Asia Law Bio Book

7/25/2019 Asia Law Bio Book

1/18

Agenda &

speakerbiographies

May 31 2011 Rafes Hotel, Singapore

In association with:

Joint sponsors:

The 2nd Annual

India Foreign Direct Investment Forum

Government InItIatIves:

how they can work for you


2/18

2

InDIA ForeIgn DIrect Investment Forum Agenda

Continued

8.30-9.00 rgii

9.00-9.05 Welcome IFLR/Asialaw

9.05-9.15 KeYnote aDDress KK Sharma, adviser (Law) and former director general, Competition Commission of India Government

initiatives to sustain Indias high-growth strategy

9.15-10.00 PlenarY sessIon Idi dii dd hd y c rik Crystal ball gazing into Budget 2011

Liberalisation of FDI too little, too late?

FDI vs. FTAs tough balancing act

Will Special Economic Zones (SEZ) still be special?

Challenges of urbanisation opportunities for FDI

Government of India (GOI) initiatives foreign investors meeting specied KYC standards can invest into SEBI registered

mutual funds how attractive is this and how will it impact the stock market?

Outbound investment by India companies challenges, etc.

Challenges faced by investors investing into India

spk:

Dane Chamorro,director of global risk analysis, Asia-Pacic, Control Risks (moderator)

Patrick Lord, managing director, Control Risks India

Jai S Pathak,partner-in-charge, Asia-Pacic region, Gibson Dunn

A Bobby Ladwa, director, capital markets legal, Barclays CapitalKanad S Virk, chief operating ofcer, Standard Chartered IL & FS Asia Infrastructure Growth Fund

10.05-10.50

InternatIonal Investors enjoY caPItal marKet GaIns

Return of good times capital markets far more active than they have been i.e. lots of QIPs

Indian issuers targeting international investors due to underdeveloped domestic retail market / Participatory Notes FII

issuance/renewal/cancellation/redemption Sebi concerns

Innovative nancings case studies Coal India IPO; SBI bonds issuance (targeting US and Europe/Asia investors,

respectively)

Other key developments rst Indian listing by a foreign company / development of Indian Depository Receipt product;

largest overseas listing by Indian business

Government disinvestments legal challenges of taking companies public

spk:

Jyotirmoy Banerjee, senior legal counsel, Wholesale Banking Legal, Standard Chartered Bank

Timothy Pitrelli, assistant general counsel, Merrill LynchArun Balasubramanian, partner, Linklaters

Dilip Kadambi, director, head equity capital markets India and South East Asia, RBS Bank, Singapore

10.50-11.00 mig k

11.00-11.45 joInt ventures offer fDI HoPe hosted by AZB & Partners

JV developments key to arresting FDI decline i.e. foreign rms may no longer have to provide no-objection certicates to

set up separate entities

Indias new foreign bribery bill what risks do you need to take into consideration when thinking about a new JV partner;

how can you mitigate those risks

Lessons learned from recent JV collapses

Framing JV contracts issues to be addressed i.e. reluctance to share key technology, brand confusion, domestic party

seeking expansion beyond Indian soil

spk:

Zia Mody, co-founder, AZB & Partners (moderator)Geraint Hughes, partner, Clifford Chance

Kevin Chee, country head, India, CapitaMalls Asia

11.50-12.35 WHere to resolve Your DIsPutes hosted by Nishith Desai Associates

Changes to Indian arbitration law GOI consultation paper

Although FDI levels have dropped slightly, JVs on the increase what to do / not do with dispute clauses in JV contracts

Overview of recent decisions of courts in India given rise of Indian disputes being resolved through arbitration, mediation

and litigation in Singapore i.e. Venture Global vs. Satyam

Court decisions have necessitated higher degree of caution when assessing risk of litigation in India impact on dispute

clauses and enforceability of international awards against assets in India

Merits of Singapore as centre for international arbitration latest SIAC statistics on disputes involving Indian parties

spk:

Vivek Kathpalia, partner-in-charge, Nishith Desai Associates (moderator)

Vyapak Desai, head of international litigation and dispute resolution, Nishith Desai AssociatesAnkit Goyal, head of South Asia desk, Singapore International Arbitration Centre


3/18

3

InDIA ForeIgn DIrect Investment Forum Agenda

12.35-13.35 lh

13.35-14.20 InDIan lIstcos ProvIDe m&a boost hosted by Phoenix Legal

Investing in India: what to watch out for/a practical perspective

Vodafone and Richter Holding: increased spotlight on Indian tax issues

Regulations of combinations, the impact on cross border M&A on India Inc

TRAC recommendations: recoding public M&A Sectoral developments in key sectors

Option and pre-emption rights in public companies: see-sawing continues

spk:

Abhishek Saxena, partner, Phoenix Legal (moderator)

Saket Shukla, partner, Phoenix Legal

Jyotirmoy Banerjee, senior legal counsel, Wholesale Banking Legal, Standard Chartered Bank

Jim Kuykendall, deputy general counsel Asia-Pacic, Imerys

14.25-15.10 WHat merGer control ProvIsIons mean for comPetItIon hd y P&a lw o

Impact of Indias new merger control provisions, and how to benet from pre-merger consultation and so-called reduced

time-line

Compliance issues raised by the Competition Act and their impact on business and investment in India implications

arising from notication of Sections 5 and 6 of the Act on potential M&A; inherent loopholes

Understanding CCI function tough balancing act between serious upholder of competitive markets and facilitator of

domestic and cross-border M&A

Case study on handling big-ticket M&A deals lessons for CCI from Mofcom experience with Coca Cola/ Huiyuan Juice

spk:

Anand S Pathak, managing partner, P&A Law Ofces (moderator)

KK Sharma, adviser (Law) and former director general, Competition Commission of India

Sbastien Evrard, partner, Jones Day

Kala Anandarajah, partner, Rajah & Tann

15.10-15.20 a k

15.20-16.05 tax sYstem In flux hosted by Uteem Chambers

Tax system in ux Budget 2011 how will industry respond to withdrawal of specic tax benets for SEZ developers, and

changes to service tax regime?

