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Ashish Chugh

Partner
+65.6507.8118
Fax +65.6507.8111
 Mr. Chugh is a partner in the Singapore office and his practice focuses on international commercial arbitration, investment treaty arbitration and cross-border commercial disputes, particularly arising in Asia. He is qualified to practice law in England & Wales, India, New York and Singapore and has represented numerous parties with respect to disputes across wide-ranging industries including aviation, commodities, construction, hospitality, joint ventures, office stationery, oil and gas, power and telecommunications. Mr. Chugh has broad experience in the conduct of international arbitrations with seats in Dubai, Hong Kong, India, Kuala Lumpur, London, New York and Singapore under a variety of ad hoc and institutional arbitration rules, including DIFC-LCIA, HKIAC, ICC, KLRCA, LCIA, SIAC and UNCITRAL. Whilst his practice focuses on international commercial dispute resolution, he also has considerable experience supervising, coordinating and managing complex court-based commercial litigation in a wide number of countries in the Asia Pacific region in addition to assisting in the conduct of internal corporate investigations regarding corruption-related matters.

He regularly speaks on topical dispute resolution issues at conferences, events and in-house client seminars throughout Asia, and in particular India. Besides counsel work, Mr. Chugh also receives arbitrator appointments.

Mr. Chugh has been recognised in the 2017 edition of Legal 500 as a key practitioner for the firm in the area of international arbitration in Singapore and as one of India’s Most Trusted Corporate Lawyers by the Indian Corporate Counsel Association (ICCA) in its publication "The Vanguards - Trusted Corporate Lawyers” (2017). He was also appointed by the Board of Directors of the Singapore International Mediation Centre (SIMC) as a Member of the Users Council in 2017.

Professional Background

Mr. Chugh started his career in the chambers of a distinguished former Solicitor-General of India in New Delhi, India. He completed his pupillage from a leading set of barristers’ chambers in London which specialises in international arbitration and complex commercial litigation. Previously, he worked as a senior foreign lawyer in the international arbitration group of a leading local firm in Singapore.

Professional/Civic Activities

  • Advocate & Solicitor, Supreme Court of Singapore (Singapore, 2014)
  • Barrister-at-Law (Inner Temple) (England & Wales, 2009) (non practising)
  • Attorney and Counsellor-at-Law, State of New York (U.S.A., 2009)
  • Advocate, Delhi Bar Council (India, 2003) 
     
ENERGY, INFRASTRUCTURE AND NATURAL RESOURCES DISPUTES
  • Acting for the subsidiaries of a PRC state-owned oil company against an Indonesian operator and its affiliate in relation to claims in excess of US$100 million arising under a production sharing contract and joint operating agreement for the development of an oil block in Indonesia. The arbitration is seated in New York under the ICDR Rules.
  • Acted for an Indian state-owned enterprise in relation to claims in excess of US$10 million arising from alleged non-delivery of coal shipments and additional operational breaches on a 2 x 600MW coal-fired power plant project in India against a major global commodities supplier. The arbitration was seated in Singapore under the SIAC Rules.
  • Acted for a PRC state-owned enterprise in relation to claims arising from unpaid baseline and variation works, delays as well as the alleged wrongful termination of employment in relation to its role as an EPC contractor on a 3x 660MW coal-fired power plant project in India against a major Indian energy company. The value of the dispute was in excess of US$1.2 billion. The arbitration was an ad-hoc arbitration in Singapore.
  • Acted for a Malaysian EPC contractor in relation to a variety of contractual claims in excess of US$3 million arising from engineering works conducted at the behest of a leading shipyard based in the UAE concerning the procurement and delivery of a FPSO by an EPC conversion contract. The arbitration was seated in Dubai under the DIAC Rules.
  • Acted in the first Emergency Arbitrator proceedings under the SIAC Rules for a global dredging company against a leading Indian construction company in relation to claims in excess of € 70 million due to escalation costs incurred in completing dredging works at a major port in eastern India.
  • Acted for a French solar generation manufacturer against a Chinese solar energy retailer in relation to claims in excess of US$15 million arising from a contract for the shipment of solar generation equipment and commissioning services. The arbitration was seated in Singapore under the ICC Rules.
  • Assisted in drafting expert evidence on Indian law on behalf of the Tamil Nadu Electricity Board in an application under Section 72 of the English Arbitration Act, 1996 in the Commercial Court in London. The issue concerned the arbitrability of the final capital costs of a 250 MW lignite-fired power plant located at Neyveli, Tamil Nadu (reported as Tamil Nadu Electricity Board v ST-CMS Electric Company [2008] 1 Lloyd’s Rep 93 per Cooke J.).

