Adithya Athreya

• Responsibilities: Advising and representing leading insurers, reinsurers, government corporations, domestic and foreign companies in the following practice areas:

International Litigation

• Advised India's largest reinsurer in a litigation instituted before the Southern District Court of New York in a dispute arising out of several Binding Authority Agreements in regards to payments of Coverholder/Profit Commissions.
• Assisted in preparing an intervention petition on behalf of India’s largest reinsurer before the Dallas County Court of Texas, and appeared in these proceedings virtually.
• Advised India's largest reinsurer in relation to a personal injury ECO (extra contractual obligation) claim made under a reinsurance slip before the Dallas County Court of Texas.
• Assisted in preparing pleadings to be filed before the Southern District Court of New York Court in relation to a bad faith action against a US based law firm and a Third Party Administrator.
• Advised India’s sole domestic reinsurer on potential disputes and successfully arrived at settlement with various foreign insurers.
• International Arbitration
• Involved in International Arbitration with respect to a multi-party fronting reinsurance agreement.
• Involved in a multijurisdictional arbitration pertaining to breach of the terms of a Quota Share Reinsurance Agreement
• Instituted arbitration proceedings against a US-based ceding company, on behalf of an Indian Reinsurer, due to the breach of terms of a Quota-Share Reinsurance Agreement
• Played a key role in settling a Texas-based arbitration between an Indian entity and a US- based ceding company

Indian Litigation

• Successfully represented an Indian export credit agency in revision proceedings before the Bombay High Court and was able to get an eviction decree passed against the agency quashed and set aside. Also briefed the Attorney General of India who appeared and argued the credit agency before the Bombay High Court. The review petition against the revision court order has also been dismissed and the matter is currently pending before the Supreme Court.
• Successfully obtained an ex-parte ad-interim, anti-suit injunction, from the Bombay High Court, against a subrogated recovery action, instituted by a US-based insurance company in Oklahoma, against an Indian insurance company, briefing Senior Counsel Mr. Zal Andhyarujina
• Filed a writ petition against the State of Maharashtra under the PMFBY scheme against a coercive letter which was issued by the commissioner of agriculture.
• Assisted in filing a petition under Section 34 and an application for interim stay under Section 36 of the Arbitration and Conciliation Act, 1996 on behalf of a general insurance company before the Madras High Court, and was successful in obtaining a stay on the effect of an award with a deposit of 50% of the amounts awarded.
• Assisted in preparing pleadings against a foreign reinsurer in relation to claims under the RBSSBY Scheme in the state of Punjab and Haryana.
• Filed a writ petition before the Bombay High Court and successfully overturned an order of the City Civil Court of Dindoshi, rejecting the filing of a suit under Section 12A of the Commercial Courts Act, 2015.
• Prepared and appeared in several applications made before the Bombay High Court under Section 29A of the Arbitration and Conciliation Act, 2015.
• Oversaw the filing and attended proceedings before the NCLT Kolkata against an interlocutory application filed by a liquidation against an Indian insurer
• Filed a Suit and an Interim Application before the City Civil Court of Dindoshi, seeking an anti-suit injunction against a Turkish insurance company which had instituted proceedings against an Indian insurer and its insured in the 13th Commercial Court of Turkey, Istanbul and was successfully able to convince the Court to proceed ex parte, and grant an anti suit injunction.
• Multiple appearances before the Small Causes Court in regards to a Mensa Profits Application which was filed by a family trust against an Indian export credit agency.
• Represented an international airline company in settlement discussions in regards to a personal injury claim made by a passenger.
• Appeared before the Court of the Judicial Magistrate First Class, Pune, successfully obtaining an order under Section 156(3) of the Indian Penal Code 1860, in relation to a case that involved white collar crime (fraud and criminal breach of trust) in relation to a Tripartite Share Purchase Agreement, Multiple appearances before the Magistrate Court and liaison with the EOW Pune Police, specifically the DCP.
• Filed an application before the Collector for adjudication of stamp duty under the Indian Stamp Act, 1899.

Indian Arbitration

• Played a key role in arbitration proceedings instituted by an insured against an insurer on account of the insurer settling a claim on a non-standard basis – multiple appearances before an Arbitral Tribunal
• Significant role in re-arbitration proceedings instituted by an insured, pursuant to an annulment of an award by the Bombay High Court in an erstwhile arbitration proceeding under Sec 34 and Sec 37 of the Arbitration and Conciliation Act 1996 - multiple appearances before an Arbitral Tribunal
• Involved in an arbitration instituted against MGCM in relation to a dispute arising out of BMC’s proposed improvement of water supply in Mumbai (multiple frequent appearances)
• Appeared in an Arbitration on behalf of an insurance company, in arbitration proceedings instituted against a foreign reinsurer under a reinsurance treaty. The dispute was in regards to the interpretation of a claims cooperation clause and whether the reinsurance company could, on the basis of its interpretation of the claims cooperation clause, decline liability under the reinsurance treaty.
• Represented private companies in contractual disputes in arbitration proceedings initiated by and against them.

Appearances in Courts & Tribunals

• Deposition proceedings before the Dallas County Court of Texas
• Hearings before the Bombay High Court (Mentionings, Withdrawals, Arguments)
• Hearings before Bombay City Civil Court (Mentionings and Arguments)
• Hearings before Small Causes Court, Mumbai (Mentionings and Arguments)
• Hearing before the Court of the Judicial Magistrate First Class, Pune
• Several appearances in Arbitration Proceedings in Hearings fixed for inter-alia framing of issues, examination-in-chief, cross-examination and final arguments

Government Communication

• Assisted in the preparation of letters to be issued to the State Government in relation to a Government Health Insurance Scheme
• Involved in preparing responses to coercive letters of the State Government pertaining to a Government Crop Insurance Scheme
• Diverse Stakeholder Engagements – domestic and international
• International Law Firms and International Counsel
• Liaison with and briefings to Counsels across Mumbai, Pune, Kolkata
• Active engagements with several Key Managerial Personnel across Insurance Companies, Airline Companies, Law Firms and International Chambers of Commerce.

Research

• Anchored multiple and independent research assignments – e.g. on Consumer Protection Act, 2019 and 1986, Carriage by Air Act 1972
• Prepared a Draft Advice in relation to the applicability of the Section 64 VB of the Insurance Act, 1938 and the Insurance Rules, 1939
• Authored an article published on Mondaq, in relation to the validity of insufficiently-stamped arbitration agreements.

• Company Overview: LegalEase Solutions LLC. Legal Ease provides a range of managed legal services like litigation support, legal administration support, online legal services, discovery and document automation.
• Experience here was focused on review of international contracts and extraction of key information with identification of relevant contractual provisions across a plethora of Contracts.