Controversial Direct Taxes Code Bill (DTC) to be implemented in 2012 how it will impact the way foreign investors dobusiness in India / future role of Mauritius as a tax haven (traditionally catches 80%+ of FDI)

Foreign investor concern over proposed general anti-avoidance rules (GAAR) how real is threat of corruption if tax au-

thorities granted wide discretionary powers?

To what extent is tax avoidance now frowned upon as much as tax evasion GOI reviewing tax treaty with Mauritius

New dispute resolution methods i.e. specialised tax tribunal

spk:

Muhammad Uteem, founder and head, Uteem Chambers (moderator)

Vijay K Dhingra,managing director, India Tax Services, Deloitte

16.10-16.55 PrIvate equItY: a DomestIc or InternatIonal future hd y ji cp

A challenging year funding difculties, valuation related issues and sweeping changes in regulation

popular sectors for PE investment include infrastructure, renewable energy, education and micronance

Restructuring of investments what options exist for investors; growth of Pipes

Potential impact of DTC overriding tax treaty with Mauritius (where 42% of India-investing funds are domiciled); what are

the alternatives?

Mauritius Limited Partnerships Bill the benets of exible structures and limited liability for investors

Does the Sequoia/ WestBridge episode suggest that the future of PE in India is homegrown independent rms?

spk:

H Jayesh, founder partner, Juris Corp (moderator)

Andrew Martin, principal, Baker & McKenzie.Wong & Leow

Mahim A Chellappa, principal, Tembusu Partners

16.55-17.00 closInG remarKs IFLR/Asialaw


4/18

4

InDIA ForeIgn DIrect Investment Forum Keynote speaker

KK shr

Advisor (Law) and former director general, CCI

Kaushal Kumar Sharma, advisor (Law) in-charge of merger control & former director general of the

Competition Commission of India (CCI), has the unique distinction of being involved in drafting the law and

regulations on competition law and its actual implementation in India. In addition to being credited with the

first investigations under the competition law in India, as the first director general of CCI, after commencement

of enforcement of competition law, he also contributed to drafting of a discussion paper on National

Competition Policy for India.

After having done B.E. (Mech. Engg.) and M.E. (Mech. Engg.) from Indian Institute of Technology (IIT),

Roorkee, he did LL.B. and M.A (Economics). He also has a PG Diploma in Economics for Competition Law

from Kings College, London. A meritorious student, Sharma was always amongst the top position holders

during his studies.

He is doing Ph. D. in competition law from Bangor University, UK. He is also writing a dissertation for MA

in Economics for Competition Law from Kings College, London, under the supervision of internationally

acclaimed competition law economist, Dr Mike Walker.

Sharma, who initiated many path breaking and historical financial investigations and carried them out

successfully, has a consistent track record of an outstanding financial investigator. He has done extraordinary

work in the area of international taxation. He brought income of more than ` 50 billions (or $1 billion) into

the tax net by investigating foreign lead managers/ under-writers of Global Depository Receipt Issues of Indian

corporates. The investigations covered top 63 corporate houses from corporate India.

Sharma is one of the 25 members of Research Project Partnership (RPP) platform of UNCTAD. He has beenrequested to edit the Indian merger control chapter of Global Competition Review.

He is very passionate about competition law and committed to make CCI a model competition authority in the

world.

Tel: +91 9911411098

Email: [email protected]


5/18

InDIA ForeIgn DIrect Investment Forum Speakers

5

K anndrh

Partner, Rajah & Tann

Kala Anandarajah has over 20 years of practice and has been a partner at Rajah & Tann for over a decade. She

practices in the field of competition, trade, corporate, corporate governance, employment, and environmental

laws.

The Asia Pacific Legal 500notes that Kala Anandarajah is a leading authority in corporate governance,

compliance and competition issues . She is cited as amongst the Best of the Best Women in Business Law

2010 for her work in antitrust and competition law and for corporate governance. She has also been cited as a

leading antitrust lawyer by the The International Whos Who of Competition Lawyersfrom 2006 to 2011 and the

EuromoneyGuide to the Worlds Leading Competition and Antitrust Lawyersfrom 2006 to 2011.

Specifically on antitrust, the team she heads is a Tier 1 practice and has been voted for 3 consecutive years

as Xompetition Law Firm of the Year by ACQ Finance 2008, 2009 and 2010. On anti-trust, Kala has been

involved in almost every major competition matter in Singapore as well as in the region, including headline

making cases, such as in the first appeal to the Competition Appeals Board, the first price fixing cartel in

Singapore, the international airline cargo fuel surcharge cartel, and the first abuse of dominance decision. She

has also been active on the regulatory side and drafted the Airport Competition Code on anti-competitiveness

and dominance. She advises extensively in the region (working through local associates) and travels frequently to

Malaysia, Indonesia, Vietnam, Thailand, Hong Kong, India and more.


arn brnin

Partner, Linklaters, Singapore

Arun is a US and India qualified lawyer whose corporate experience includes capital markets and corporate

transactions such as securities offerings and other financings, mergers and acquisitions, spin-offs, joint ventures,

private equity transactions, corporate restructurings and general corporate advisory matters. Arun is widely

ranked as a top tier lawyer for India capital markets transactions, and his India related transactions include:

the rst-ever issue of Indian Depository Receipts, by Standard Chartered PLC;

Essar Energys $2 billion London IPO and listing;

four of the largest IPOs in Indian history: the $2.2bn IPO of DLF Limited, the $1.9 billion IPO of

