Sudhanshu Roy

Representative Experience

Investor-State Arbitration

• Representing India in a confidential UNCITRAL arbitration concerning the imposition of capital gains tax on the acquisition of shares in an Indian mining company.
• Representing India in a confidential UNCITRAL arbitration concerning certain regulatory measures imposed on an Indian telecom company. 
• Axiata Investments (UK) Limited and Ncell Private Limited v. Nepal. Counsel to Nepal in an ICSID arbitration under the UK-Nepal Bilateral Investment Treaty in a dispute concerning the imposition of capital gains tax on the acquisition of shares in a Nepalese telecom company. 
• Niko Exploration (Block 9) Ltd. v. Bangladesh and Bangladesh Oil and Gas Mineral Corp. Counsel to Bangladeshi State-owned oil and gas company in a contract-based ICSID arbitration proceedings.
• Raiffeisen Bank International AG and Raiffeisen Bank Austria d.d. v. Republic of Croatia. Counsel to Croatia in an UNCITRAL arbitration under the Croatia-Austria bilateral investment treaty arising from alleged investments in Croatia’s financial and banking sectors.
• Adria Group B.V. and Adria Group Holding B.V. v. Republic of Croatia. Counsel to Croatia in an ICSID arbitration under the Croatia-Netherlands bilateral investment treaty arising from alleged investments in a retail enterprise in Croatia. 
• Talal Al Awamleh and others v. State of Qatar. Represented Qatar in an ICSID arbitration under the Qatar – Jordan bilateral investment treaty arising from contracts relating to a cable television franchise. The case was settled and discontinued pursuant to ICSID Arbitration Rule 43. 
• Louis Dreyfus Armateurs SAS v. Republic of India.  Counsel to India in a UNCITRAL Arbitration under the India – France bilateral investment treaty arising from a contract concerning the supply and operation of cargo handling equipment in the Indian State of West Bengal. In the final award, the Tribunal not only dismissed all claims, but also awarded India $7.2 million in costs.
• Nissan Motors Ltd. v. Republic of India. Counsel to India in a UNCITRAL Arbitration under the Comprehensive Economic Partnership Agreement between India and Japan arising from alleged non-payment of tax refunds relating to the activities of an integrated automobile project in the Indian State of Tamil Nadu.
• Thomas Gosling and others v. Republic of Mauritius. Representing Mauritius in an ICSID arbitration under the Mauritius – UK bilateral investment treaty arising from alleged investments in real estate projects in Mauritius.
• Representing Mauritius in an ad hoc arbitration pursuant to UNCITRAL rules brought by two Indian companies relating to the termination of a land development agreement and administered by the PCA (Confidential).
• City-State N.V and others v. Ukraine. Representing Ukraine in an ICSID arbitration under the Ukraine – Netherlands bilateral investment treaty arising from measures in the Ukrainian banking and financial sector. The claimants were awarded less than a third of the original amount claimed.
• Niko Resources v. Bapex and Petrobangla. ICSID Case Nos. ARB/10/11 and ARB/10/18, on behalf of Bangladesh and two State entities concerning the causes and impacts of two gas blowouts. 
• Tenoch Holdings Ltd. et al. (ByCell Dispute) v. Republic of India. Worked for the Government of India on a UNCITRAL Arbitration under the India-Russia and India-Cyprus Bilateral Investment Treaties arising from the cancellation of a Foreign Direct Investment approval granted to a telecom company.
• Vodafone International Holdings BV v. Republic of India. Worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act.
• Cairn Energy Holding, U.K. v. Republic of India. Worked for the Government of India on an UNCITRAL Arbitration under the Bilateral Investment Treaty between India and United Kingdom involving the application of India’s Income Tax Act.

International Commercial Arbitration

• Counsel to an Asian state-owned entity in an UNCITRAL arbitration administered by SIAC arising from drilling and exploration agreements of natural gas reserves.
• Counsel to an Asian state-owned entity in an UNCITRAL arbitration arising from a change in gas market fundamentals.
• Counsel to a State-owned entity in an ICSID arbitration in relation to a dispute arising under a Production Sharing Contract and a Gas Purchase and Sale Agreement.
• Represents a State-owned entity in an ICC arbitration against an investor regarding a contract concerning a solar power project. 
• Represents a State-owned entity in an international arbitration case against an energy company before ICSID arising from a contract concerning an electric power generation project. 

International Human Rights

• Represented third party in a case involving crimes against humanity, torture, cruel treatment, and extrajudicial killings brief before the Extraordinary Chambers in the Court of Cambodia.
• Advising Amnesty International USA on litigation and advocacy matters before U.S. Courts.

Pro Bono

• Advising Médecins Sans Frontières (MSF) on certain aspects of maritime activities in the Mediterranean Sea. 
• Representing asylum seekers in immigration court.

Advisory Work on Bilateral Investment Treaties

• Advised Republic of India on the reform its 2016 Model BIT.
• Member of Indian negotiating team for BITs and investment chapter of FTAs with UAE, USA, Canada, Russia and RCEP.
• Advised a Central Asian State on its Model BIT and Model Investment Agreement reform.

Professional Experience

• Legal Advisor, Department of Economic Affairs, Ministry of Finance, Government of India, 2013-2015
• Associate, Amarchand & Mangaldas & Suresh A Shroff & Co., New Delhi, 2009-2013