Ashish Bhan

Ashish Bhan is a Partner at Trilegal and drives the firm’s commercial and civil litigation, arbitration, white-collar, defence, and investigations practice. He represents Indian and multinational clients in corporate and commercial disputes before Indian courts, domestic tribunals, and international arbitral forums.

Ashish regularly acts for international defence companies, telecom and broadcasting companies, infrastructure majors, funds and commercial banks, high net-worth individuals and a wide variety of clients in high-profile disputes. Ashish has been arguing in commercial disputes for telecom companies, funds, and infrastructure companies in various arbitration and arbitration-related court proceedings, including at the Singapore International Arbitration Centre and the London Court of International Arbitration. He has acted as an Indian law expert in an AAA arbitration in the United States and advised clients on bilateral investment disputes with the Government of India and other foreign states.

Ashish regularly advises clients on insolvency matters and played a key role in India's first-ever resolution of a leading non-banking financial institution. In his white-collar defence and investigations practice, he advises on anti-corruption and financial crime issues. He has represented clients in major cases, including the 2G Scam, Coal Scam, and Rafale Case. He also collaborates with the World Bank on policy initiatives and legal frameworks.

• Represented a foreign entity, backed by a global private equity fund and holding an ~80% stake in an Indian company, in a complex series of disputes with minority shareholders arising from a proposed share sale. The matters spanned multiple courts and forums, including:

- Interim relief proceedings under Sections 9 and 17 of the Arbitration Act (granted in favour of the client); • Contempt proceedings for breach of interim orders; and

- A company petition under Section 59 of the Companies Act before the NCLT, Chennai. Successfully secured an interim order for the constitution of a management committee to oversee the company’s operations. The matter involves a rare India-seated international arbitration concerning minority oppression and mismanagement.

• Advised and represented Air Works UK Engineering Limited (AUEL) before the NCLT, Bengaluru, in a Section 213 petition seeking a forensic investigation into an Indian entity (50% held by AUEL’s parent) over unauthorised financial transactions. In 2023, the Indian entity’s management allegedly bypassed board approvals, obstructed an internal audit, and engaged in fraudulent activities, including the misuse of company funds, undocumented vendor payments, and regulatory violations. The alleged fraud is valued at INR 21 crore. This cross-border dispute has significant legal implications in both Ireland and the UK.
• Represented Vodafone Idea Limited (VIL), a telecom service provider, before multiple courts and tribunals in India. Specifically, in a copyright suit against Copyright Societies registered under the Indian Copyright Act, 1957, before the Calcutta High Court. VIL contended that licenses from music companies include its ‘Value-Added Services’ offerings, while the Indian Performing Rights Society (IPRS) argued that a separate license is required for ‘underlying works’ post the 2012 Copyright Act amendment. In May 2024, the Single Judge granted interim relief to IPRS, restraining VIL from using its repertoire without a valid license. Ashish successfully appealed this order, securing its vacation by the Division Bench. He is representing VIL’s senior management in a contempt petition filed by IPRS for alleged non-compliance with court orders. The case raises a key legal issue—whether the 2012 Copyright Amendment grants additional rights to authors of literary and musical works—a question yet to be settled by the Supreme Court amid conflicting High Court rulings.
• Advised SNV Aviation Private Limited (a company that operates an airline under the brand name Akasa Air) in its dispute with pilots before various courts across India. A significant litigation is pending before the Delhi High Court involving over 40 Akasa Air pilots who resigned between June and September 2023 without serving the mandatory six-month notice period required under their employment contracts and DGCA regulations. Ashish successfully acted and represented Akasa Air before the Delhi High Court against the civil aviation regulator – DGCA, and pilot associations for urgent interim reliefs to prevent such illegal resignations. The Delhi High Court passed an interim order upholding Akasa Air’s contention that the DGCA is empowered to take penal action against pilots who fail to serve the mandatory minimum notice period upon resignation. The High Court has put the pilots on notice that future resignations without serving the mandatory notice period will be at their own risk and subject to the petition's outcome. This widely reported interim order has significant industry-wide implications, offering long-awaited clarity to the DGCA, airlines, and pilots, and reinforcing the enforceability of notice period obligations an issue hotly contested since 2009.
• Represented employees and the independent directors of United Breweries Limited (UBL) in relation to criminal proceedings before the Sessions Court in Lucknow, the Allahabad High Court, Lucknow Bench, and the Supreme Court. These proceedings are a result of certain criminal processes initiated in Lucknow against UBL and its employees over missing beer supply trucks and alleged excise duty evasion. By March 2019, several independent directors and a company secretary were also named as accused. Ashish successfully represented UBL and its employees in anticipatory and regular bail proceedings, securing bail from the Allahabad High Court in May 2023 after the Supreme Court revived criminal proceedings earlier quashed by the High Court. He is also representing UBL’s independent directors before the Supreme Court in defending the High Court’s order quashing charges against them, amid challenges by the complainant and the State. The matter raises key legal questions about the denial of bail post-investigation and the impact of potential further investigation. The case would also be instrumental in consolidating the legal position regarding the criminal liability of independent directors serving on committees specified in the Securities Exchange Board of India’s (LODR) regulations.

• Arbitration
• Commercial
• Commercial and transactions
• Construction and real estate
• Dispute resolution
• Insolvency
• Intellectual property
• International arbitration
• White collar crime

• Aviation
• Banking
• Construction and materials
• Consumer goods and services
• Energy
• Financial services
• Government and public policy
• Technology and telecommunications

• Supreme Court Bar Association, 2009
• Delhi High Court Bar Association, 2009
• International Bar Association, 2022

• On the panel of Arbitrators in the Caspian Arbitration Society, Geneva

• LLM, University of London (2008-09)