Harish Salve KC

Successfully represented Vodafone BV in a Bilateral Investment Treaty arbitration against India over whether the phone company should have withheld $2.2bn in capital gains taxes. The Tribunal consisted of Sir Franklin Berman, Hon’ble Yves Fortier and Dr. Rodrigo Oreamuno.

Acted for ArcelorMittal USA in a claim for enforcement of foreign arbitral award worth in excess of US$1bn involving applications for search, freezing and information orders in England and various foreign jurisdictions, including Cayman Islands, Mauritius, USA and India, in dispute between two multi-national companies.

Represented Vedanta, a UK listed company, in a Bilateral Investment Treaty arbitration against India. The Tribunal panel consisted Mr. Michael Hwang, Mr. James Spigelman and Mr. Donald McRae.

Represented the IMFA in an investment treaty claim against Indonesia under the India-Indonesia Bilateral Investment Treaty arising out of a failed coal mining project, which lead to a breach of the India-Indonesia BIT.

Represented Reliance Industries Ltd (RIL) in a $1.7 billion UNCITRAL dispute against the Indian Government. 

Represented RAKIA in a BIT claim against India arising out of a failed MoU between the Indian state of Andhra Pradesh (A.P.) and RAKIA for bauxite supply, which was allegedly cancelled due to the concerns of the tribal people of that area. The cancellation of the project was alleged to be a breach of the Indian-UAE BIT. The Tribunal comprised of L. Hoffmann, J.W. Rowley and C.K. Prasad.

Acted for McDonalds in an LCIA arbitration valued at $100m. The dispute is between McDonalds and subsidiary and an Indian franchise.

Acting for a well-known industrialist in a $125m+ dispute relating to an investment in India alleging various breaches of warranty.

A UNCITRAL arbitration dispute related to retrospective tax measures adopted by the Indian Government with over $5.5 billion at stake.

Acted in a $1bn ICC arbitration dispute over a put option in a share purchase agreement.

Represented Malaysian and Mauritian investors (in the DTH and Radio Sector) in an arbitration arising out of a BIT claim against India.

Acted in an arbitration between an Indian company established by American Shareholders and a Government of India company.

Appeared in the Supreme Court in the case relating to the jurisdiction of Indian courts in relation to international arbitrations. 

Appeared for the President of India and the Union of India in a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad.

Acted as lead Counsel for the Union of India before the International Court of Justice which held the Islamic Republic of Pakistan to be in breach of its obligations under the Vienna Convention on Consular Relations, 1963 in failing to provide consular access to an Indian national sentenced to death by a military court in Pakistan. (Judgment dated 17 July 2019)

Appeared for the Union of India in the Supreme Court relating to the sharing of Cauvery waters. 

Represented India before the International Court of Justice (ICJ) in proceedings instituted by the Republic of Marshall Islands (RMI) against nine States, including India and UK, with respect to nuclear disarmament. The ICJ held public hearings in March 2016 on the question of its jurisdiction and upheld India’s objection to jurisdiction based on the absence of a dispute between the parties.

Appeared for the State of Kerala in a dispute relating to the Mulliperiyar Dam. 

Appeared for the Italian Government in the Supreme Court of India in the case relating to the Italian Marines.

Appeared for the State of Gujarat in the dispute relating to the Sardar Sarovar Dam.

Represented Reliance Industries before the Securities Appellate Tribunal against an order passed by SEBI banning Reliance and its promoter companies from trading in equity derivatives based on allegations of market manipulation strategies undertaken by Reliance amounting to unfair trade practice. (Judgment awaited)

Lead Counsel for ArcelorMittal before the Supreme Court of India which upheld the Resolution Plan submitted by ArcelorMittal to buy out the insolvent Essar Steel India Limited under the provisions of the Insolvency and Bankruptcy Code, 2016.

Acted for ArcelorMittal USA in a claim for enforcement of foreign arbitral award worth in excess of US$1bn involving applications for search, freezing and information orders in England and various foreign jurisdictions, including Cayman Islands, Mauritius, USA and India, in dispute between two multi-national companies.

Represented Vodafone before the Delhi High Court in an anti-arbitration suit brought by the Union of India against arbitration proceedings initiated by Vodafone under the Bilateral Investment Treaty between UK and India. The Single judge held in favour of Vodafone in May 2018.

Appeared in the Supreme Court of India for the Telecom Cases relating to 2G licences. 

Represented Tata Sons against a claim brought by a minority shareholder under allegations of oppression and mismanagement. The case involved complex issues concerning corporate governance. The National Companies Appellate Tribunal (NCLAT) held in favour of the claimant but the Supreme Court of India has stayed this judgment.