Binsy Susan
Binsy is a Partner in the Arbitration and Dispute Resolution practice based in New Delhi. She has over two decades of rich and diverse experience in handling high-value arbitrations and cutting-edge litigation matters.
Clients and peers have described Binsy as “a workhorse with top-notch legal skills”, with “unmatched ability to manage complex, high-stakes matters”. Clients consider her as “always accessible, knowledgeable and pragmatic”.
Binsy handles complex cross-border arbitration and commercial litigation matters primarily in technology, construction, infrastructure, oil and gas, media and aviation sectors, as well as constitutional and administrative law matters before writ courts.
She has acted as counsel in over 350 matters. Her practice spans international commercial arbitrations before leading arbitral institutions, including ICC, SIAC, LCIA, AAA, CAM-CCBC and DIAC as well as ad hoc tribunals – across jurisdictions including India, New York, Brazil, London and Singapore. She has been at the forefront of high-stakes commercial litigation matters before various domestic fora, including the NCLTs, NCLATs, High Courts and the Supreme Court of India. She also regularly strategizes and advises clients on foreign litigations.
She is an arbitrator empaneled with the American Arbitration Association – International Centre for Dispute Resolution (AAA-ICDR) as well as a mediator appointed to the Singapore International Mediation Centre (SIMC) Specialist Mediators Panel. She serves as a Director on the Board of Nani Palkhivala Arbitration Centre (NPAC) and is a Member of the AAA-ICDR India Committee.
She is consistently ranked for international arbitration and commercial disputes by Chambers & Partners (Asia-Pacific Guide and Global Guide), recognized as ‘Leading Partner’ and ‘Leading Individual’ in arbitration by Legal 500, ‘Distinguished Practitioner’ in dispute resolution by AsiaLaw, ‘Litigation Star’ and ‘Top 100 Women in Litigation’ by Benchmark Litigation, among the Top 10 lawyers in the RISE Lawyers Ratings India (Arbitration), and ‘Top 40 Disputes Lawyers’ by Asian Legal Business.
She routinely partakes in pro-bono work with public welfare organizations such as YWCA and is a member of the YWCA India Legal Committee.
Select Experience Statement
Technology Disputes
- A leading US-based domain name registrar in a broad spectrum of contentious and advisory matters across multiple jurisdictions in India. These include complex disputes involving intellectual property rights, including trademark infringement claims, cybersquatting allegations, and domain name ownership controversies.
- A leading domain name registrar operating across jurisdictions in high stake disputes related to intermediary liability and obligations under technology laws as well as guidance on safe harbour protection.
- HCL Infosystems Ltd. in an India-seated ad hoc arbitration against Unique Identification Authority of India (UIDAI), Indian statutory authority, concerning UIDAI’s breaches, non-performance and deductions during the term of one of a managed services contract for the AADHAAR project, with claims of USD 33.5 million.
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- HCL Infosystems Ltd. in an India-seated ad hoc arbitration against Unique Identification Authority of India (UIDAI), Indian statutory authority, concerning unilateral extensions of a managed services contract for the AADHAAR project, payment of dues, unlawful deductions and liquidated damages, with claims of USD 15 million.
- A leading Indian e-commerce platform in an India-seated ad hoc arbitration invoked by a global cloud computing services provider, arising from contractual obligations and alleged technical deficiencies in backend cloud services with claims amounting to USD 14.5 million and counterclaims of USD 10 million.
- A leading Indian transportation and ride-hailing company in an India-seated ad hoc arbitration against a global cloud computing services provider for deficiencies in cloud services.
- WhatsApp LLC and Meta Platforms Inc. in a constitutional challenge to Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, raising issues concerning end-to-end encryption and intermediary obligations.
- WhatsApp LLC and Meta Inc. before the Supreme Court of India in public interest litigation concerning circulation of illegal content on social media platforms, resulting in regulatory amendments and platform-level product changes.
