Binsy Susan
Binsy Susan is a Partner in the Dispute Resolution and Arbitration practice group in the New Delhi Office. She has over 18 years of rich and diverse experience in handling corporate and commercial litigations and arbitrations.
She started her career in Disputes with the Firm in 2009, after she returned to India with an LL.M. degree from New York University School of Law, New York. Prior to that, she was pursuing transactional practice with AZB & Partners since 2005.
She is a well-known name in the arbitration field and routinely handles complex international and domestic commercial arbitration matters as well as corporate litigation. She routinely handles high profile and complex disputes, in sectors ranging from construction, information technology & telecom, oil & gas, infrastructure. She has been representing clients in arbitrations conducted by various international institutions (e.g., International Chambers of Commerce, Singapore International Arbitration Center, London Court of International Arbitration, American Arbitration Association, Center for Arbitration & Mediation of the Chamber of Commerce, Brazil) as well various international and national ad hoc tribunals.
She also works closely with various international law firms across jurisdictions (such as in the United States, United Kingdom, and Brazil) and with King’s Counsel/ Junior Barristers of the Royal Courts of Justice, United Kingdom.
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She advises and represents social media companies like Facebook, WhatsApp, and Instagram before various judicial fora, including High Courts across India and the Supreme Court of India, particularly in relation to cutting-edge matters concerning data privacy, data protection, cybersecurity and the scope of liability of intermediaries under Indian law.
She formed part of the core team representing the Confederation of Indian Industry (CII) before the Supreme Court of India dealing with the Presidential Reference on allocation of natural resources. The Supreme Court (In re, Special Reference No.1 of 2012; (2012) 10 SCC 1) ultimately approved the CII stand that auction is not the only method of allocation of natural resources, contrary to what was suggested by the earlier judgment in the 2G Spectrum Case ((2012) 3 SCC 1).
She regularly advises on technology disputes, mattes relating to competition law, white-collar crimes and economic offences. She regularly appears before the Supreme Court of India, various High Courts, and Tribunals.
She writes frequently on various topical issues relating to contracts and arbitration. She has also contributed to various guides and handbooks including the Global Arbitration Review (GAR) for the India Chapter on Construction Arbitration (through the years 2019 – 2022), India Chapter of Chambers and Partners Global Practice Guide on “Product Liability & Safety”. Recently (2019 and 2020), Herbert Smith Guide to Dispute Resolution (India Chapter), and Mayer Brown’s Multi-Jurisdictional Litigation Brochure between 2009-2014.
She is a core member of the Steering Committee of the Young Leaders Group of the Society of Construction Law, India. She is also an active member of Arbitral Women, an organisation of leading women arbitration practitioners across the globe.
She also routinely speaks at conferences – most recently, at a conference organised by the Indian Embassy on “Litigation and regulatory risks for investors in India”, December 2022, and at a panel discussion on “The Changing Landscape of Arbitration in India” at the ALB Japan In-House Legal Submit 2022 in Tokyo, June 2022. She recently also conducted a training session on “Contours of Public Policy in India” at Institute of Law, Nirma University.
Binsy has often been commended for the quality of her advice and leadership skills by clients, co-counsels and senior lawyers outside the firm:
“Binsy is a very matured and seasoned professional, with excellent communication skills. Given that our case was a cross border case involving India, Singapore, USA and Brazil, she handled the coordination very effectively and ensured effective collaboration. She is very thorough in her job with eye on details, very responsive and completely available for our case. She ensured and gave us a sense of belief that they were extremely committed to ensure our success. No doubt Binsy is a Rising star not just in India but globally.”
“She has an excellent strategic mind and while she is very knowledgeable about the details of the case, she is also able to see the big picture and understand what the client needs from a strategic perspective to achieve a favourable outcome. Binsy is always calm and collected and the written work product from her and her team is of great quality.”
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Select Experience Statement
- Representing and advising a leading Indian IT Services, Solutions & Distribution Company in two ad hoc arbitrations against a statutory authority in relation to one of the largest largest systems integration contracts in the world (valued at USD 240 million). The disputes relate to validity of a unilateral extension of the contract, payment of dues and unlawful deductions by way of alleged breach of highly technical SLAs related to information security, operations, logistics and biometrics. The Arbitral Tribunal has issued two partial final awards on liability in favour of our client.