Cairn India Limited and the $1.4bn IPOs of Tata Consultancy Services and National Thermal PowerCorporation;

the IPOs of Future Capital Holdings, Tech Mahindra, Akruti Nirman, Sun TV and follow-on offerings

by ONGC, IPCL, Punjab National Bank and HDFC Bank; and the proposed IPOs of Reliance Infratel,

Jaiprakash Power Ventures, Emaar MGF, Lodha Developers and Intas Pharmaceuticals;

a number of qualied institutions placements including placements by Tata Motors, Suzlon, YES Bank,

Larsen & Toubro, Unitech Limited, Hindustan Construction Company, Infrastructure Development

Finance Company and Kotak Mahindra Bank;

GDR/ADR offerings by issuers such as Tata Power, Larsen & Toubro and HDFC Bank;

the $700 million AIM listing by Unitech Corporate Parks plc, the largest AIM fund raising backed by

investment assets in India; and

liability management exercises by companies such as Suzlon, Tata Motors, Tata Steel and Emaar MGF.

Continued


6/18


6

In addition to his India practice, Arun has an active capital markets practice in South-east Asia. Recent

transactions include:

the IPO of Amtek Engineering on the SGX-ST;

the spin-off by Singapore Airlines of SATS;

rights offerings by Capitaland, Neptune Orient Lines and Keppel Land;

follow-on and secondary placements of securities by companies such as Genting and Rafes; and

proposed REIT and business trust listings in Singapore by leading overseas developers.

jyoiroy bnr

Senior legal counsel, Wholesale Banking, Standard Chartered

Jyotirmoy Banerjee is senior legal counsel in Wholesale Banking. Jyotirmoy joined Standard Chartered Bankin February 2010 from OMelveny & Myers LLP in Singapore where he focused on capital markets and US

securities laws. Prior to that, Jyotirmoy was in Lehman Brothers Equities Legal division in New York and before

Lehman he worked in Shearman & Sterlings New York office as a member of the capital markets and corporate

transactions practices. His experience also includes working in the additional Solicitor Generals office in New

Delhi and practicing before the Supreme Court of India. Jyotirmoy is qualified in both New York and India.

Tel:: +65 6596 5580


Dn chorroDirector, global risks analysis, Asia Pacic, Control Risks

Dane Chamorro is director for global risk analysis Asia Pacific of Control Risks responsible for a team of ten

analysts and consultants across the region. Prior to his current role Dane was managing director of Control

Risks North Asia territory covering Greater China, Korea and Mongolia from 2007-10 and before that the head

of the China investigative practice.

Dane is a former US diplomatic officer and trade representative who has lived in Asia for 20 years. Prior to

joining Control Risks, he ran his own investigative consultancy based in Singapore and worked as regional

government programs manager (Asia Pacific) for the Swiss group Societe Generale de Surveillance, developing

anti-corruption and tax evasion programs in South and South East Asia. He also worked as a strategicconsultant for the Hong Kong office of Chicagos Technomic Consultants where he managed investigative

consultancy projects in China for multinational clients.

Before becoming a consultant, Dane worked in government relations for the worlds largest nuclear fuel trading

firm and was heavily involved in public affairs work with the American Chamber of Commerce in Hong Kong,

lobbying both the US and Chinese governments on issues of concern to the business community. In this

role he capitalised on his former career as a US diplomat and trade representative where he was a specialist in

overseas Chinese affairs.

Dane is an honours graduate of Georgetown Universitys School of Foreign Service, the US Army Intelligence

School, and did two years of graduate research on comparative Asian political-economy and security issues at

the University of California. He speaks mandarin chinese and is a Certified Fraud Examiner, as well as a regularregional columnist on issues of business risk.


7/18


7

Kin ch

Country head, India, CapitaMalls Asia Limited

Kevin Chee is country head, India for CapitaMalls Asia Limited (CMA). Based in Bangalore, India, he

is responsible for developing CMAs retail franchise in India including investments and development and

management of a portfolio of retail properties across India. His background in real estate and finance has

been developed through various positions held over the last 14 years. He has an in-depth understanding of

commercial real estate garnered through various experiences such as listing and managing a Singapore real estate

investment trust, managing two of the most prime shopping malls along Orchard Road, Singapores prime

shopping district and acquiring and managing a portfolio of Japanese assets.

He started his career as a financial analyst with the Royal Dutch Shell before moving to investment banking at

Barclays Capital and JP Morgan focusing on international M&A advisory and capital markets. Prior to joining

CMA, he was the senior vice president, asset management in YTL Pacific Star REIT Management Limited,

responsible for the strategic management of Starhill Globals portfolio of assets across Singapore and Japan.

mhi chpp

Principal,Tembusu Partners

Mahim is a senior team member of Tembusu Partners Pte. Ltd., a Pan Asia private equity fund with over S$300

million AUM. Mahim helps evaluate, structure, monitor and manage growth equity investments, primarily in

South East Asia and India.

Before joining Tembusu Partners in January 2010, he was director at Jefferies Singapore, where he advised SouthEast Asia clients on M&A and capital raising transactions, including private equity, mezzanine debt, and high

yield bonds. His clients included Bakrie Sumatera Plantations, Bakrie Telecom, and many other companies

focused on the Natural Resources, Energy, Real Estate, Industrials, Biotech, Shipping, and Clean Tech sectors

within the region.

Formerly director at Credit Suisse First Boston and vice president at Salomon Smith Barney (Citigroup) in New

York, Mahim has advised over 100 global clients across many industries. His product expertise includes private

equity, leveraged finance, M&A (both sell-side and buy-side) and derivatives.

Prior to receiving his MBA in Finance from Cornell University, he worked for the Federal Reserve Boards

International Finance Division in Washington, DC, and NERA Economic Consulting. Prior to receiving his

BA in Economics cum laudefrom Carleton College in Northfield, Minnesota, he was awarded an internship onCapitol Hill.


