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The 2nd Annual

India Foreign Direct Investment Forum

Government Initiatives:
how they can work for you
May 31 2011 Raffles Hotel, Singapore

Joint sponsors:

Agenda &
speaker
biographies
In association with:

India Foreign Direct Investment Forum

Agenda

8.30-9.00

Registration

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 Indias decisive decade hosted by Control Risks


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 specified 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
Speakers:
Dane Chamorro, director of global risk analysis, Asia-Pacific, Control Risks (moderator)
Patrick Lord, managing director, Control Risks India
Jai S Pathak, partner-in-charge, Asia-Pacific region, Gibson Dunn
A Bobby Ladwa, director, capital markets legal, Barclays Capital
Kanad S Virk, chief operating officer, 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 financings case studies Coal India IPO; SBI bonds issuance (targeting US and Europe/Asia investors,
respectively)
Other key developments first 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
Speakers:
Jyotirmoy Banerjee, senior legal counsel, Wholesale Banking Legal, Standard Chartered Bank
Timothy Pitrelli, assistant general counsel, Merrill Lynch
Arun Balasubramanian, partner, Linklaters
Dilip Kadambi, director, head equity capital markets India and South East Asia, RBS Bank, Singapore

10.50-11.00

Morning coffee break

11.00-11.45

Joint Ventures offer FDI Hope hosted by AZB & Partners


JV developments key to arresting FDI decline i.e. foreign firms may no longer have to provide no-objection certificates 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
Speakers:
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
Speakers:
Vivek Kathpalia, partner-in-charge, Nishith Desai Associates (moderator)
Vyapak Desai, head of international litigation and dispute resolution, Nishith Desai Associates
Ankit Goyal, head of South Asia desk, Singapore International Arbitration Centre
Continued

India Foreign Direct Investment Forum

Agenda

12.35-13.35

Lunch

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
Speakers:
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-Pacific, Imerys

14.25-15.10

What merger control provisions mean for competition hosted by P&A Law Offices
Impact of Indias new merger control provisions, and how to benefit 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 notification 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
Speakers:
Anand S Pathak, managing partner, P&A Law Offices (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

Afternoon coffee break

15.20-16.05

Tax System in flux hosted by Uteem Chambers


Tax system in flux Budget 2011 how will industry respond to withdrawal of specific tax benefits 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 do
business 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 authorities 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
Speakers:
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 hosted by Juris Corp


A challenging year funding difficulties, valuation related issues and sweeping changes in regulation
popular sectors for PE investment include infrastructure, renewable energy, education and microfinance
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 benefits of flexible structures and limited liability for investors
Does the Sequoia/ WestBridge episode suggest that the future of PE in India is homegrown independent firms?
Speakers:
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

India Foreign Direct Investment Forum

Keynote speaker

KK Sharma
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 been
requested 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: kksharmairs@gmail.com

India Foreign Direct Investment Forum

Speakers

Kala Anandarajah
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 500 notes 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 Lawyers from 2006 to 2011 and the
Euromoney Guide to the Worlds Leading Competition and Antitrust Lawyers from 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.
Email: kala.anandarajah@rajahtann.com

Arun Balasubramanian
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 first-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 Power
Corporation;
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 qualified 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

India Foreign Direct Investment Forum

Speakers

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

Jyotirmoy Banerjee
Senior legal counsel, Wholesale Banking, Standard Chartered
Jyotirmoy Banerjee is senior legal counsel in Wholesale Banking. Jyotirmoy joined Standard Chartered Bank
in 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
Email: JyotirmoyBanerjee@sc.com

Dane Chamorro
Director, global risks analysis, Asia Pacific, 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 strategic
consultant 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 regular
regional columnist on issues of business risk.

India Foreign Direct Investment Forum

Speakers

Kevin Chee
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.

Mahim Chellappa
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 South
East 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 laude from Carleton College in Northfield, Minnesota, he was awarded an internship on
Capitol Hill.

India Foreign Direct Investment Forum

Speakers

Vyapak Desai
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 Foreign
Investments 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
Email: vyapak@nishithdesai.com

Vijay K. Dhingra
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

India Foreign Direct Investment Forum

Speakers

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, financial 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
Email: vdhingra@deloitte.com

Sbastien J Evrard
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
Email: sjevrard@jonesday.com

India Foreign Direct Investment Forum

Speakers

Ankit Goyal
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

Geraint Hughes
Managing partner, Singapore, Clifford Chance
Geraint is head of Clifford Chances South and South East Asia practice and head of the firms regional energy
and 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
Email: geraint.hughes@cliffordchance.com

10

India Foreign Direct Investment Forum

Speakers

H. Jayesh
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
Email: h_jayesh@jclex.com

Vivek Kathpalia
Partner-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
Email: vivek@nishithdesai.com

11

India Foreign Direct Investment Forum

Speakers

Jim Kuykendall
Deputy general counsel, Asia-Pacific, 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
Email: jim.kuykendall@imerys.com

A. Bobby Ladwa
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.
Email: bobby.ladwa@barclayscapital.com

Patrick 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 Times covering 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.
Email: patrick.lord@control-risks.com
12

India Foreign Direct Investment Forum

Speakers

Andrew Martin
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
Email: andrew.martin@bakermckenzie.com

Zia 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
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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 Bahai
School, 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 Times as 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 Today in 2004, 2006, 2007, 2009 and 2010.

Jai S. Pathak
Partner-in-charge, Asia-Pacific 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 & Partners 2011 ranks Pathak as a leading lawyer for Corporate/M&A in both India and Singapore.
Mr. Pathak won the Best Corporate Lawyer award at Asian Legal Businesss Legal Whos Who Singapore
2003. He was presented the National Law Day Award 2001 by the Indian Council of Jurists for 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
Email: jpathak@gibsondunn.com

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Anand S. Pathak
Managing partner, P&A Law Offices
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 Company
and 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 Definitions, 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, IFLR page 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 Worldwide and India Business
Law Journal.
Tel: 91 11 4139 3939
E-mail: apathak@palawoffices.com

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Speakers

Timothy Pitrelli
Assistant general counsel, Merrill Lynch International Bank Limited (Merchant
Bank)
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.
Email: timothy.pitrelli@baml.com

Abhishek Saxena
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 recognition
Abhishek was recently listed by Asian Legal Business as one of ALBS Hot 100 listing the best legal minds in
Asia in 2009. Abhishek has been recommended as a leading Asia Pacific lawyer by IFLR1000. Abhishek has
been highly recommended as a leading lawyer by Chambers Asia Asias 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
Email: abhishek.saxena@phoenixlegal.in

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India Foreign Direct Investment Forum

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Saket Shukla
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 2007 Asialaw India 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 the Asialaw Leading Lawyers survey, in the years 2007 and 2008. Asia Pacific
Legal 500 quotes: 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
Email: saket.shukla@phoenixlegal.in

Muhammad Uteem
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.
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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.

Kanad Virk
Managing director and chief operating officer, Standard Chartered Bank, Principal
Finance 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, he
moved 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 Arts
degree with a joint major in Mathematical Economics and History from Pomona College.

Dilip Kadambi
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 specified. The publisher has not
verified the accuracy of this information and takes no responsibility for any misrepresentation or error within.

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