Essex Chambers, Vivek spent a number of years in private practice with leading international law firms in London and Singapore, before which he practised at the Bar. He has lived and worked in UK, US, Singapore, and India.

International Arbitration


Acted for a leading infrastructure company in a dispute under a Bilateral Investment Treaty against a South Asian State arising from the establishment of two power projects.

Acted for an investor in a dispute under a Bilateral Investment Treaty against a CIS State arising from the direct expropriation of a mining project.

UNCITRAL Arbitration – Acted for an investor in a dispute against a CIS State under the State’s Foreign Investment Law arising from the breach of the fair and equitable standard and indirect expropriation of a mining project.

SIAC Arbitration – Acting for a defence contractor against a South Asian State in a dispute arising out of the establishment of a major defence project in the State.

LCIA Arbitration – Acted for the former head of FX trading of a prominent British multinational bank in an insurance coverage dispute relating to ongoing DOJ, SEC and FCA investigations.

Singapore-seated ad-hoc Arbitration – Acted for a real-estate conglomerate in a joint venture dispute related to a major real estate project in east India.

LCIA Arbitration – Acted for a metals conglomerate in dispute against a Middle-Eastern state-owned entity over non-performance of agreement for the supply of coal.

LCIA Arbitration – Acted for a metals conglomerate in dispute against a mining company arising from a mining project in Brazil.

LCIA Arbitration – Sole Arbitrator in a telecom services dispute.

SIAC Arbitration – Acted for a mining company in a dispute against a prominent commodity trader over the impact of regulatory changes in Indonesia’s mining sector on parties’ obligations under long-term agreements for the supply of coal.

ICC Arbitration – Acted for a sub-contractor in a dispute with the main contractor in relation to civil works at a gas exploration site in South Asia.

ICC Arbitration – Acted for a fund manager in a dispute over management of a telecom asset-focussed fund with assets in Eastern Africa.

ICC Arbitration – Acted for an engineering subcontractor against the contractor in a dispute pertaining to the design and engineering works forming part of the development of an oil field in West Asia.

Singapore-seated ad-hoc Arbitration – Acted for a prominent metals company in a dispute against a South East Asian state-owned transport corporation arising from a transport agreement.

International Litigation


Acted for Indonesian state-controlled natural gas corporation PT Perusahaan Gas Negara (Persero) in the much controvertible setting aside proceedings in Singapore before the Court of Appeal and High Court, arising out of an ongoing ICC arbitration regarding a major gas pipeline project in Indonesia. Seminal case in the interpretation of the dispute resolution process under the FIDIC Red Book (1999), and prompted FIDIC Guidance Memorandum dated 1st April 2013.

Acted for PepsiCo India in proceedings against the Indian state of Punjab before the Punjab & Haryana High Court in a matter pertaining to arbitrary withdrawal of tax concessions awarded to the corporation for the setting up of three manufacturing units in Punjab.

Acted for a group of major FMCG companies and trade bodies before the Supreme Court of India in a petition seeking judicial review of a new environmental regulation with a possible multi-billion dollar exposure to the entire FMCG industry in India.

Acted for PepsiCo India before the Punjab and Haryana High Court in a series of litigations arising out of a dispute with the Indian state of Punjab over the imposition of market fee on agricultural procurement in the state.

Acted for PepsiCo India in a dispute involving the classification and tax incidence of Lays chips before the Uttarakhand High Court, Patna High Court and Bihar State Tax tribunal.

Commercial


LCIA Arbitration – Acted for the former head of FX trading of a prominent British multinational bank in an insurance coverage dispute relating to ongoing DOJ, SEC and FCA investigations.

ICC Arbitration – Acted for a fund manager in a dispute over management of a telecom asset-focussed fund with assets in Eastern Africa.

Singapore-seated ad-hoc – Acted for a real-estate conglomerate in a joint venture dispute related to a major real estate project in east India.

LCIA Arbitration – Acted for a metals conglomerate in dispute against a Middle-Eastern state-owned entity over non-performance of agreement for the supply of coal.

LCIA Arbitration – Acted for a metals conglomerate in dispute against a mining company arising from a mining project in Brazil.

LCIA Arbitration – Sole Arbitrator in a telecom services dispute.

SIAC Arbitration – Acted for a mining company in a dispute against a prominent commodity trader over the impact of regulatory changes in Indonesia’s mining sector on parties’ obligations under long-term agreements for the supply of coal.

Advised an UHNI on a dispute arising from a share purchase agreement for the sale of a construction conglomerate.

Acted for a media corporation in a dispute concerning the broadcasting rights in Indonesia of a premier international sporting event.

Construction


ICC Arbitration – Acted for a sub-contractor in a dispute with the main contractor in relation to civil works at a gas exploration site in South Asia.

ICC Arbitration – Acted for an engineering subcontractor against the contractor in a dispute pertaining to the design and engineering works forming part of the development of an oil field in West Asia.

Acted for a private equity firm in a dispute over development of a real estate project in Moscow.

Advised state-owned engineering corporation in a dispute over refurbishment works of hydroelectric power plant in West Asia.

Acted for Indonesian state-owned natural gas company PT Perusahaan Gas Negara (Persero) in the much controvertible setting aside proceedings in Singapore before the Court of Appeal and High Court, arising out of an ongoing ICC arbitration regarding a major gas pipeline project in Indonesia. Seminal case in the interpretation of the dispute resolution process under the FIDIC Red Book (1999), and prompted FIDIC Guidance Memorandum dated 1st April 2013.

Energy & Natural Resources


Vivek has extensive expertise of disputes arising from the energy and natural resources sectors. He has acted and advised in disputes related to oil and gas, renewables, nuclear, electricity and thermal power, energy transition technologies, water, mining, and commodities (minerals and petrochemicals). He acts for and advises a broad spectrum of clients in the energy and natural resources sector – sovereign states, state-owned companies, developers, public and private utilities, independent power producers, energy tech companies, investors and lenders.

Vivek also works extensively in the Infrastructure and Construction sector and has experience of infrastructure-related disputes in the energy and natural resources sectors.

Public International Law


Vivek has been instructed by States and private entities on both contentious and non-contentious public international law related issues. He is regularly instructed in matters related to the protection of international investment under bilateral investment treaties, free trade agreements, and investor-state and concession contracts.

He advises on restructuring of investments to provide treaty protections, treaty interpretation, sovereign immunity, state succession, state sovereignty over natural resources, state responsibility for actions of public authorities, and international sanctions. He has also advised on civil liberties and human rights in the context of commercial disputes involving States and State entities.

Call +44 (0)20 7832 1111 for more information

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