8/18


8

vypk Di

Head of international litigation and dispute resolution,Nishith Desai Associates

Vyapak Desai heads the litigation & dispute resolution practice at the multi-skilled, research-based international

law firm, Nishith Desai Associates (www.nishithdesai.com) with offices in Mumbai, Silicon Valley, Bangalore,

Singapore, Basel and New Delhi. Vyapak is also a senior atorney in the corporate and securities practice group

at the firm.

Vyapak holds a Bachelors degree in law and a Masters degree in Commercial Laws (corporate, labour and tax)

from Gujarat University. He is also a trained mediator.

Vyapak represents clients in a wide-range of services with a special focus on cutting edge cross-border and

complex litigations and international commercial arbitrations. He has extensive experience advising clients with

creative and pragmatic solutions in order to attain effective dispute resolution strategies. He is a leading attorney

in the advisement and representation of clients involved in media, entertainment, franchising, oil and gas, and

financial services sectors for pre-litigation strategies, arbitrations and litigation before various forums including

the Supreme Court, High Courts and Tribunals of India.

Vyapak advises clients on several Indian and international public offerings, fund investments, mergers &

acquisitions, PIPE deals, issues related to corporate and securities laws, foreign direct investment and other

exchange control laws.

Vyapak is often on the speaker circuit for both domestic and international conferences including In-house

Congress conference and Asialaw/IFLR Conference on Cross Border Dispute Resolution, India Venture

Capital Journal Conference and SME Development Chamber of India Conference on Legal aspects for ForeignInvestments in India and the Lexis-Nexis Conference on the Enforcement of Foreign Arbitral Awards in India.

Desai has authored many articles on implications of various rulings on securities laws, shareholder remedies in

cases of fraud and issues regarding the doctrine of priority of state debts etc. Vyapak is a member of arbitration

committee of the International Bar Association and the Bar Council of Maharashtra & Goa.

Tel: +91 22 66695000


viy K. Dhingr

Managing director, India Tax Services, Hong Kong, Deloitte AP ICE Limited

Vijay is a qualified chartered accountant from India. He is a managing director with Deloitte AP ICE Limited

and is based in Hong Kong. Deloitte AP ICE Limited is a unique Deloitte initiative for the Asia Pacific

region for providing comprehensive international tax consulting services to Asia Pacific based companies

investing abroad as well as multinational companies investing in Asia Pacific. It has a team of over 21 senior tax

professionals from 13 jurisdictions who have relocated to Hong Kong solely to focus on the region. Vijay is the

leader of the India desk.

Vijay has more than 15 years of rich experience in advising clients in the areas of:

Mergers and Acquisitions;

International Tax;

Corporate Tax;

Continued


9/18


9

Indian exchange control legislation;

Indian Foreign Direct Investment regulations; and

Corporate law.

Vijays relevant experience includes providing advisory services to foreign entities in relation to their India entry

strategy, tax due diligence and related transaction support; and to Indian entities in relation to acquisitions

and re-organizations. His clientele spreads across various industries such as media, nancial services, energy,

healthcare, consumer business and transportation, amongst others.

Vijay has contributed to several articles in international journals and has been a speaker at various Indian and

international conferences.

Tel: +852 2852 1078 / + 91 98214 13242


sin j errd

Partner, Jones Day

Sbastien Evrard is a partner in Jones Days Beijing office. He handles complex antitrust matters relating to

China and the European Union, including merger control, nonmerger investigations, and litigation.

His practice also focuses on the antitrust aspects of intellectual property rights. His experience spans a

wide range of industries including mining, media/entertainment, software/hardware, telecommunications,

pharmaceuticals, transport, and fast moving consumer goods (FMCG).

In Europe, Sbastien has represented clients before the European Commission; competition authorities in

Belgium, France, Luxembourg, The Netherlands, and the U.K.; and before various other regulatory bodies such

as telecom regulators and/or Consumer Ombudsmen in Belgium, The Netherlands, the Nordic countries, and

the U.K. He also has represented clients before courts in Belgium, France, and Germany.

Representative clients include Abbott, Adobe, American Airlines, Apple, Dell, Entreprise des Postes et

Tlcommunications, ICANN, KPN Group, Procter & Gamble, SanDisk, SES ASTRA, and Viacom/MTV.

Sbastien practiced in Brussels and New York before joining Jones Day in 2003. During that time, he developed

experience with all aspects of intellectual property (copyright, trademarks, patents, databases) and information

technology (computer law, computer crime, privacy, and e-commerce).

He has published several articles related to competition law, intellectual property, and information technology;

is a frequent speaker at international conferences; and has served on the board of the Brussels Young Bar

Association.

He is a co-author of the forthcoming book on Anti-Monopoly Law and Practice in China.

Tel:(86-10) 5866 1112



10/18


10

anki Goy

Head (South Asia) & counsel, Singapore International Arbitration Centre

As head (South-Asia) and counsel with the Singapore International Arbitration Centre (SIAC), Ankit is actively

involved with the promotion of SIAC in the South-Asia region and also assists in case administration and

undertakes research on comparative laws of arbitration in Asia. He is a member of the Singapore Institute of

Arbitrators (SIARB) and the Singapore Corporate Counsel Association (SCCA).

Ankit is a qualified lawyer from India, called to the Indian Bar in August 2004. He obtained his Bachelor of

Commerce and Bachelor of Laws degrees in 2001 and 2004 respectively from Panjab University in India.

After being called to the bar he worked for four years in the dispute resolution and commercial litigation teams

of two law firms in New Delhi, India. As a senior associate in the disputes team of a major Indian law firm, he

has had extensive exposure to a wide range of commercial, regulatory and arbitration matters and was actively

involved in advising multi-national corporations in cross-border disputes.

