SAGAR KULKARNI, ADVOCATE | FCIArb, London | FAIADR, Malaysia Legal Professional
Graduated with Master’s in International Dispute Settlement (MIDS), from University of Geneva, Switzerland. Attended the London Summer Arbitration School, (King’s College, London) covering special subjects like maritime laws, space laws, construction laws, commodities laws, and banking & finance laws. Sagar extensively practices in the field of Alternate Dispute Resolution (ADR) since last 14 years and has obtained certifications and qualifications in the field of Arbitration / International Dispute Settlement. Sagar has expert level skills to analyse disputes in an efficacious and solution oriented approach. Sagar routinely advises clients on developing dispute avoidance strategies at the time of commercial agreements/contracts formation and regularly conducts mediation & arbitration proceedings in disputes relating to commercial, contractual, construction nature. Sagar has advised major MNC’s in fields like renewable energy (Wind & Solar), oil & gas, software and IT laws, construction and engineering, technology, EPC projects, turnkey contracts, BOT models, international laws, compliance laws and liaised with foreign lawyers. Sagar always pursues disputes with an approach to come up with quick solutions that are always unique in a practical way, versatile, innovative, and business oriented, to emerge successful at tasks in hand. Sagar has the quality of maintaining connections with clients and it is most often the case that clients come back to him for advice on business and other legal transactions. Sagar sits as arbitrator and mediator in Moot Competitions, including the Vis Moot and FDI Moots.
EXPERIENCE HIGHLIGHTS
- Sagar has acted as counsel in many high-stake disputes involving parties from India, Bangladesh, Taiwan, Singapore, Russia, Belarus, and China, and is well acquainted with laws from these regions.
- Sagar regularly represents his clients before Judicial and quasi-judicial forums and in International Arbitrations and Mediations.
- Sagar has pursued successful award enforcement proceedings in different jurisdictions and has good connections with lawyers globally.
EDUCATION
- London Summer Arbitration School – Certificate Course – Combined course of Faculty of Law University of Basel and British Institute of International Comparative Law. (June 2023)
- Geneva Law School and Graduate Institute of International and Development Studies, Switzerland – LLM (Masters International Dispute Settlement), (Hans Wilsdorf Scholar). (2011-12)
- Queen Mary University, London – Postgraduate Certificate in International Commercial Arbitration & Award Writing. Specialisation in International Construction Contracts, FIDIC. (Distance Learning- 2010-12)
- D.E.S Law College (Fergusson), Pune University, India – BSL LLB. (2004-2009)
- Asian School of Cyber Laws (ASCL Law School) Pune, India – Diploma in Law of Corporate Mergers & Acquisitions. (2009)
SELECT REPRESENTATIVE WORK
- Representing a Solar Energy Company in a dispute against a logistics company over a dispute of defective services under the contract and imposition of demurrage by port authorities in force majeure situation.
- Representing a software company against a leading Indian PSU (Oil & Gas Sector) in an arbitration dispute about non-payments and breach of Terms & Conditions of the Tender. Representing the company before the Bombay High Court as well.
- Represented a German Wind Energy company in a dispute against a company who filed an arbitration case claiming under-performance and downtime in the Wind turbines supplied by my client. With successful liaison with other senior lawyers, my client emerged successful in dismissing the claims/case filed against my client.
- Arbitrator – Appointed as Sole Arbitrator by the Delhi International Arbitration Centre (DIAC) in a dispute relating to defaults and breaches under loan agreements between a finance company and a commercial organisation.
- Represented an Engineering Company in an International Arbitration against a Bangladesh state owned Company seated in Singapore under the SIAC Rules of Arbitration, 2016. Succeeded in winning the arbitration for my client and further proceedings of final award enforcement and recovery of dues is under process.
- Represented a Company based in Taiwan for a dispute with a listed Indian company for recovery of monies regarding supply of defective fabric used in manufacture of medical facemasks. The case was settled through online mediation in favour of my client with the assistance of Presolv360 (ODR Platform)
- Representing an Indian pharmaceutical company against a dispute with companies in Russia and Belarus for outstanding payments due to my client towards supply of veterinary medicines.
- Represented a Client before the State Electricity Board and Courts in a case for allegations of utilising energy by fraudulent means under the Electricity Act, 2003. It involved representing the client before criminal courts as well.
- Representing clients in Mediation and Arbitrations under the Micro, Small and Medium Enterprises Development Act, 2006.
