Tanushree Malik

Assisted in a matter under Section 34 of the Arbitration & Conciliation Act, 1996, challenging an arbitral award on the ground that the sole arbitrator was unilaterally appointed by an interested party without compliance with Section 12(5) and the proceedings were conducted without valid notice under Section 21, violating principles of natural justice. Assisted in a matter concerning whether an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator can be entertained by the Court in the absence of a valid notice invoking arbitration under Section 21 of the Act, where the arbitration clause prescribes a procedure for appointment, and the invocation notice sent does not explicitly refer to the arbitration clause or request reference of disputes to arbitration, thereby impacting the jurisdi Assisted in a Section 34(2)(b)(ii) challenge to an arbitral award granting loss of profits on the ground that the award violated the fundamental policy of Indian law. The challenge was based on the absence of evidence linking delay to the respondent, the claimant's capacity for alternate work, or actual proof of loss and the award's conflict with binding judicial precedents.

ASSOCIATE - OFFICE OF ADV. AYUSH CHOUBEY - BHOPAL

(2024-12 - 2025-09)

• Assisted in a matter under Section 34 of the Arbitration & Conciliation Act, 1996, challenging an arbitral award on the ground that the sole arbitrator was unilaterally appointed by an interested party without compliance with Section 12(5) and the proceedings were conducted without valid notice under Section 21, violating principles of natural justice.
• Assisted in a matter concerning whether an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator can be entertained by the Court in the absence of a valid notice invoking arbitration under Section 21 of the Act, where the arbitration clause prescribes a procedure for appointment, and the invocation notice sent does not explicitly refer to the arbitration clause or request reference of disputes to arbitration, thereby impacting the jurisdi
• Assisted in a Section 34(2)(b)(ii) challenge to an arbitral award granting loss of profits on the ground that the award violated the fundamental policy of Indian law. The challenge was based on the absence of evidence linking delay to the respondent, the claimant's capacity for alternate work, or actual proof of loss and the award's conflict with binding judicial precedents.
• Assisted in a matter concerning the maintainability of an application under Section 8(1) of the Arbitration and Conciliation Act, 1996, where the issue was whether a party had waived its right to arbitration by failing to invoke the arbitration clause within the statutory timeline. The matter involved interpreting the mandatory language of Section 8(1) post-2015 amendment, in light of waiver by conduct and procedural bars under the Commercial Courts Act, 2015.
• Assisted in advising a client on the maintainability of immediate judicial review against an arbitral tribunal's rejection of a jurisdictional challenge under Section 16. The issue involved whether such a challenge can be raised only after the final award under Section 34 and required preparation of a detailed case note on procedural law and judicial precedents.
• Assisted in a series of arbitration matters involving the drafting of Statements of Defence, Section 11 applications, and petitions under Sections 34 and 8(1) of the Arbitration and Conciliation Act, 1996. Contributed to pleadings and written submissions before the (i) Hon'ble Madhya Pradesh High Court and (ii) Hon'ble Delhi High Court.

INTERN - CONSORTIA LEGAL - MUMBAI

(2024-07 - 2024-08)

• Researched on the amendment in SEBI Regulations and guidelines on oversea Investment by India Investors in Alternative Investment Funds.
• Researched on the registration process of Electronic Product under for Scheme II of Schedule II to the BIS (Conformity Assessment) Regulations, 2018
• Drafted an Amenities Agreement for Lease Renewal.

INTERN - KARANJAWALA & COMPANY - NEW DELHI

(2023-06 - 2023-06)

• Researched on whether compensation for breach of contract under Section 74 of the Indian Contact Act, 1872 has any application on public auction conducted under liquidation process Regulation, 2016
• Researched on application of promise on time barred debts under 7(5)(b) of Insolvency and Bankruptcy Code, 2016.
• Researched on the validity of waterfall mechanism and Section 327(7) of Companies Act, 2013 in reference to preferential payment of dues to workers following liquidation.
• Researched on withdrawal of application under Section 12A of Insolvency and Bankruptcy Code, 2016.

INTERN - KAYAK LAW OFFICES - GURUGRAM (ONLINE)

(2023-04 - 2023-04)

• Researched on the restriction and compliance obligations for loans and investments by companies under section 186 of the Companies Act, 2013.
• Researched on if pawnor can be made liable for repayment of the entire debt under Section 172 and 176 in the absence of any guarantee being furnished under Section 126 of the Indian Contract Act, 1872
• Researched on how section 135 of the Companies Act, 2013, affect the (Corporate Social Responsibility) CRS obligation and reporting requirements for company.

INTERN - KSLEGAL AND ASSOCIATES - MUMBAI

(2022-12 - 2023-01)

• Researched on continuing cause of action and correlation between Section 13 and 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).
• Researched on exemption granted to agricultural land under Section 31 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).
• Researched on whether order passed under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) is an appealable order.

INTERN - PINE LAW PARTNERS LLP - BHOPAL (ONLINE)

(2022-06 - 2022-07)

• Researched on Health Insurance Portability and Accountability Act (HIPAA) and Business Associate Agreement (BAA).
• Researched on Investment series in a startup
• Drafted a Business Associate Agreement in compliance with HIPAA rules.
• Drafted privacy policy for a company offering banking services.

INTERN - RAB & RAB ASSOCIATES - DEHRADUN

(2022-01 - 2022-01)

• Researched on legal safeguards available to protect rights of minority shareholders under the companies act.
• Researched on how doctrine of frustration as interpreted under section 56 of the Indian Contract Act, 1872 impart contractual obligations in situations where performance becomes impossible.
• Drafted notice under Section 21 of Contract Labour (Regulation and Abolition Act).

INTERN - OFFICE OF ADV. PANKAJ DUBEY, ADVOCATE-ON-RECORD, HIGH COURT OF MADHYA PRADESH - JABALPUR

(2021-06 - 2021-07)

• Researched if director who has resigned from the company be held liable for cheques subsequently issued and dishonored under Section 141 of the Negotiable Instruments Act, 1881.
• Researched on remedies available for breach of contract under the Indian Contract Act, 1872 and how can damages be claimed for the loss suffered.
• Researched on privity of contact under section 2(h) of the Indian Contract Act, 1872 and how it affects the rights and obligations of a third party to a contract.

B.A., LL.B. (Hons.) - Law - National Law Institute University, Bhopal (NLIU) (2024)