Prior to joining SIAC, Ankit obtained his LL.M in International Business Law from the Faculty of Law,

National University of Singapore in 2009.

Tel: +65 6221 8833

Grin Hgh

Managing partner, Singapore, Clifford Chance

Geraint is head of Clifford Chances South and South East Asia practice and head of the firms regional energyand infrastructure group. Geraint, who is graduate of Kings College, London, is currently based in Singapore,

having previously worked in London and Hong Kong.

Over the past twenty years, Geraint has been involved on a range of joint venture, M&A, capital raising and

dispute resolution matters involving India and Indian companies globally with a particular focus on the oil

and gas and mining sectors.

Geraint has worked on deals in over 60 countries for a range of national champions, multinationals, funds and

investment and policy banks.

Geraint is rated one of the top 100 lawyers in UK and top 50 in Asia.

Tel: +65 6410 2212



11/18


11

H. jyh

Founder partner, Juris Corp

H. Jayesh an expert in the field of financial services is amongst the leading practitioners in India in the areas of

bankruptcy and restructuring, capital markets, dispute resolution, M&A, private equity & JVs and structured

finance and is the pre-eminent practitioner in India for derivatives and structured products. Jayesh has extensive

transactional experience in inbound and outbound foreign investment, private equity transactions, mergers

and acquisitions, joint ventures, synthetic foreign direct investment, acquisition financing, leveraged buy-outs,

collateralised debt obligations, sponsor financing, restructuring, etc.

He is an Advocate, Solicitor, Diploma holder in Business Finance and a Chartered Financial Analyst. Jayesh

founded Juris Corp in October 2000 and has made Juris Corp, the law firm in India for complex financial

transactions including structured products and structured finance.

Jayesh also has been a regular contributor of articles on arbitration, banking, capital markets, insurance, private

equity and structured finance to various law journals. He has been ranked in the top tier by various legal

directories for banking & finance, capital markets, real estate: funds, real estate: FDI and structured finance and

has addressed various topics on current legal and regulatory topics at various seminars and conferences held in

India and offshore including those organised by ABA, ISDA, APLMA, NYSBA and SIFMA.

Tel: +91 22 4057 5555


vik KhpiPartner-in-charge, Nishith Desai Associates

Vivek Kathpalia is a partner and heads the Singapore office of the multi-skilled, research-based international

law firm, Nishith Desai Associates (www.nishithdesai.com) with offices in Mumbai, Silicon Valley, Bangalore,

Singapore, Basel and New Delhi. He is partner in-charge of the dispute resolution, commercial law and joint

ventures practice. He also has a strong focus on intellectual property laws and the information technology,

telecommunication and media and entertainment industries.

Vivek represents clients in various cross border litigations and arbitrations, both domestic and international, in a

wide-range of sectors including technology, intellectual property, telecom, broadcasting and real estate. Vivek also

has a leading commercial law and cross-border joint ventures practice and advises clients on investment strategies

to optimise entry strategies and structures as well as M&A transactions.

Vivek actively publishes articles on dispute resolution, technology laws, intellectual property rights, business

process outsourcing, media & entertainment and other areas. He is a leading attorney in various legal, tax and

regulatory issues and is often invited to speak at conferences both in Singapore and internationally.

Vivek earned a Bachelors degree in Law from the Government Law College, Mumbai and is a Solicitor

affiliated with the Bombay Incorporated Law Society. He serves on the executive committee of the Franchising

Association of India and is a member of the Bombay Bar Association, Bar Council of Maharashtra & Goa and

the International Bar Association. Vivek is a registered foreign attorney in Singapore.

Tel: +91 22 66695000



12/18


12

ji Kyknd

Deputy general counsel, Asia-Pacic, Imerys

Jim Kuykendall is deputy general counsel, Asia-Pacific for Imerys Group. Imerys is the world leader in

industrial minerals with operations in 47 countries including 116 mines (240 total industrial and commercial

sites), and 29 mineral groups. Imerys mines and processes minerals from reserves with rare qualities to

develop solutions that improve customer product performance and manufacturing efficiency. Imerys products

serve industries such as construction, personal care, paper, paint, plastic, beverage, ceramics, rubber and

telecommunications. Prior to his current role, Jim was corporate counsel,North America for Imerys and senior

counsel for DS Waters (a Danone Suntory company). Jim is a US licensed lawyer based in Singapore.

Tel: +65 9008 3715


a. boy ldw

Director, Capital Markets Legal, Barclays Capital

Bobby Ladwa is a director in the Capital Markets Legal team covering the Barclays Capital DCM, ECM and

M&A advisory businesses in the Asia-Pacific region.

Bobby is qualified as a solicitor in England and Wales as well as Hong Kong with over 12 years of experience, of

which 8 years have been in Asia-Pacific. Prior to joining Barclays Capital, Bobby trained and qualified with Clifford

Chance in London having also worked at Clifford Chances Hong Kong, Singapore, Tokyo and Dubai offices.

Education: BA and MA Law (Sc), Gonville & Caius College, The University of Cambridge.


Prik lord

Managing director, India, Control Risks

Patrick took up his post as managing director of Control Risks India in December 2008. He is responsible for

Control Risks delivery of independent political, integrity and security risk consultancy throughout South Asia,and manages the companys growing team of experts and consultants from offices in Delhi and Mumbai. Before

moving to India, Patrick was Control Risks country manager in Pakistan, based in Islamabad. In this role he

was responsible for supporting and advising clients on the operational risks and challenges of working in the

country. From 2005 to 2007 Patrick worked in Control Risks London headquarters as part of its Middle East,

Afghanistan and Pakistan team, advising our government and commercial clients operating in the region.

