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Jeevan Ballav Panda

Jeevan Ballav Panda

, New Delhi

Partner | Dispute Resolution, Employment, Labour and Benefits

education

  • BA LLB (Hons.) from Hidayatullah National Law University, Raipur, (2008)

Jeevan Ballav Panda is a Partner in the Dispute Resolution and Employment, Labour & Benefits practice groups in the NCR office. He brings with him more than 14 years of experience with a focus on commercial litigation, arbitration and employment. Jeevan is also empaneled as an Arbitrator at the Delhi International Arbitration Centre (DIAC). 

Jeevan focuses on handling complex civil and contractual disputes, commercial litigation and arbitration and related pre litigation advisory. Jeevan also regularly argues matters before Courts and arbitral tribunals. Recently, Jeevan has successfully acted for MNCs and PSUs in high stake arbitration and litigation against government entities and private parties and between private players particularly in the railway, construction, infrastructure, power and hospitality sector.

Jeevan also focuses on labour and employment advisory and litigation 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, confidentiality, non-solicitation and non-compete clauses. Recently, Jeevan has successfully represented MNCs in civil suits against trade unions disrupting business operations through strikes and anti-social activities and in writ petitions and quasi-judicial proceedings involving high stake provident fund inquiries and exemption issues relating to provident fund trusts.

Professional Affiliations

  • 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
  • Empaneled as Arbitrator at the Delhi International Arbitration Centre (DIAC)

Recognitions and Accomplishments

  • Asian Legal Business (ALB) India’s Super 50 Lawyers in 2020 and 2021 
  • The Legal 500 (Legalease) Asia Pacific as a recommended lawyer for Labour and Employment in 2021 and 2022
  • Asian Legal Business (ALB) as one of India’s 50 Rising Stars in ALB’s India Rising Stars Ranking 2021

Representative Matters

Jeevan Ballav Panda has represented and advised the following clients

Siemens AG & Siemens Limited

Represented before a 3 Member Arbitral Tribunal in two separate domestic seated adhoc international commercial arbitration against Delhi Airport Metro Express Private Limited (DAMEPL) on  outstanding claims for work done under the Power Supply, Distribution Traction Electrification and Control (PST) and Signalling and Train Control Systems (SIG) Contract executed for the high-speed metro airport line from New Delhi Railway Station to Dwarka Sector 21 passing through the Indira Gandhi International Airport Terminal 3

Siemens Limited

Represented before a 3 member arbitral tribunal in a domestic seated adhoc arbitration against Paharpur Cooling Towers Limited in relation to disputes under a Contract for detail engineering civil works, supply and erection of three Natural Draught Cooling Towers on turnkey power project in Dahej, Gujarat

Voestalpine Schienen GmbH

Represented before 3 member arbitral tribunals in two separate domestic seated adhoc international commercial arbitration against Delhi Metro Rail Corporation Limited in respect of Contracts for supply of Head Hardened Rails for Delhi Metro Phase III Project

GX Technology Corporation, USA (An ION Group Company)

Represented before a 3 member arbitral tribunal in domestic seated adhoc international commercial arbitration against Directorate General of Hydrocarbons (DGH), Ministry of Petroleum and Natural Gas, Government of India in respect of disputes under Agreement to carry out Speculative Geophysical Survey in West Coast and East Coast of India

OYO Hotels and Homes Private Limited (OYO Hotels)

Represented before the Supreme Court of India and National Company Law Appellate Tribunal (NCLAT), New Delhi in the appeal proceedings relating to insolvency admitted against OYO Hotels with multiple parties (other Hotel Partners and Federation of Hotels & Restaurants Association of India) proposing to intervene and opposing the setting aside of insolvency process

BT (India) Private Limited

Represented before the Delhi High Court in a writ petition against the Ministry of Labour and Employment and the Provident Fund authorities directing them to consider application for grant of exemption (pending for more than 8 years) from the Employees’ Provident Funds Scheme, 1952 and a decision be taken in a time bound manner and in the interim  to treat BT’s private provident fund trust as an exempted fund and that no coercive action be taken

FIS Payment Solutions and Services India Private Limited

Represented before the Calcutta High Court restraining the Trade Unions (All Bengal Contract Security Workmen's Union & 5 Ors.) from obstructing the free ingress and egress of the members of the public and officials in around 348 ATMs spread across the State of West Bengal and interfering in any manner with the day-to-day functioning and operations. Successfully represented CMS Info Systems Limited before the Calcutta High Court and obtained similar orders against Trade Unions involving around 1248 ATMs spread across the State of West Bengal

Voestalpine Schienen GmbH

Represented before the Supreme Court challenging the Panel of Arbitrators provided by Delhi Metro Rail Corporation (DMRC) in relation to an International Commercial Arbitration seated in New Delhi on the grounds of independence and impartiality. The judgment is the first landmark judgment on interpretation of the legislative intent of the 2015 Amendment to the Arbitration and Conciliation Act, 1996 in the context of appointment of 'neutral', 'impartial' and 'independent' arbitrators. Judgment reported in (2017) 4 SCC 665

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);

Publications

iconErgo Update

22 Oct '24
The EPFO’s Circular Dated 7 October 2024: A Paradigm Shift or an Overreach?

iconErgo Newsletter

05 Aug '24
Food Safety Bulletin 2024 - Biannual - Issue 2

iconErgo Newsletter

16 Jan '24
FSSAI Bulletin- Issue 1 (2024)

iconErgo Newsletter

27 Jul '23
Food Safety Bulletin - Half Yearly Bulletin | Issue 2 | 2023

iconErgo Newsletter

20 Jan '23
FSSAI Half Yearly Bulletin - Issue 1 (2023)

News and Events

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