Mr. Amal Kumar Ganguli

Senior Advocate
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MEMBERSHIPS

International Institutions
  • Vice President, Asian Society of International Law (Asian SIL)
  • Member, Executive Committee and the Governing Board, Union Internationale Des Avocats, (UIA), Paris
  • Chartered Arbitrator, Singapore International Arbitration Centre (SIAC)
  • Chartered Arbitrator, Kuala Lumpur Regional Centre of Arbitration (KLRCA)
  • Member, International Trade Law Development Committee (ITLDC), ILA, London.
  • International Bar Association (IBA), Inter Pacific Bar Association (IPBA), LAWASIA, London Court of International Arbitration (LCIA), etc.
National Institutions
  • President, Union Internationale Des Avocats, (UIA)-India Chapter.
  • Former Executive President, Indian Society of International Law (ISIL)
  • Member, Academic Council, National Law university (NLU), Delhi
  • Member, Academic Council and General Council, Gujarat National Law University (GNLU)
  • Member, Governing Board, Chanakya National Law University (CNLU)
  • Indian Council of Arbitration, (ICA), ICADR
  • Member, Advisory Committee, Delhi High Court International Arbitration Centre (DAC)
PUBLICATIONS
  • New Trend in the Law of Arbitration in India, 2018, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, Vol. LII: 2016, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, Vol. LI: 2015, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, (In Press): 2014, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, 2013, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, 2012, The Indian Law Institute.
  • Arbitration Law, Annual Survey of Indian Law, Volume XLVI: 2010, The Indian Law Institute.
  • Legal Issues Involved in Transactions in the Globalised Capital Market - International Journal of Disclosure and Governance, Volume Five Number Three, Palgrave Macmillan Ltd. August 2008.
  • Foreign Investment and Laws in India (International Law Association, London)
  • Interface between International Law and Municipal Law: Role of the Indian Judiciary, Martinus Nijhoff Publishers, Leiden/Boston, 2008.
  • Constitutional Law-I, Annual Survey of Indian Law, Volume XLIV: 2008, The Indian Law Institute.
  • Public Interest Litigation, Annual Survey of Indian Law, VolumeXLIII: 2007, The Indian Law Institute.
  • Constitutional Law-II, Annual Survey of Indian Law, Volume XLII: 2006, Indian Law Institute.
  • Right to Property: Its Evolution and Constitutional Development in India, Journal of the Indian Law Institute, New Delhi, Vol. 48 No.4, 2006.
  • Constitutional Law (Fundamental Rights) Annual Survey of Indian Law, Vol. XLI: 2005, Indian Law Institute.
  • International Commercial Arbitration and Enforcement of Foreign Awards in India, Martinus Nijhoff Publishers, Leiden/Boston, 2005.
  • Laws, Decrees and Regulations concerning Arbitration in India. (W.J.A)
  • Online Dispute Resolution, Indian Council of Arbitration, (ICA)
  • The Proposed Amendment to the Arbitration and Conciliation Act 1996- A Critical Analysis (J.I.L.I., Vol. 45 No.1, 2003)
  • Indirect Tax Law (Central Excise and Customs) Annual Survey of Indian Law, Vol. XL, 2004, Indian Law Institute.
  • Indirect Tax Law (Central Excise and Customs) Annual Survey of Indian Law, Vol. XXXIX: 2003, Indian Law Institute.
  • Indirect Tax Law (Central Excise and Customs) Annual Survey of Indian Law, Vol. XXXVIII: 2002, (ILI, New Delhi)
  • Administrative Law, Annual Survey of Indian Law, Indian Law Institute, 2000.
  • Administrative Law, Annual Survey of Indian Law, Indian Law Institute, 1999.
  • Principles of Estoppel and Ultra Vires in their application to the discharge of public duties by public authorities. (Indian Law Institute 1999)
  • In Public Interest: A Review of PIL in Supreme Court. (1998- SCALE Publications)
  • Judicial Review of Discretionary Powers in Public Law (Supreme Court Bar Association Journal, Vol.1, 1998)
  • Administrative Law, Annual Survey of Indian Law, Indian Law Institute, Vol. 33, 1997-1998)

EXPERIENCES

Arbitration
  • Currently appearing as a lead counsel for the Government of India in two major international arbitrations relating to disputes with respect ot oil and natural gas.
  • Presiding arbitrator in three member domestic tribunal.
  • Sole arbitrator and umpire
  • Represented Government of India/Director General of Hydrocarbons in London Court of International Arbitration against Cairn Energy and in continuing arbitrations against British Gas and Reliance.
  • Representing the Government of Indian arbitration against Reliance India Limited on issues concerning D-6 KG Basin.
  • Appeared for the Ministry of Mines, Government of India, in arbitration with Vedanta group regarding purchase of shares in BALCO.
  • As lead counsel on behalf of private organizations in a number of arbitrations in India and abroad.
Indirect Taxes
  • Appeared for revenue as well as for assesse in a large number of indirect tax cases particularly relating to central excise, customs, and service tax since 1980s.
  • Appeared for Ministry of Finance/CDSE in a case of alleged excise evasion of Rs. 800 Crores in 1986, before Calcutta High Court.
  • Large number of cases before the Supreme Court including tax concessions in the Special Economic Zone set up for the North Eastern region. (RC Tobacco – 2005)
  • Direct Charge/Reverse Charge in respect of Service Tax related to the Transport industry.(Gujarat Ambuja – 2005)
  • Taxability of processing in Textile Industry before Constitution Bench etc. (Ujagar Prints – 1989)
Inter State disputes
  • Represented the Government of Tamil Nadu in Cauvery Water Disputes.
  • Represented the Government of Andhra Pradesh in Krishna River Water Dispute
  • Represented the Government of A.P. in a dispute concerning the construction of Multi Purpose dam at Almatti.
  • Represented the State of Himachal Pradesh, relating to its share of power in Bhakra-Nangal and Beas projects.
  • Represented State of Punjab in Ravi Beas water disputes.
  • Represented State of Punjab in matter regarding tax concessions granted by the Central Government in favour of the neighbouring states, leading to flightof capital/industry.
Cases involving Constitutional issues
  • Immunity of State properties from Union taxation
  • Entry taxes
  • 2nd Privy purse case
Cases involving application of Private International Law to transactions in the capital markets. (Teknip-2002)

AWARD

Recipient of Justice V.R. Krishna Iyer Award sponsored by Capital Foundation Society.