Before joining Control Risks, Patrick was a journalist and publisher at the Financial Timescovering a number

of countries, industries and global issues for its series of in-depth reports. He also served in the British Army,

including an operational tour in southern Iraq.

Patrick studied Classics and English at Oxford University and was awarded a Double First. He speaks French,

conversational Spanish and basic Urdu/Hindi.



13/18


13

andrw mrin

Principal, Singapore, Baker & McKenzie.Wong & Leow

Practice description

Andrew has a wide portfolio addressing all aspects of a corporate/commercial practice including M&A,

commercial contracts, corporate compliance and governance and general corporate advisory matters. He has

been particularly involved in the drafting and negotiation of contractual documentation for cross-border joint

ventures and mergers and acquisitions in the Asia-Pacific region.

Representative clients, cases or matters

Andrews experience includes advising:

- Conducting a corporate governance audit on a 45/55 telecommunications joint venture between a large

European multinational and the government of a South Asian state. Providing comprehensive analysis

and suggestions for improvement in operation of board, shareholder communications and certain internal

systems.

- Assisting on US Foreign Corrupt Practices Act audits for regional HQ of large US multinationals with

manufacturing and distribution operations across Asia-Pacific.

- Providing training in Singapore for US multinationals on local anti-corruption laws in Asia-Pacific as part of

FCPA training roll-out.

- Regular advisory work on local anti-corruption laws and acting as co-ordinating counsel for Asia-Pacific

advisories and surveys.

Presentations

- Indian Outbound Investment: The Key to Success; Cross-border M&A - Strategy and Tactics Panel

Discussion In collaboration with the Bombay Chamber of Commerce and Industry; July 2008

- M&A: Auction Sales Strategy presentation to selected clients Delhi and Mumbai, September 2007- Discussion Leader & Chairman of Panel for M&A Workshop Singapore In-House Counsel Congress, 27

February 2003, 10 February 2004, 22 February 2005 and 14 February 2006

- Expanding Overseas: Key Issues In Cross-Border M&A In-House Congress Mumbai 12 May 2005 and

12 September 2006

- Looking South: Opportunities and Contrasts in Approach Singapore Asian In-House Counsel Summit,

Hong Kong, 15 March 2006

Tel: +65 6434 2507


Zi mody

Co-founder, AZB & Partners

Zia Mody is the founder and senior partner of AZB & Partners and one of Indias foremost corporate

attorneys. She passed her law degree from the University of Cambridge in 1978. She was enrolled as an

Advocate with the Bar Council of Maharashtra & Goa in 1978 and did her LLM from Harvard Law School.

She was then admitted as a member of the New York State Bar by examination in 1980 and has practiced in

Indian courts for over 15 years.

Her expertise includes corporate mergers and acquisitions, securities law, private equity and project finance,

BPO related work, litigation and dispute resolution.

Zia is a non-executive director of the HSBC, Hong Kong. She is a vice president and member of the London

Continued


14/18


14

Court of Arbitration (LCIA) and a member of the CII National Council on Corporate Governance and

Regulatory Framework, the CII Committee on Capital Markets, the CII Committee on Financial Services, the

CII Committee on Legal Services and the CII Committee on Mutual Funds. She is also a Trustee of the BahaiSchool, New Era High School, in Panchgani.

Among her many awards, she has been voted as Business Woman of the Year, 2010 by the Economic Times,

for which she was recently felicitated by The Society of Indian Law Firms (SILF). She has also been voted by

the Economic Timesas one of the countrys most powerful CEOs (2004 to 2008), and as one of the 15 most

powerful Indian women leaders in 2010. She has been selected as one of the 25 most powerful women in

business by Business Todayin 2004, 2006, 2007, 2009 and 2010.

ji s. Phk

Partner-in-charge, Asia-Pacic region, Gibson Dunn & Crutcher

Jai S. Pathak is the partner-in-charge of the Singapore office of Gibson Dunn & Crutcher and is also located in

Gibson Dunns Los Angeles office. Pathak is a member of the firms corporate department and its mergers and

acquisitions practice group.

Pathak has extensive experience in cross-border mergers and acquisitions, takeovers, dispositions, privatizations,

joint ventures, licensing, infrastructure development, as well as private equity and structured finance

transactions. He has significant experience in the telecommunications, IT, banking, hospitality, oil/gas,

pharmaceutical and chemical industries. His clients have included governments, financial institutions,

investment banks, multinational companies and US, European, and Asian companies. His practice has

included projects in India, Southeast Asia, the US, Europe, Latin America, Canada, Australia, China and South

Africa.

Pathak previously practiced with Jones Day since 1985, where he was a partner heading the transactional

practice in Los Angeles and coordinating the M&A section for the California region. He previously served

as head of that firms India practice and partner in charge of the Singapore office. He also spent more than a

decade practicing in Jones Days London, New York and Cleveland offices.

Chambers & Partners2011 ranks Pathak as a leading lawyer for Corporate/M&A in both India and Singapore.

Mr. Pathak won the Best Corporate Lawyer award atAsian Legal Businesss Legal Whos Who Singapore

2003. He was presented the National Law Day Award 2001 by the Indian Council of Juristsfor his unique

contribution to the development of Indian corporate law. In addition, Pathak was also named by The American

Lawyer in its February 2009 issue to its list of the Top 20 Lateral Partner Hires for 2008.

Pathak graduated from law school (B.A. (Hons. in Jurisprudence)) from Oxford University in 1984 (M.A.,

1989) and received his LL.M from the University of Virginia in 1985. He previously earned his B.A. (Hons.)

and M.A. degrees from the University of Delhi and Jawaharlal Nehru University, New Delhi, India.

Pathak is admitted to practice law in Delhi, India and the State of Ohio.

