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Mediator Resume

Chakrapani Brajesh Misra

Chakrapani Brajesh Misra

Professional Summary

Solicitor, Advocate, Arbitrator and Mediator having over 32 years of professional experience in disputes resolution specializing in complex commercial disputes resolution, with focus on shareholder’s dispute, disputes under Insolvency and bankruptcy code, intellectual property rights dispute and admiralty disputes.

Current Employer-Title

Khaitan & Co. - Partner

Profession

Advocate, Solicitor, Arbitrator, Mediator

Work History

Partner/ Solicitor/ Advocate/ Mediator/ Arbitrator, Partner, Khaitan & Co., 2006-Present; Solicitor/ Advocate/ Mediator/ Arbitrator, Khaitan & Co., 2004-2006; Solicitor/ Advocate, M & M Legal Ventures, 2001-2004; Solicitor/ Advocate, C M & Associates, 1997-2001; Solicitor/ Advocate (1994-1997)/ Advocate (1992-1994), M/s Jehangir Gulabbhai Bilimoria & Daruwalla, 1992-1997.

Experience

Commercial Disputes Extensive experience in handling commercial disputes. Regularly represents clients as counsel in various complex disputes. Has acted both as briefing solicitor and arguing counsel and presided over such disputes as arbitrator as well as mediator. Admiralty Disputes Regularly represents clients in maritime litigation before courts as well as maritime arbitration. Have successfully settled disputes worth 6 billion dollars between a big corporate house and shipping company among others. Has acted as mediation counsel. Disputes under Insolvency and Bankruptcy Code Have successfully advised and represented clients in matters related to insolvency and bankruptcy. Shareholder’s Disputes Has acted as a mediator as well as a mediation counsel representing clients in a number of cases related to shareholder’s disputes both before the clients, arbitrators and mediators.

Mediator Experience

As an empanelled member, has mediated Bombay High Court referred complex mediation between several parties in a property dispute. Has mediated a diverse range of disputes including those pending before the courts. The subject matter of the disputes ranges from corporate commercial disputes to intellectual property rights disputes, insurance claims and maritime disputes. Has also recently represented as a mediation counsel in a complex dispute involving a pharma company.

Representative Issues Handled as a Mediator

Breach of contract and quantification of damages; Shareholder’s rights and obligations; Rights of the joint venture partner over intellectual property rights of the JV; Maritime claims.

Mediator Style & Process Preferences

I believe in sanctity of the process and the importance of active listening to understand the core of the dispute between the parties. As a neutral, I try to work with parties and facilitate option generation by parties for resolving their disputes. In some cases where the parties agree I recommend appointment of third party experts/agency such as a valuer for assisting parties to arrive at a valuation. In my experience, emotional issues and dynamics between the parties play an important role in the mediation process and I respect and try to understand the same. Upon assessment, I suitably organise the mediation sessions to help parties address the same.

Technology Proficiency

Familiar and comfortable with technology in general and the current days meeting platforms such as MS Teams, Zoom. Have conducted and willing to conduct arbitration/mediation hearings in person, online, via teleconference or hybrid formats.

Education

University of Mumbai (LL.M., Commercial Laws-1994); Government Law College (LL.B.-1992); Elphinstone College (B.A.-1989).

Professional Licenses

Admitted to the Bar: India (1992).

Professional Associations

London Maritime Arbitrators Association (LMAA); Member of Specialist Mediator Panel (India) of Singapore International Mediation Centre (SIMC); Empanelled Member of AIAC (Malaysia) Panel of Arbitrators & Mediators; Empanelled Member of the Main Mediation Centre, High Court, Bombay; Empanelled Mediator of the Centre for Mediation & Conciliation (CMC) of The Bombay Chamber of Commerce and Industry; Indian Council of Arbitration (ICA); International Centre for Alternative Disputes Resolution (ICADR); Bombay Incorporated Law Society.

Recent Publications & Speaking Engagements

Regularly contributes articles on diverse legal topics. Recent Publications: Mediation In India: A Critical Analysis of Progress and Potential - Published on KCo Blog 'Compass' (20 March 2025); “Rights of a Third Party to Appeal: What is Permissible” – Lexology (7 March 2025); Legal Framework for Mediation in India - Published on KCO Blog 'Compass' (23 January 2025); “Supreme Court holds that fundamental amendment to a complaint under Section 138 of the Negotiable Instruments Act is not justified after the stage of recording evidence” – Lexology (June 2024); “Dispensing with the Notice under section 21 of the Arbitration and Conciliation Act, 1996 for commencement of arbitration proceedings” – Lexology (April 2024); “Arbitration Dossier (2021-22)| A Snapshot of Major Developments in Lex Arbitri” - SSC Online (December 2022); “How expensive will be your arbitration now? Unearthing the ‘Cost’ and ‘Fees’ conundrum in an Indian-Ad hoc Arbitration.” – Legal Era (Sept-Nov 2022); “Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing Times” published by Mediate (April 2021); “Arbitration Dossier (2021-22)| A Snapshot of Major Developments in Lex Arbitri” - SSC Online (December 2022); “How expensive will be your arbitration now? Unearthing the ‘Cost’ and ‘Fees’ conundrum in an Indian-Ad hoc Arbitration.” – Legal Era (Sept-Nov 2022). Regularly invited to speak before various fora. Recent Speaking Engagements: Panelist and Speaker at the Meritas Annual General Meeting 2025 at Mexico on the Topic of Discussion: Navigating the new Era of "RE- Globalisation" impact on Asian Supply Chains, Trade Policies and legislations”; Panelist and Speaker at the MediateGuru's 4th Virtual International Negotiation Competition (VINC) 2025 in collaboration with the ADR Cell, Damodaram Sanjivayya National Law University (DNLU), Jabalpur | Judge for the Grand Final Round. A Panel discussion on: "The Ripples of Gayatri Balasamy: Consequences for Domestic and International Arbitration in India"; Panelist and Speaker at the National University of Juridical Sciences’ Alternative Dispute Resolution Society; Judge for the final round of the | 7th NUJS Mediation Competition 2025; Panelist and Speaker at the 2nd ICFAI Mediation Competition, 2025; organised by the ADR Committee ICFAI Law School, Dehradun | Judge the Final Round; Panelist and Speaker at the 1st Nitin Patil Memorial: Symbarbitrate - Deal Mediation Competition, 2025 organised by the Corporate Law Cell at Symbiosis Law School, Pune | Judge the Final Round; Panelist and Speaker at the Kluwer Law International Meet 2024 in Mumbai | Comparative Analysis of Domestic vs. International Arbitration: Challenges and Benefits on “Evolving Landscape of Arbitration cross the globe in general and India in particular”.

Compensation

Hourly Rate: $200.00 Daily Rate: Not provided Study Rate: $150.00/hr Cancellation: Not provided Cancellation Period: 2 Days Comment: Out of pocket expenses are excluded from the professional fees and are separately chargeable as per actuals. No fees charged for cancellation if conveyed 2 days prior to the hearing/in case of emergency. in all other cases 50% of the actual fees.

Languages

English; Hindi

Citizenship

India

Locale

India