- Representing and advising a global telecom conglomerate, a Singaporean entity, and an Indian telecom company in a London seated arbitration under the American Arbitration Association (AAA) rules, with governing law of the state of New York. The matter pertains to alleged breaches of a services agreement for provision of cloud communications platform, its unlawful termination, and tortious claims for alleged disruption of services. The Arbitral tribunal has issued a final award in favour of our client in April 2022 and has directed the opposite party to pay unpaid dues and damages.
- Representing and advising a Singaporean entity and its Brazilian subsidiary in a Sao Paulo seated arbitration under the Rules of the Center for Arbitration and Mediation of the Chamber of Commerce, Sao Paulo (CAM-CCBC), with Brazilian governing law. This is a corporate dispute with a Brazilian company regarding shareholder rights and majority control. The Arbitral Tribunal has issued a partial award on liability in favour of our client in July 2022.
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- Representing and advising a leading French industrial gases manufacturer in USD 530 million (INR 40 billion) dispute against a leading Indian steel manufacturer concerning construction of two cryogenic air separation plants on BOO basis. The Arbitral Tribunal has issued interim partial awards on liability and costs in favour of our client, held termination by the client to be valid and ordered takeover of the facility.
- Representing & advising WhatsApp LLC and Meta Platforms Inc. in a constitutional challenge to the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 IT Rules”). This matter is at the intersection of law and technology and will have significant implications for social media platforms/intermediaries using the end-to-end encryption technology.
- Representing & advising WhatsApp and Meta before the Supreme Court in a sensitive public interest litigation relating to circulation of child pornographic and gang rape videos on social media and formulation of guidelines for social media intermediaries to restrict, curb and take down such content.
- Representing & advising WhatsApp and Meta before the Delhi High Court in several challenges pertaining to WhatsApp’s update to its Privacy Policy and Terms in 2021. The update, rolled out in 2021, has attracted intense scrutiny globally, and including from Indian government and regulatory authorities, particularly on WhatsApp’s data sharing practices with Meta.
- Representing and advising South Asia LPG Ltd. (a joint venture between Bharat Petroleum and Total Holdings India) before the Supreme Court and the National Company Law Appellate Tribunal in a matter relating to abuse of dominance and compensation.
- Representing and advising an Indian EPC company and its English subsidiary in a litigation before the Technology and Construction Court, London regarding a dispute on the construction of the world’s largest LDPE plant.
- Representing and advising an Indian EPC company and the employer in disputes against its contractor, a government owned engineering and manufacturing company regarding construction of 2*600MW thermal power station in India. The claims were to the tune of USD 6 million (INR 450 million).
- Representing and advising a consortium of Indian oil company in a dispute against a natural gas manufacturing company in relation to construction of a standby jetty for South-East Asia’s first LNG Receiving and Regasification Terminal before an ad hocarbitral tribunal.
- Representing and advising a Korean EPC contractor before Dispute Adjudication Board for claims valued at over USD 40 million against an employer arising out of an EPC contract based on the FIDIC conditions of contract. The agreement is an EPC Contract for one of India’s largest suspended cable bridge construction projects.
- Representing and advising India’s largest public sector oil and gas explorationand production company in an arbitration arising out of an oil exploration contract in Brazil, which involved complex technical issues concerning drilling operations and sharing of joint operating expenses.
- Representing and advising a large American sewer pipeline rehabilitation company and its Indian subsidiaries in relation to disputes with its joint venture partner. Binsy also represented the company in claims against public sector utilities, municipal authorities and private parties. This included an ICC arbitration, LCIA arbitration, ad hoc arbitration and challenge proceedings before courts in India.
- Representing and advising one of the world’s largest telecommunication company in arbitration proceedings relation to its USD280 million dispute regarding acquisition of another telecom licensee. The dispute was resolved by a favourable settlement for the client for USD 280 million (INR 21 billion).
- Representing and advising a major passive infrastructure company in various rounds of litigation and two separate arbitration proceedings before Arbitral Tribunal against a joint venture of a Norwegian telecom company involving claims of USD 530k (INR 40 million).
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A detailed experience statement can be shared on a confidential basis.
Professional Memberships
- Bar Council of Delhi, India
- Supreme Court Bar Association (SCBA)
Education
- B.A.LL.B (Hons.), National Law Institute University (2005)
- LL.M., New York University School of Law, (2008)