Tel: +65 6507 3683



15/18


15

annd s. Phk

Managing partner, P&A Law Ofces

Anand Pathak is the managing partner of P&A Law Offices, New Delhi. He is a specialist in international

M&A and competition laws and practices in the areas of US, European and Indian mergers, acquisitions

and joint ventures, and technology licensing, distribution and agency arrangements. He has extensive

experience in advising clients on the full range of US, European and Indian legal issues in connection with

international mergers and acquisitions, privatizations, technology licensing, distribution, franchising and agency

arrangements, and European and Indian laws on competition, trade and intellectual property.

Prior to joining P&A Law Offices in New Delhi, Anand was a lawyer in the Brussels, Cleveland and Palo Alto

offices of Jones Day. Anand attended all of the EU Council negotiation meetings leading to the adoption

of the EU Merger Control Regulation and assisted in the drafting of the implementing regulations and

guidelines issued by the EU Commission. He has represented clients in EU Commission and Competition

Commission of India proceedings and investigations, including NACCO, Diebold, Toyota, Parker Hannifin,

Mitsui, Mitsubishi, General Electric, Dresser Industries, Ingersoll-Rand, Pepsico Inc., Waste Management,

MCX-SXs complaint against the NSE for predatory pricing, and Springer India. His representation of clients

in major US mergers, acquisitions and joint ventures includes the sale by Westinghouse to Schindler of the

Westinghouse Elevator Company, the acquisition by Huntsman of Deerfield Plastics, the sale of Realogic to

Computer Associates, and the acquisition by Zurn Industries of Eljer Industries, by Anthem of Acordia and by

CTS Corporation of Dynamics Corporation (in each case pursuant to a public tender offer in the US), and the

termination of the Diebold-IBM and HCL-Perot Systems international joint ventures.

Anand has represented several clients in listed company transactions in India (public offers, rights offerings and

de-listings), including Tech Mahindra Limited (acquisition of Satyam Computer Services Limited), Daiichi

Sankyo Company, Limited (acquisition of Ranbaxy Laboratories Limited and Zenotech Laboratories Limited),Dana Corporation, Luxottica, Exide Technologies, Federal Mogul Goetze Limited RPM International and

Schneider Electric. He was a member of the team that represented Rediff.com and Mahindra Satyam in the

class action litigation against these companies in the US.

Anand was presented with the National Law Day Award 2005 by the Prime Minister of India for his unique

contribution in the field of corporate law and for bringing foreign investments into India. He was awarded

Best M&A Lawyer in India in 2008 and India M&A Legal Counsel of the Year in 2009. He is also listed in

The International Whos Who of Competition Lawyers(2009 and 2010).

Anand is a member of the board of editors of the EC Merger Control Reporter, is a frequent speaker on EU

and Indian competition laws in seminars, and is the author of several articles on EU and Indian competition

laws, including EEC Concentration Control: The Foreseeable Uncertainties, International Companyand Commercial Law Review 72(1990); The EC Commissions Approach to Joint Ventures: A Policy of

Contradictions, European Competition Law Review 171(1991); EC Merger Regulation Enforcement During

1992, European Law Review CC 132(1993); Market Denitions, Compatibility with the Common Market

and Appeals from Commission Decisions under the Merger Regulation During 1993, European Law Review

CC 166(1994); and Indias New Competition Act: A Muddled Beginning,2008 Guide to Competition and

Antitrust, IFLRpage 44. His comments on various European and Indian legal matters have regularly featured

in a number of legal periodicals and journals, including the International Herald Tribune, the Wall Street Journal,

Corporate Control Alert, Business World, Business Today, Economic Times, Financier Worldwideand India Business

Law Journal.

Tel: 91 11 4139 3939

E-mail: [email protected]


16/18


16

tiohy Piri

Assistant general counsel, Merrill Lynch International Bank Limited (MerchantBank)

Timothy Robert Pitrelli is an assistant general counsel at Bank of America Merrill Lynch. Timothy is stationed

in Singapore, and covers investment banking legal matters for Southeast Asia and India. At BofAML, Timothy

has personally covered numerous debt and equity offerings by private and public issuers, including several

Government of India disinvestment transactions. Prior to joining BofAML, Timothy was an associate at Latham

& Watkins in Singapore and New York, where he practiced in the firms corporate, capital markets and India

practice groups and gained extensive experience in a wide range of corporate finance matters. Timothy holds a

Bachelor of Arts from the Johns Hopkins University. Timothy received his US law degree from the University of

Texas, Austin, and is admitted to the bar in New York and California.


ahihk sxn

Partner, Phoenix Legal

Abhishek is a partner based in the Delhi office of Phoenix Legal. His areas of practice include project finance,

private equity, joint ventures, structuring and tax advisory, IT outsourcing, M&A, foreign investment and

regulation and secondary capital markets. Abhishek has advised on a variety of complex cross border deals

and has been closely associated with a number of high profile projects and transactions. Prior to co-founding

Phoenix Legal, Abhishek was a partner at Trilegal, a leading Indian corporate commercial firm.

Publications & Presentations

Abhishek has authored a number of articles which have been published by reputed international publications.

He has been an avid speaker at a number of conferences across the globe. Some of his recent presentations are:

Business Culture and Doing Business in India at a seminar organised by the Alicante Chamber of

Commerce, Spain

Doing Business in India at a seminar on Indo-China by University of Valencia, Spain

Structuring EPC Contracts at an Independent Power Producers conference in Mumbai

Financing Power Projects at a joint conference organised by Governments of India and Nepal in

Kathmandu

Independent recognitionAbhishek was recently listed byAsian Legal Businessas one of ALBS Hot 100 listing the best legal minds in

Asia in 2009. Abhishek has been recommended as a leading Asia Pacic lawyer by IFLR1000. Abhishek has

been highly recommended as a leading lawyer by Chambers AsiaAsias Leading Lawyers for Business in 2010

and 2011.

