Samiksha Godiyal

Of-Counsel

New Delhi | +91 9910005408 | samiksha.godiyal@touchstonepartners.com

Samiksha is a qualified lawyer. She graduated from the National Law School of India University in 2010 and completed her Master of Laws from the University of Zurich in 2011. Samiksha began her career as a litigation associate at an Indian corporate law firm, S&R Associates, where she worked for five years before starting her independent litigation practice.

Samiksha has extensive experience in civil litigation, arbitration and dispute resolution advisory mandates with a focus on commercial laws, shareholder disputes, intellectual property laws, insolvency, regulatory disputes, taxation laws and constitutional law.

Samiksha has served as Junior Counsel on the panel of GAIL (India) Limited, DRI/ DGGI and the Government of Uttar Pradesh, and has advised the Department of Economic Affairs, Ministry of Finance, Government of India, on securities laws and various issues under the Companies Act. She is also associated with the Chambers of Mr. Shyam Divan, Senior Advocate at the Supreme Court of India.

Select Litigation, Arbitration and Dispute Resolution Experience:

  • Represented F. Hoffman-La Roche, Genentech Inc. and Roche Products (India) Private Limited in intellectual property and injunction proceedings relating to biosimilar drugs.
  • Represented Vodafone India in proceedings relating to schemes of arrangement and restructuring of tower assets and advised on matters relating to transfer of licences.
  • Represented Cairn Energy Plc in public interest litigation proceedings in the Supreme Court of India in relation to the sale of shares to Vedanta Resources Plc.
  • Represented a Norwegian oil and gas company in an ad hoc international commercial arbitration against a PSU.
  • Represented Alcatel-Lucent in (i) proceedings in the Delhi High Court and the Supreme Court of India relating to disputes under financing and supply agreements; and (ii) domestic arbitration proceedings against Mahanagar Telephone Nigam Limited.
  • Represented Avenue Capitals in shareholder disputes, including proceedings under the Indian Arbitration and Conciliation Act in the Calcutta High Court and in the Supreme Court of India, and in international commercial arbitration.
  • Represented KBR, Inc. in proceedings under the Indian Arbitration and Conciliation Act and advised on disputes under engineering and construction contracts in India.
  • Represented IL&FS Transportation Networks (i) in writ proceedings relating to a government tender in the Delhi High Court, the Andhra Pradesh High Court and the Supreme Court of India; and (ii) before the Company Law Board relating to shareholder disputes.
  • Represented Esscee Biotech in proceedings in the Supreme Court of India in relation to a criminal complaint against a competitor for misappropriation of trade secrets.
  • Represented merchant banks in proceedings before the SEBI relating to the initial public offering of a leading real estate company in India.
  • Represented a leading engineering and construction company in proceedings before the SEBI and the SAT.
  • Represented operational creditors and liquidators in proceedings under the Insolvency and Bankruptcy Code, 2016.
  • Advised the Government of India in connection with disputes arising from a procurement contract for helicopters and proceedings in India and Italy.
  • Advised Glencore in relation to (i) termination of a joint venture agreement and resolution of potential disputes under such agreement; (ii) breach of a contract for supply of wheat by State Trading Corporation (iii) breach of a contract of affreightment by Rashtriya Ispat Nigam Limited; and (iv) arbitration proceedings against MMTC Limited before the Indian Council for Arbitration.
  • Advised Bharat Hotels in relation to a shareholders’ dispute.
  • Advised CX Partners on shareholder disputes in relation to investments in India.
  • Advised a leading finance company in the infrastructure sector in relation to disputes with the National Highways Authority of India in relation to EPC services contracts for a highway project.
  • Advised receivers for a Mauritian company in proceedings for enforcement of LCIA arbitral awards.

Education

  • National Law School of India University (B.A., LL.B (Hons.), Gold Medallist in Banking Law), 2010
  • University of Zurich (Master of Laws/Master of Advanced Studies in International Organizations, magna cum laude), 2011

Professional Qualifications

  • Admitted to the Bar Council of Uttar Pradesh, 2011
  • Admitted to Practice by the Bar Council of India, 2011
Securing Indian Assets in Foreign Arbitrations’ (India Business Law Journal, 26 December 2011)
(https://law.asia/securing-indian-assets-in-foreign-arbitrations/)

The Global Discontents of Nationalism’ (The Indian Advocate, Journal of the Bar Association of India, 2017)