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McD’s v Bakshi saga: SAM, S&R, Dua arbitrate in London CIA with Salve, Ciccu, Debevoise, Lord Goldsmith, others

Senior Salve in big shot London arbitration with other local and desi big guns...
Senior Salve in big shot London arbitration with other local and desi big guns...

McDonald’s India has approached the Delhi high court seeking to enforce a 13 September London Court of International Arbitration (LCIA) partial award to appoint experts to value and sell estranged former managing director Vikram Bakshi's stake in the North and Eastern India local franchise of the fast food giant, reported Mint, the Economic Times and others.

A team of experts is to arrive at a valuation agreeable to the parties, after McDonald's began arbitration proceedings before the LCIA in 2013 over the dispute.

McDonald's said in a statement: “MIPL (McDonald’s India Pvt. Ltd) has filed an application to the Delhi high court to progress the enforcement of the partial award rendered in its favour by the London Court of International Arbitration. At the same time, MIPL will continue with its appeal at NCLAT (National Company Law Appellate Tribunal) and also continue to take all other measures and steps to exercise our legal and contractual rights in related matters.”

Vikram Bakshi's team at the LCIA was led by Shardul Amarchand Mangaldas (SAM) Delhi-based arbitration head and partner Tejas Karia, assisted by Rishab Gupta.

SAM briefed Delhi-based senior counsel Ciccu Mukhopadhyaya - who was a partner at erstwhile Amarchand Mangaldas before going independent and becoming a senior counsel in 2012 - for the brunt of the arbitration.

For the final hearing in the matter, Debevoise & Plimpton London co-managing partner Lord Peter Goldsmith QC was arguing before the LCIA, assisted by Debevoise dispute resolution associate Hannah Bohm-Duchen.

Lord Goldsmith represents estranged McD's North-East-India partner Bakshi
Lord Goldsmith represents estranged McD's North-East-India partner Bakshi

McDonald's was represented by law firms S&R Associates and Dua Associates.

The S&R Associates team was led by partner Niti Dixit, assisted by Raunaq Mathur and Ashutosh Kumar from Delhi; Dua Associates Gurgaon partner Rahul P Dave also acted for the global fast food giant.

The firms instructed Indian senior counsel Harish Salve, who has chambers in London's elite Blackstone Chambers, and barrister Christopher Harris of 3 Verulam Buildings.

Shardul Amarchand and Dua Associates had also acted for the warring parties before the National Company Law Tribunal (NCLT) as we had reported in July, which had restored Bakshi as managing director of the Indian franchisee company.

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