PEOPLE

Avichal Prasad is the Managing Partner of Kochhar Dubai. He has rich experience of more than 15 years in diverse areas of law and regularly advises clients in the areas of corporate and transactional advisory (M&A), employment, intellectual property and dispute resolution.

Avichal also regularly advises clients on structuring their investments in the UAE mainland and freezones including DIFC and ADGM. He also advises clients on joint ventures, distribution agreements and all types of commercial arrangements. His employment law practice embraces labour law matters, not only under the UAE Federal Labour Law but also DIFC and ADGM employment laws.

On the contentious side, he has extensive experience in advising and representing clients involved in joint venture disputes, labour matters, technology related disputes and construction disputes. He has substantial experience in handling arbitrations and has represented clients in arbitrations conducted in accordance with the ADGM Arbitration Rules, DIAC Rules, SIAC Rules, UNCITRAL Rules as well as other arbitration frameworks.

His experience ranges from drafting, vetting and negotiating terms of contracts to drafting pleadings and appearing before courts and arbitral tribunals. The litigation and arbitration experience gives him an edge in the corporate domain as it provides a broader perspective and deeper insight of the issues involved in transactions. In ongoing disputes, he also advises clients on risk mitigation measures relating to day-to-day matters considering their legal implications.

• Successfully represented a large Japanese corporation in an international commercial arbitration against its JV partner under the aegis of SIAC wherein the claimed amounts were in excess of INR 1500 crores, and the hearings were held in Paris.
• Advised a UAE-based subcontractor on risk mitigation measures pertaining to a construction project that was embroiled in DIAC arbitration, wherein the key issue revolved around back-to-back contractual provisions similar to the sub-contract in the main contract.
• Secured a big win for one of the largest healthcare companies in the world, in a huge battle that arose after a former company employee made multiple vexatious criminal complaints to the police, governmental authorities and the courts.
• Represented one of the largest public sector undertakings in India in an international commercial arbitration (involving around USD 200 million) in respect of a state-of-the-art refinery project.
• Advised a leading French multinational energy and automation digital solutions company on issues arising out of EPC Contracts as well as successfully represented them in arbitration relating to a solar power project.
• Advised an industrialist in connection with allegations of defrauding a bank to the tune of over USD 2.1 billion.
• Assisted one of the largest hydrocarbon exploration and production corporations in the USD 2.475 billion acquisition of a foreign company having 10% stake in a Mozambique gas field.
• Assisted a client in acquisition of a 2*20 MW solar power project in 2 steps – (i) housing of the assets in a SPV and (ii) acquisition of such SPV.
• Advice and assistance to subsidiaries/ joint ventures of foreign multinationals in UAE and DIFC on all employment related issues such as probation, overtime, leaves, gratuity/ qualifying scheme benefits, transfer, secondment, unauthorized absence, suspension and termination.
• Drafted a new legislation to replace the Orissa Development Authorities Act, 1982 and Orissa Town Planning and Improvement Trust Act, 1957; to harmonize and ensure consistency with the Constitutional Amendments relating to Panchayats and Municipalities.

• Moderator and Speaker at UAE-India Session on “F&V Import Dynamics in the UAE" organized by Indo-UAE Business Council, 2023.
• Speaker at a Conference on EPC Contracting - Damages in EPC Contracts, organized by Solar Quarter and First View (Intelligent Business), 2017