Payel Chatterjee
Partner - Dispute Resolution and Arbitration, White-Collar Crime
Commercial Disputes | Domestic and International Arbitrations | Cross-border Disputes
Overview
Payel Chatterjee is a Partner in the Dispute Resolution and White-collar Crimes practice at Trilegal. She has over 15 years of experience in handling complex investigations, high stake arbitrations and commercial/consumer disputes. Her practice focusses on conducting investigations involving fraud, bribery, corruption and employee centric issues. She has extensive experience in handling internal investigations involving workplace misconduct and impropriety and allegations of fraudulent or corrupt practices both for corporates and individuals as Board Members. In addition to this, she regularly conducts anti-bribery and anti-corruption training for corporates along with drafting policies and Code of Conduct.
She is an avid writer and contributes regularly to international journals on commercial arbitration, investigations, and contemporary issues. Prior to joining Trilegal, she worked with the Adani Group, leading international disputes at the Group Level and also spent more than a decade with the Mumbai and New Delhi offices of a leading law firm.
Education
- B. Com LLB (Hons.)
- LLM in Corporate and Financial Laws
Admissions
- Bar Council of Delhi
- Delhi High Court Bar Association
Industry body memberships
- Court Member- ICC Court of Arbitration, 2024-2027
- Publications and Newsletter Editor, IBA Business Crime Committee, 2022-2024
- Co-Chair, Southeast Asia/Oceania and India Committee, American Bar Association, 2024-2025
- Executive Committee-Rising Arbitrators Initiative
- Member- Advisory Board, The Constitution Academy & The Rights and Freedoms Museum
- Advisory Board, Indian Women in International Arbitration
Select representative clients/matters
ARBITRATION
- Successfully represented one of the largest Indian corporates in international commercial arbitrations under ICDR Rules governed by US laws in the renewable sector with respect to contractual claims.
- Successfully lead and strategised in resisting damage claims against one of the largest Indian corporates in a mediation proceeding due to failure to obtain requisite approvals to commence the project on the ground of “force majeure”.
- Successfully represented foreign corporations before Indian courts in their enforcement proceedings seeking disclosure of assets and bank accounts as well as restraining from sale/transfer and disposal of assets, warrants of attachment, and appointment of Receiver.
- Successfully represented a global consortium* of some of the world’s largest investment funds (Goldman Sachs, General Atlantic, Morgan Stanley, Norwest Venture Partners, Everstone Advisors, Ashmore) and lead the arbitration proceedings before SIAC and related anti-suit injunctions for stay of arbitral proceedings before various forums in India, including the Indian Supreme Court arising out of their USD 450 million investment in several public private partnerships in India.
- Successfully represented a private equity investor* in a LCIA arbitration proceedings seated in India in relation to their investment in a restaurant chain and before the National Company Law Tribunal on mis-management claims against the promoters.
- Represented the Russian Federation* in successfully resisting enforcement in India of the USD 50 billion Yukos Oil arbitration award, the world’s largest arbitration award under the 1994 Energy Charter Treaty and the 1976 UNCITRAL Arbitration Rules.
- Successfully represented the investment manager of a Special Window set up by Ministry of Finance in proceedings before the Supreme Court in relation to their proposed funding for completion of construction of stalled, brownfield, RERA registered residential developments in affordable and mid-income housing projects.
- Represented one of India’s largest art funds,* in the Supreme Court of India and other consumer forums in India in relation to recovery proceedings pertaining to their collective investment schemes.
- Successfully represented the world’s second largest oilfield services company,* in an ad-hoc international commercial arbitration seated in London conducted as per UNCITRAL Rules.
INVESTIGATIONS
- Advised one of the largest conglomerates in India* and worked with foreign Counsels on strategising in relation to crisis management and investigation faced by listed entities due to drastic fall in share prices and handled several litigation before the Supreme Court of India.
- Advising one of India’s leaders in waste management company, funded by several large private equity investors in an internal investigation relating to bribery and corruption, forgery arising out of fake receipts, violation of conflict-of-interest issues.
- Advising an investment trust engaged in the roadways sectors in an internal investigation involving one of its projects related to improper payments, bribery and corruption and involvement of their senior management and suggesting remedial action.
- Advising an Indian electric mobility player, funded by several private equity investors in an internal investigation in relation to bribery and corruption arising out of statutory payments and employee issues.
- Advising a pharmaceutical company in an internal investigation involving allegations of improper payments to public officials, bid rigging and role of their employees and subsequent criminal action.
- Advised an international research organisation in their internal investigation against their senior management in India on several workplace harassment issues and bribery and corruption allegations.
- Advising a global Business Process Management leader* in an internal investigation into allegations of anticorruption and bribery compliances along with foreign Counsel and forensic experts.
- Advised an Indian subsidiary of a multi-national pharmaceutical company* in an internal investigation uncovering certain allegations levelled against senior management and their involvement in bribery and corruption issues.
- Advised a US listed entity* engaged in providing financial, property, consumer information, analytics, and business intelligence in an internal investigation related to breach of Code of Conduct and Conflict of Interest policies.
- Advised a US software company* in two internal investigations in relation to allegations against their employees and contractors with respect to certain bribery and corruption issues.
- Advising a global investment firm* for one of their portfolios engaged in the retail sector in an internal investigation involving allegations of bribery, corruption, sexual harassment, misconduct by one of its senior employees.
*Name of the company has been withheld due to confidentiality reasons
