Sushmita Gandhi

Mumbai

sushmita.gandhi@induslaw.com

    India (Advocate)

    B.A. LL.B. (Hons.) Symbiosis Law School, Pune, 2007

    Sushmita has over 15 years of extensive experience advising clients on a variety of commercial disputes across sectors, including Banking & Finance, Insolvency & Restructuring, and arbitrations, particularly in the areas of construction, projects and infrastructure, and investments.  

    She has advised lenders, borrowers, advisors, and other intermediaries in complex local and cross-border financing transactions across major debt financing disciplines.

    Sushmita has handled several domestic and international arbitrations, representing clients in institutional arbitrations in India and abroad and she has also advised on corporate and commercial disputes, appearing before a variety of forums, courts, and tribunals. Sushmita has acted both as, briefing counsel and lead advocate in several domestic arbitrations and arbitrations administered by SIAC, ICC, LCIA, DIAC with seats in India, Singapore, Dubai and London.

    In particular, she has a wealth of experience in handling proceedings against some of the biggest debt defaulters in India; in domestic and cross border insolvency litigation and advisory work relating to the Insolvency and Bankruptcy Code; and in international arbitrations.

    Sushmita is also a fellow of the Chartered Institute of Arbitrators, UK and Prime Disputes, UK.

    Sushmita started her career in the stressed assets division of Kotak Mahindra Bank and was part of the team, which set up Phoenix ARC (an asset reconstruction company promoted by the Kotak group).

    Prior to joining INDUSLAW, Sushmita has worked for leading Indian law firms.


    Sushmita regularly authors articles and publications on the Insolvency and Bankruptcy Code, Arbitration and Conciliation Act, Banking laws etc. which are published by leading journals such as India Business Law Journal, SCC Online; Manupatra and Mondaq. She is a regular speaker on the subject at various events and summit across the globe and her views on various legal issues are often published in leading newspapers.


    Most recently, Sushmita has been ranked as ‘‘Future star’’ for commercial and transactions by Benchmark Litigation Asia-Pacific 2022. She has also been enlisted as a Recommended Lawyer by Legal500 Asia Pacific edition, 2022 in the field of Litigation, White Collar Crimes and Insolvency and Bankruptcy. She was recognized as one of the top individual lawyers in the field of Litigation, Arbitration and Insolvency and Bankruptcy in Forbes-Legiquest Legal Powerlist 2020 and 2021. LexTalk World Forum awarded Sushmita the “Top 50 legal Falcons” in 2020.

    publications

    AMENDMENT TO THE LIQUIDATION PROCESS: TIGHTENING OF NORMS
    Government & RegulatoryInsolvency & Restructuring & Corporate & Commercial

    AMENDMENT TO THE LIQUIDATION PROCESS: TIGHTENING OF...

    On January 6, 2020, the Insolvency and Bankruptcy Board of India (the 'IBBI') notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations,...
    'A BALANCING ACT' : THE DICHOTOMY OF THE GROUNDS TO CHALLENGE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
    Litigation & Dispute Resolution

    'A balancing act' : The dichotomy of...

    Recently, the Supreme Court of India has, in the case of Vijay Karia and Ors. v. Prysmain Cavi E Sistemi SRL & Ors., set the...
    A SAFE HARBOUR FOR BORROWERS DURING COVID-19 PANDEMIC - DISCUSSION ON RBI MORATORIUM VIS-à-VIS ASSET CLASSIFICATION
    Litigation & Dispute Resolution

    A Safe Harbour for Borrowers During COVID-19...

    While India remains under a lockdown and a state of siege prevails, the Reserve Bank of India ('RBI') has provided a set of directives granting...
    A CLOSER LOOK AT FORCE MAJEURE, FRUSTRATION OF CONTRACT AND IMPOSSIBILITY TO PERFORM CONTRACTS DURING THE COVID-19 PANDEMIC
    Litigation & Dispute Resolution

    A Closer Look at Force Majeure, Frustration...

    As the world is collectively entangled in fighting the Corona virus or COVID-19 pandemic, businesses globally are facing several financial and physical hardships due to...
    INFOLEX NEWSALERT : LIMITING THE LIMITATION: THE CURIOUS CASE OF LIMITATION ACT AND IBC.
    Litigation & Dispute Resolution

    Infolex Newsalert : Limiting the limitation: The...

    As the jurisprudence pertaining to insolvency and bankruptcy in India continues to develop over time, the applicability of the Limitation Act to the proceedings under...
    THE WAR OF LAWS OF INSOLVENCY AND ADMIRALTY
    Litigation & Dispute Resolution & Insolvency & Restructuring

    THE WAR OF LAWS OF INSOLVENCY AND...

    With the advent of consolidation and enactment of laws on insolvency and admiralty, the issue of conflict between the two laws has arisen where the...
    INFOLEX ARTICLE | THE IMPARTIALITY CONUNDRUM: A CRITIQUE ON INDEPENDENCE OF RESOLUTION PROFESSIONAL TO THE FIRM
    Litigation & Dispute Resolution & Insolvency & Restructuring

    Infolex Article | The Impartiality Conundrum: A...

    While the Resolution Professional acclimatizes itself in the evolving insolvency regime in India, the issues pertaining to impartiality become relevant. INDUSLAW’s Sushmita Gandhi,...
    INFOLEX NEWSALERT: RETROSPECTIVE APPLICATION OF SECTION 29 A (1): DELHI HIGH COURT SETTLES THE ISSUE
    Litigation & Dispute Resolution

    Infolex Newsalert: Retrospective Application of Section 29...

    With the new amendments brought in the Arbitration & Conciliation Act in 2019, the Delhi High Court decided the issue of applicability of the amended...