Jeevan Ballav Panda is a Partner in the Dispute Resolution and Employment, Labour & Benefits Practice Group in the New Delhi office. He brings with him about twelve years of experience in advising on complex commercial, civil disputes and arbitrations (both domestic and international).
Jeevan focuses on handling complex contractual disputes, commercial litigation and arbitrations and related pre litigation advisory. Recently, Jeevan has successfully acted for MNCs in high stake arbitrations against government entities and between private players particularly in the railway, construction and infrastructure sector. Jeevan also regularly argues matters before Courts and arbitral tribunals.
Jeevan also focuses on labour and employment related issues from a litigation standpoint involving structuring senior management contracts and exits, disciplinary/ domestic inquiries, sexual harassment at workplace, reorganisation and trade union related issues, compliances under various labour legislations including those relating to social security benefits, industrial disputes, termination, transfers, non-solicitation and non-compete clauses
- Bar Council of West Bengal (2008)
- Member of Incorporated Law Society of Calcutta, Calcutta High Court
- Member of Delhi High Court Bar Association
- Life Member of Orissa High Court Bar Association
- Member of National Green Tribunal Bar Association (Principal Bench), New Delhi
- Member of International Law Association (Regional Branch), New Delhi, India
Jeevan Ballav Panda has represented and advised the following clients
Voestalpine Schienen GmbH
Represented and advised on arbitration proceedings and argued the matter before a 3 Member Arbitral Tribunal in a domestic seated adhoc international commercial arbitration and obtained a favourable Arbitral Award against DMRC directing them for making payment of Euro 807,719.18 including pendente lite interest at the rate of 13.7% per annum and costs of arbitration to the extent of Arbitral Fees in a Contract for supply of 19,000 MT of Head Hardened Rails for Delhi Metro Phase III Project.
GX Technology Corporation (An ION Group Company)
Engaged in geophysical survey and processing of seismic data for hydrocarbon exploration before the Delhi High Court for setting aside of termination and blacklisting orders passed by Director General of Hydrocarbons (DGH), Ministry of Petroleum & Natural Gas, Government of India.
A prominent Indian exporter of Agricultural Products
Represented before the ICC International Court of Arbitration, Singapore and successfully defended an international commercial arbitration initiated by a leading importer of Bangladesh under International Tender for import of 1,00,000 MT of par-boiled Basmati Rice from Vishakapatnam, India to Chittagong, Bangladesh for alleged short-landing involving claim of about US$ 300,000.00 (plus interest). The claim was dismissed with costs.
India’s largest natural gas processing, transmission, distribution and marketing PSU
Represented and advised on arbitration proceedings against its Contractor (a JV between a Russian and Indian Company) arising out of disputes in execution of Kochi-Koottanad-Bangalore-Mangalore Pipeline project for the purpose of transportation of natural gas involving a counter claim of about INR 100 Crores and connected proceedings before Delhi High Court regarding injunction on encashment of Bank Guarantee and contempt proceedings for breach of conditions of injunction by the Contractor.
A global market leader in electrical, manufacturing and construction industry and its Indian subsidiary
Represented and advised on arbitrations with third parties arising out of contract for construction of civil works for a thermal power plant.
GAIL (India) Limited
Represented before the Supreme Court and successfully defending challenge made by HRD Marcus, a US based multinational to the mandate of the nominee arbitrator of the PSU and the presiding arbitrator. The judgment laid down the law on the issue as to whether an arbitrator can be said to be independent and impartial if he/she has acted as an arbitrator in a prior arbitration between the same parties arising from the same contract involving similar issues. The judgment also laid down the broad principles of law relating to Sections 12, 13 and 14 read with the 5th and the 7th Schedule of the Arbitration and Conciliation Act, 1996 post the 2015 Amendment. Judgment reported in 2017 (10) SCALE 371: 2017 (5) Arb. LR 1 (SC).
Essel Mining & Industries Limited
Represented before the Supreme Court for modification of an order suspending mining operations of 102 entities arising out of a Public Interest Litigation alleging illegal mining of iron ore and manganese in the State of Odisha. Judgment reported in (2016) 11 SCC 455.
Texmaco Limited Employees’ Provident Fund Trust
Represented and advised an exempted Provident Fund Trust Fund before the Calcutta High Court in a suit (filed in the year 1988) against their Banker (UCO Bank Limited) and claiming an amount equivalent to the amount of a cheque which was stolen, forged and encashed and succeeded in establishing negligence of Bank and/or its officials and obtained favourable judgment and decree directing recovery of the amount from the Bank. Judgment reported in (2013) 4 CAL LT 192 (HC).
Represented before the Calcutta High Court in writ petitions challenging show-cause notices issued by Drugs Control authorities for cancellation of its drug license to manufacture “ZEDEX” Drug (a well-known brand of cough syrup) and stopping further sale and use. Judgment reported in (2012) 2 CAL LT 211 (HC): 2012 (4) CHN 432.
Covid 1930 Mar '20