Percival Billimoria

Landmark Matters: Arbitration Jurisprudence in the Supreme Court

Percy represented clients in shaping the jurisprudence on arbitration in the following landmark matters:

Swiss Timing vs Organising Committee, Commonwealth Games 2010, Delhi

Percy successfully represented Swiss Timing as lead counsel. The Supreme Court in a landmark decision settled the question of whether an allegation of fraud is “arbitrable”.

Pricol Limited vs. Johnson Controls Enterprise Ltd. & Ors

Percy successfully represented Johnson Controls as lead counsel. The Supreme Court addressed a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting the
clause. This decision reflects a pro-arbitration approach of the Supreme Court of India since the 2012 decision in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc.

Arbitration

Percy has acted as lead counsel on several arbitrations, especially involving construction law and oil and gas industry matters. Disputes arising pertain primarily to tender terms, delay, meaning of time
being essence of contract, liquidated damages and variations of work.

Significant matters include:

• A British oil and gas multinational in their dispute with a contractor, in respect of the Panna-Mukti-Tapti oil field
• An European manufacturer of industrial gas establishing a gas supply plant on BOO terms
• An Indian infrastructure company, in relation to its participation in the bid process for the award of a port project in the State of Orissa
• Challenge to bids and bid terms of the National Highways Authority of India pertaining to the Kishangarh Udaipur Ahmedabad stretch of National Highways
• 2 contractors on the KBPL (“Kandla-Bhatinda Pipeline”) Project
• Contractors to the Spie-Capag/NKK/Toyo consortium
• Contractors to the 765 kV S/C Mainpuri-Hapur & Mainpuri-Greater Noida Line with 765kV/400 kV AIS at Hapur & Greater Noida and Associated Schemes/Work
• A state owned insurance company in a dispute pertaining to the computation of a loss of profit claim
• A contractor to the Commonwealth Games Committee of 2010.

He completed acting as co-counsel in a SIAC arbitration in respect of a joint-venture dispute.

Percy has also acted as an expert in an international arbitration on the interpretation of accounting standards pertaining to the computation of “cost oil” in an oil exploration (NELP regime) contract.