- WhatsApp LLC and Meta Inc. before the Delhi High Court in multiple challenges concerning WhatsApp’s 2021 updates to its Privacy Policy and Terms of Service.
- WhatsApp LLC and Meta Inc. before the Delhi High Court in an array of litigation matters (including IP infringement suits, defamation suits and other public interest litigations) concerning intermediary compliance and take down requests.
- Pocket Entertainment Ventures Private Limited (Pocket FM), a leading Indian long-form audio-series and audiobooks platform in two litigations (suit and countersuit) against Mebigo Labs Private Limited (Kuku FM) before the Delhi High Court involving copyright infringement, trademark passing-off, data theft and tortious interference, with damages claimed at USD 10 million.
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International Arbitrations
- Culver Max Entertainment Pvt. Ltd. (Sony Pictures Networks India) in a Singapore seated SIAC arbitration against Zee Entertainment Ltd. in a dispute arising from termination of one of the largest merger agreements in the media & entertainment sector, with claims of USD 90 million. Also represented the client in proceedings before the NCLT and NCLAT concerning non-implementation of a composite scheme of amalgamation.
- A global telecom conglomerate headquartered in Singapore and its Brazilian subsidiary in a São Paulo seated arbitration under CAM-CCBC Rules, arising from a post-M&A shareholder dispute with a large Brazilian telecommunications company.
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- A global telecom conglomerate headquartered in Singapore and its Indian subsidiary in a London-seated arbitration under the AAA Rules, governed by New York law, arising from a cloud communications services agreement. Also advising the client in ongoing enforcement proceedings before courts in São Paulo.
- Flight Simulation Technique Centre Pvt. Ltd. and its sister entities, companies engaged in flight simulation & training, in an ICC arbitration and connected litigation before the Delhi High Court arising from a share pledge agreement with Sim Lease B.V., a Dutch entity engaged in leasing flight simulators, involving claims of approximately USD 69 million.
- A leading Indian online education platform and its wholly owned Dubai subsidiary in an ICC arbitration against former founders of the subsidiary in relation to termination of the employment agreement and grant of ESOPs, with claims amounting to USD 13.2 million.
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International Litigation
- A US subsidiary of a global telecommunications conglomerate headquartered in Singapore in litigation matters before the United States District Court, Western District of Washington and the Superior Court of the State of Washington, King County, involving allegations of fraud, misuse of trade secrets, breach of fiduciary duties, breach of employment obligations and conversion of company property against its former employees and KMPs.
- A global telecom conglomerate headquartered in Singapore and its Brazilian subsidiary in multiple litigations before Brazilian courts against a large Brazilian telecommunications company concerning control and shareholder rights, including criminal complaints, shareholder disputes and applications for interim relief.
- A leading Indian textile manufacturer in relation to a proposed class action before courts in California, alleging violations of consumer protection statutes, breach of express and implied warranties, unjust enrichment, false advertising and unlawful business practices.
- An Indian auto parts manufacturer in litigation before French courts concerning breach of exclusivity obligations under a supplier agreement.
- A UK-based engineering contractor company specialising in conceptual design and construction projects in litigation before the Technology and Construction Court, London, arising from disputes relating to construction of the world’s largest LDPE plant.
Projects and Construction
- A leading French industrial gases manufacturer in a USD 55 million arbitration before an international tribunal, against a Navratna Central Public Sector Undertaking under the Ministry of Steel, Government of India, in an ad-hoc arbitration arising from construction of cryogenic air separation plants on a BOO basis. Multiple interim awards were rendered in the client’s favour, and the dispute was ultimately settled advantageously.
- A UK-based engineering contractor company specialising in conceptual design and construction projects in litigation before the Technology and Construction Court, London, arising from disputes relating to construction of the world’s largest LDPE plant.
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- The overseas arm and wholly owned subsidiary of India’s largest national oil company, in an international ICC arbitration governed by English law, arising from an offshore oil exploration contract, involving complex technical issues concerning drilling operations and sharing of joint operating expenses.