REVIEW & DRAFTING OF CONTRACTS:
- Assisted an Israeli firm who was representing the Israeli Electricity Company (IEC) in framing their legal policies for developing dispute mechanism between commercial companies (federal) and the IEC.
- Reviewed & advised on contracts relating to Wind Turbine, land records and documents relating to land acquisition.
- Reviewed and revised a Custodian Agreement between a Trustee based in Guernsey and Financial Institution based in Dubai (UAE).
- Advised clients on BOT, EPC, Warehousing Agreement and Turnkey agreements. Drafted agreement to sale between a company from Germany and India.
- Reviewed and drafted contracts with companies from Russia.
- Review MSA, Sub-contractor agreements, Software licensing, Hardware solutions and Cloud computing/Server services contracts on regular basis for IT and Server Company.
- Drafting Standard Terms & Conditions for Service Agreement, Supply and Sale of Goods.
- Reviewing and drafting Agreements for a cloud data source company for its global operations.
- Drafted agreement for import/procurement and use of goods between companies from USA and India. Contract with laws of USA and India.
- Reviewed & advised on agreement for procurement and leasing of software licenses between a telecom company and a software company.
- Reviewed & advised on Basic Sales Transaction Agreement between a Japanese Company and Indian Company for purchase of products from India.
EMPANELMENTS
- Empanelled Arbitrator:
- Borneo International Centre for Arbitration & Mediation (BICAM), Borneo.
- Delhi International Arbitration Centre (DIAC), India.
- Hyderabad Arbitration Centre, (HAC), India.
- Online Dispute Resolution (ODR) Platform of SAMA, India.
- Asian Institute of Alternate Dispute Resolution (AIADR), Malaysia.
- Asian International Arbitration Centre (AIAC), Malaysia.
- Thailand Arbitration Centre (THAC), Thailand.
- International Arbitration Centre (IAC), Kazakhstan.
- Business Arbitration Scheme (BAS, CIArb, London), UK.
- Empanelled Mediator:
- Asian Institute of Alternate Dispute Resolution (AIADR), Malaysia.
- SAMA Online Dispute Resolution (ODR).
- Presolv360 Online Dispute Resolution (ODR).
PROFESSIONAL MEMBERSHIPS
- Bar Admissions:
- Bar Council of Maharashtra & Goa, India (Common Law Jurisdiction)
- Permanent Member of the Bombay Bar Association (O.S. Registration)
- Fellow, Chartered Institute of Arbitrators (FCIArb), London, England & Whales.
- Fellow (FAIADR) & Chairman of the Editorial Sub-Committee, Asian Institute of Alternative
Dispute Resolution (AIADR), Malaysia.
- Member of the Rising Arbitrators Initiative (RAI).
- Member of the Society of Construction Law, India.
- Member, Young International Council for Commercial Arbitration (Young ICCA).
- Member, Mahratta Chamber of Commerce, Industries and Agriculture (MCCIA).
PUBLICATION | CONFERENCES
- MIT Law Conclave, Pune – Invited to speak at the law conclave on the topic of Artificial Intelligence (AI) in Law.
- AIADR Centurion – Cyber Security and Arbitration.
- Sampada MCCIA – Cost Effective Methods of Dispute Resolution (MSME).
- AIADR Centurion – Arbitration and Conciliation Amendment Bill 2019 (Indian Arbitration Act 2019)
- Transnational Dispute Settlement (TDM) – “Enforcing Anti-Corruption Measures Through International Investment Arbitration”.
- ADR Cell Madhyastha, New Law College, Pune – International Arbitration & Mediation -Friends or Foe?
- Moderator – Thailand Arbitration Centre (THAC) in conference on “Impact of Cyber Security in International Arbitration.”
SOCIAL ACTIVITIES
- Part of the Six months CIArb UAE Mentorship Program – 2023.
- Invited by AIADR to judge the International Mediation Competition, 2023.
- Invited as Arbitrator to the Vis Pre-Moot Asia Pacific Rounds 2023.
- Moderator in a conference on the topic of Cyber Security and Arbitration conducted by the THAC (Thailand Arbitration Centre), 2021.
- Invited to arbitrate the FDI International Arbitration Moot 2021.
- Invited to Judge the Moot Court Competition by the KLE Society’s Law College, 2019.
- Appointed on the Tutor Panel of the AIAC Academy.
- Chairman of Editorial Sub-Committee (ESC) of the Asian Institute of Alternate Dispute Resolution (AIADR), KL, Malaysia. Active role in contributing for development of the Newsletters & Journal content.
LANGUAGES
- English – Native.
- Hindi – Native.
- Marathi – Native.