Education

B.A. (Hons.) LL.B., Delhi University

Admissions

Bar Council of Delhi and is licensed to practice in any court in the Union of India.

Tel: +91 11 4983000 / 91 11 49830012 / 91 9910000990



17/18


17

sk shk

Partner, Phoenix Legal

Saket Shukla is a partner based in the New Delhi office of Phoenix Legal. Saket primarily focuses on corporate

and commercial transactions, joint ventures, acquisitions, energy and resources, insurance and corporate finance

including restructuring and exits. Saket regularly advises on cross border M&A transactions representing

both resident as well as non resident entities. A number of transactions that Saket has been involved in have

had significant cross border elements with clients ranging from major international corporations, multilateral

agencies and public sector undertakings. Prior to co-founding Phoenix Legal, Saket was a partner at Trilegal, a

leading Indian corporate commercial firm and handled several big ticket transactions.

Publications & Presentations

Saket has authored a number of articles including:

the India chapter for Gas Regulations (Global Competition Review) 2004 Edition

the India chapter for The Preston Gates Guide to Telecommunications in Asia, 2004.

Saket presented a paper on M&A in the 2007AsialawIndia Summit held in Delhi and on an Infraline

organised conference on Indias search for Energy Resources World-Wide; Some Successes and Some Failures:

The Search Continues.

Independent recognition

Saket has been listed as one of the most highly recommended Asia-Pacific-focused lawyers in the practice areas

of M&A and General Corporate by theAsialaw Leading Lawyerssurvey, in the years 2007 and 2008.Asia Pacific

Legal 500quotes: Saket gives excellent, sound, balanced advice on insurance, JVs and corporate matters and is

willing to advise and doesnt sit on the fence.

Education

B.A. (Hons.) LL.B., Delhi University. Master in Business Law, National Law School of India University,

Bangalore

Admissions

Bar Council of Delhi and is licensed to practice in any court in the Union of India.

Tel: +91 11 49830000 / 91 11 49830011 / 91 9810582571


mhd u

Founder and head, Uteem Chambers

Muhammad Uteem is the founder and head of Uteem Chambers, a leading law firm of Barristers in Mauritius.

His practice concentrates on international commercial law, trusts, tax consultancy and litigation and on all

aspect of offshore business activities. He has a very diverse portfolio of international clients which range from

sophisticated institutional investors, merchant banks and government linked agencies to high net worth

individuals who require international tax and estate planning solutions. He has also been involved in legislative

drafting in Mauritius.

Prior to returning to Mauritius, he worked for a number of years as an associate of Winthrop Stimson Putnam

& Roberts (now Pillsbury Winthrop Shaw Pittman LLP), an American law firm, in Singapore, Hong Kong and

Japan.

Continued


18/18


18

Muhammad Uteem holds a masters in International Business Law from Kings college, London. He won the 1st

Prize for best overall performance at the Bar Exams of England and is a Chevening scholar. He is also an elected

member of the National Assembly of Mauritius.

Knd virk

Managing director and chief operating ofcer, Standard Chartered Bank, PrincipalFinance Group

Kanad Virk joined Standard Chartered Bank in 2008 as a managing director in Principal Finance and the chief

operating officer of the Principal Finance Group. Virk has more than 15 years of work experience, including

investing, product development, mergers and acquisitions, project finance and financings in a broad range of

industries. Prior to joining SCB in 2008, Virk spent 10 years at Goldman Sachs, starting in the Asia ex-Japan

Mergers & Acquisitions Group, and later moving to the West Coast Mergers team in the US. In 2003, hemoved to Goldmans Private Wealth Management business as chief operating officer of Asia, including Japan.

In 2005, he moved to London, as COO of Private Wealth Management Europe/Middle East/Africa, where his

responsibilities included strategy, finance, IT/operations, audit/control/risk, recruitment and serving as head of

product development and the co-chair of the European New Products Committee. Prior to joining Goldman

Sachs, Virk worked as a lawyer in Mergers & Acquisitions and Energy Project Finance, first at Cravath, Swaine

& Moore in New York and later at Skadden Arps in Los Angeles, Hong Kong, London and Vienna. While at

Skadden Arps, Virk worked on project and corporate finance transactions in a broad range of infrastructure

sectors, including power, telecoms, transportation, minerals/mining and sports stadiums.

Virk received a J.D. (magna cum laude) from the University of Minnesota Law School and a Bachelor of Artsdegree with a joint major in Mathematical Economics and History from Pomona College.

Diip Kdi

Director, Head Equity Capital Markets India and South East Asia, RBS Bank N.V,Singapore

Dilip has over 17 years of work experience, largely focusing on Equity capital markets

Dilip Kadambi joined ABN AMRO/RBS in March 2005, from Kotak Investment Banking

Main IPO and equity placement experiences and other transaction experiences include:

USD555mn Rights offering of Central bank of India

USD761mn FPO of Tata Steel

USD2.18bn FPO of NMDC, USD765mn FPO of REC Ltd,

USD2.95bn IPO of Reliance Power,

USD300mn QIP for PTC India Ltd,

USD150mn QIP for The India Cements Ltd,

USD600mn Qualified Institutional Placement for Hindalco Industries,

USD875mn Convertible bond offering of Tata Steel,

USD325mn Convertible bond offering of JSW Steel Ltd,

USD2.0bn IPO of Cairn India Ltd,

USD1.6bn ADR offering of Infosys,

USD 100mn IPO of Tech Mahindra,

USD75mn Convertible bond offering of The India Cements Ltd,

USD1.1bn IPO of NTPC

USD2.0bn divestment in ONGC by the Government of India

The information contained in the speakers biographies has been supplied by the speakers themselves except where otherwise specied. The publisher has notveried the accuracy of this information and takes no responsibility for any misrepresentation or error within.

Documents

Asia Law Bio Book