- A US-based sewer pipeline rehabilitation company and its Indian subsidiaries in disputes with joint venture partners and public authorities, including ICC arbitration, LCIA arbitration, ad hoc
- A US-based sewer pipeline rehabilitation company and its Indian subsidiaries in award challenge proceedings before the Delhi High Court.
- An Indian joint venture company engaged in sewer pipeline rehabilitation in preparation and filing of time and cost claims before an employer in relation to construction of a major road and drainage upgrade project in West Delhi.
- An Indian joint venture company engaged in sewer pipeline rehabilitation in insolvency proceedings initiated by IVRCL Infrastructures & Projects Ltd. arising out of a pipeline rehabilitation services contract before courts in Hyderabad.
- A leading Korean automobile company against National Highways Authority of India in disputes arising out of a FIDIC contract for the construction and design of one of Asia’s largest cable-stayed bridges, including before the Indian Dispute Adjudication Board.
- A major passive infrastructure company and leading independent REIT in two separate ad-hoc arbitration proceedings and various rounds of litigation against a joint venture of a Norwegian telecom company with claims of USD 22 million.
- A leading Indian engineering conglomerate against NTPC Limited in an ad-hoc arbitration arising out of an EPC contract for setting up of the Korba Super Thermal Power Plant.
- A leading international steel manufacturing company in an international ICC arbitration arising out of an EPC contract in Bolivia.
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International Litigations
- A US subsidiary of a global telecommunications conglomerate headquartered in Singapore in litigation matters before the United States District Court, Western District of Washington and the Superior Court of the State of Washington, King County, involving allegations of fraud, misuse of trade secrets, breach of fiduciary duties, breach of employment obligations and conversion of company property against its former employees and KMPs.
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- A global telecom conglomerate headquartered in Singapore and its Brazilian subsidiary in multiple litigations before Brazilian courts against a large Brazilian telecommunications company concerning control and shareholder rights, including criminal complaints, shareholder disputes and applications for interim relief.
- A leading Indian textile manufacturer in relation to a proposed class action before courts in California, alleging violations of consumer protection statutes, breach of express and implied warranties, unjust enrichment, false advertising and unlawful business practices.
- An Indian auto parts manufacturer in litigation before French courts concerning breach of exclusivity obligations under a supplier agreement.
Miscellaneous
- Government E-Marketplace (GeM), the National Public Procurement Portal of the Government of India for procurement of goods & services by government organisations, departments and PSUs before the Supreme Court of India, all High Courts and district courts pan India, as well as before arbitral tribunals, in all disputes relating to transactions on the GeM Portal.
- South Asia LPG Ltd., a joint venture between Bharat Petroleum and Total Holdings India, before the Supreme Court of India and the NCLAT in proceedings concerning abuse of dominance and compensation claims.
- A leading German manufacturing company and its sister entities, in a multi-forum litigation relating to a disputed share sale transaction valued at USD 198 million. All proceedings were successfully defended, resulting in unconditional withdrawal of the suit.
- One of the world’s largest telecommunications companies in an ad hoc arbitration arising from a telecom license purchase agreement, with claims of USD 270 million.
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Professional Associations and Engagements
Professional Associations
- Arbitrator, AAA-ICDR Panel of Arbitrators.
- Mediator, Singapore International Mediation Centre (SIMC) Specialist Mediators Panel.
- Director, Nani Palkhivala Arbitration Centre (NPAC).
- Member, AAA-ICDR India Committee.
- Member, ArbitralWomen, an organisation of leading women arbitration practitioners.
- Member, Steering Committee of the Young Leaders Group of the Society of Construction Law, India.
- Member, Legal Committee of the YWCA India.
Speaking Engagements
- Speaker: Panel discussion on “Tariffs, Trade and Arbitration: Navigating Cross-Border Disputes in a Shifting U.S. Regulatory Landscape”, at the New York Arbitration Week (NYAW), organized by the New York Arbitration Centre in association with JAMS ADR (November 2025).