DISPUTES CONCERNING TERMINATION OF COMMERCIAL CONTRACTS
  • Acting for a leading agricultural equipment company in relation to claims of approximately US$10 million arising from the termination of a dealer agreement on account of the fraud and corruption committed by its agent in Indonesia. The consolidated arbitrations are seated in Singapore under the SIAC Rules.
  • Advising a subsidiary of a major Indian renewable energy supplier in relation to claims of approximately US$5 million arising from the wrongful termination of the concession agreement with the Government of Maldives. The agreement provides for arbitration seated in Singapore under the ICC Rules.
  • Acted for the exclusive European agent of a global rubber trading company in relation to claims in excess of €50 million following the termination of the exclusive agency agreement. The arbitration was seated in Singapore under the SIAC Rules.
  • Acted for a leading Hong Kong office stationery supplier in relation to claims made by its U.S. and European distributors in excess of US$100 million following the termination of a global distribution and supply agreement. The arbitration was seated in Singapore under the SIAC Rules.
  • Acted for a leading Indian software licensing company in relation to claims for unpaid fees and royalties in excess of US$5 million following the termination of a licence agreement with a leading financial institution in Vietnam. The arbitration was seated in Singapore under the ICC Rules.
  • Acted for a major Chinese printing and packaging manufacturer in relation to claims made against a leading German financial institution in excess of US$20 million following the termination of the senior and convertible loan agreements. The arbitration was seated in Hong Kong under the ICC Rules.
  • Acted for a global software payment solution provider against its Indian distributor with respect to claims in excess of US$15 million concerning contractual breaches and wrongful termination of a distributorship agreement. The arbitration was seated in Singapore under the SIAC Rules.

DISPUTES CONCERNING FRAUD AND CORRUPTION
  • Acting for a leading agricultural equipment company in relation to claims of approximately US$10 million arising from the termination of a dealer agreement on account of the fraud and corruption committed by its agent in Indonesia. The consolidated arbitrations are seated in Singapore under the SIAC Rules.
  • Assisting in the conduct of an internal investigation for a South East Asia-based, publicly-traded, global manufacturer of marine and offshore integrated solutions into allegations of corrupt payments to government officials and others in Brazil, in connection with “Operation Car Wash” as well as advising on the restructuring of the corporate affairs of the group of companies.
  • Acted for an international school company in relation to the enforcement of a SIAC arbitral award exceeding US$60 million in addition to disputes concerning allegations of fraud and conspiracy levelled against a leading global private equity and asset management firm, which were dealt with and resolved by mediation under the SIMC Rules.

COMMODITIES DISPUTES
  • Acting for a leading Indian commodities trader in five arbitrations in relation to claims in excess of US$10 million arising from the repudiation of contracts for the sale of iron ore to a Chinese purchaser. The arbitrations are seated in Hong Kong under the HKIAC Rules.
  • Acted for a major carbon black manufacturer based in India in relation to claims in excess of US$5 million following the repudiation of an agreement for the supply of carbon black oil to a Chinese purchaser. The arbitration was seated in Singapore under the SIAC Rules.
  • Acted for a state-owned Indonesian trading consortium in relation to claims in excess of US$10 million following the repudiation of contracts for the supply of coal to a Chinese purchaser. The arbitration was seated in Singapore under the SIAC Rules.
  • Acted for a Thai coal distributor in relation to contractual breaches committed by an Indonesian coal vendor under a coal purchase and supply contract. The value of the dispute was in excess of US$5 million and the arbitration was seated in Singapore under the SIAC Rules.

INTELLECTUAL PROPERTY DISPUTES 
  •  Advising a U.S. biotech company which produces oncology pharmaceutical products in relation to potential claims in excess of US$5 million arising from the cancellation of a work order and termination of a master service agreement by a leading Indian contract research and manufacturing organisation. 
  •  Advising a molecular diagnostics and life sciences company based in Singapore in relation to potential claims in excess of US$10 million arising from a licence agreement with the research department of a leading UK university.
  • Acted for a leading Indian software licensing company in relation to claims for unpaid fees and royalties in excess of US$5 million following the termination of a licence agreement with a leading financial institution in Vietnam. The arbitration was seated in Singapore under the ICC Rules.
  • Acted for a major Hong Kong office stationery supplier against a German file manufacturer in relation to claims in excess of US$10 million for unpaid fees and royalties under an assignment of a patent license agreement. The arbitration was seated in Hong Kong under the ICC Rules.

INVESTMENT TREATY DISPUTES 
  •  Advised and acted for a group of foreign investors in a claim in excess of US$100 million against the Arab Republic of Egypt under the U.S. – Egypt bilateral investment treaty for expropriation of foreign investment as a result of a number of governmental measures taken in the Egyptian cotton industry.
  • Advised a German award-creditor as to the enforcement of an arbitral award in excess of €30 million against the Kingdom of Thailand pursuant to the Germany-Thailand bilateral investment treaty arbitration.
  • Part of the legal team on behalf of the Indian state entities which defended claims in connection with the Dabhol power project in India that were pursued by foreign investors General Electric, Bechtel and Enron under the India-Mauritius bilateral investment treaty in excess of US$4 billion in addition to commercial claims which were dealt with in an LCIA arbitration seated in London and shareholders’ disputes which were dealt with in an ICC arbitration seated in New York.