- Trainer: Advance training session on “The Conduct of the Proceedings and Case Management – The Arbitrator’s Perspective”, organized by the International Chamber of Commerce (ICC) Institute of World Business Law (November 2025).
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- Trainer: Advanced training session on “Masterclass in Arbitration Drafting” organized by the Arbitration Bar of India (October 2025).
- Moderator: Panel discussion on “Enforcement of Standard Form Contracts: Navigating Legal Complexities and Balancing Commercial Considerations” at the Nani Palkhivala Arbitration Centre (NPAC) 16th Annual International Arbitration Conference (September 2025).
- Speaker: Panel discussion on “India’s role in international dispute resolution – a rising global player?” at the London International Disputes Week (June 2025).
- Speaker: Panel discussion on “Decentralizing Arbitration: The Rise of Regional Hubs in Singapore, India, and MENA”, at the 13th Annual Georgetown International Arbitration Month, Georgetown University, U.S. (February 2025).
- Chairperson: Panel discussion on “India and Global Arbitration: Opportunities and Challenges for 2025 – 2030”, at the Nani Palkhivala Arbitration Centre (NPAC) 15th Annual International Conference (October 2024).
- Speaker: Panel discussion on “Bridging the gap: domestic arbitrations and international arbitrations”, at the India ADR Week organized by the Mumbai Centre for International Arbitration (September 2024).
- Speaker: Panel discussion on “Role of AI in Arbitration and Mediation”, at the Singapore Convention Week (August 2023).
- Moderator: Fire-side chat with Mr. Harish Salve KC on “Latest trends in the Indian legal market” at the London International Disputes Week (May 2023).
- Speaker: Panel discussion on “The Changing Landscape of Arbitration in India”, ALB Japan In-House Legal Submit 2022 in Tokyo (June 2022).
- Trainer: Training session on “Contours of Public Policy in India” at Institute of Law, Nirma University, India (March 2022).
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Select Publications
- Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India, The American Review of International Arbitration, Columbia Law School (2026).
- Authored the India Chapter of Global Arbitration Review (GAR) “Knowhow on Construction Arbitration” for five consecutive years (2025, 2024, 2023, 2022, 2021).
- Correcting the Course: Assessing Arbitral Tribunal’s Powers to Modify Interim Orders under the Indian Law, Lexology (2025).
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- Authored India-CRUX construction dispute causation series part III: Unforeseen Physical Conditions.
- Publication of Arbitral Award: Balancing Confidentiality and Transparency in Arbitration, Indian Arbitration Law Review, Vol. 4 (2022).
- Tracing the assets – Key for enforcement of awards, Bi-Monthly Newsletter of the Nani Palkhivala Arbitration Centre (NPAC), Volume 4, Issue 4 (2021).
- Authored the India Chapter of Chambers and Partners Global Practice Guide on Product Liability & Safety (2020 & 2019).
- NTPC v. Voith – Force Majeure Clause v. Impossibility under Section 56?, Mondaq (2019).
- Specific Relief (Amendment) Bill 2017: step towards new jurisprudence, International Law Office – Litigation Newsletter (2019).
- How to trump a ‘No Claims Certificate’ in Arbitration, Asian International Arbitration Journal, Volume 14 (2018).
- Court’s Assistance in Conduct of Arbitral Proceedings, Indian Journal of Arbitration Law, Volume 6, Issue 2 (2018).
- New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub, Kluwer Arbitration Blog, dated (2018).
- Arbitrability of Lease Deed Disputes in India – The Apex Court Answers, Kluwer Arbitration Blog (2018).
- Deciding the Question of Applicability: Arbitration Amendment Act, 2015, Kluwer Arbitration Blog (2016).
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A detailed experience statement can be shared on a confidential basis.
Professional Memberships
- Bar Council of Delhi (BCD)
- Supreme Court Bar Association (SCBA)
Education
- B.A.LL.B (Hons.), National Law Institute University (2005)
- Master of Laws (LL.M.), New York University School of Law (2008)