Mohit Rohatgi

Mohit has been practicing in the field of litigation, arbitration and white-collar criminal defense for over 12 years. He has been a Dispute Resolution Partner at Trilegal since 2022. In his early years at the firm, Mohit was part of its general corporate and M&A practice. Mohit has successfully represented both Indian and international clients (including HNIs and senior management of global conglomerates) in their complex disputes in India and abroad.

Mohit leads a team of specialist lawyers dealing with a wide variety of civil and criminal disputes, and has experience in areas of engineering, procurement and construction (EPC), cross-border criminal investigations and trials, corporate regulatory and internal investigations, military and defence, tender disputes, corporate insolvency, maritime and shipping, aviation, foreign exchange laws, bilateral investment treaties, shareholder and joint venture disputes, telecom, media and technology (TMT), intellectual property infringement, etc.

Mohit acts as lead arguing counsel in litigations and arbitrations. He has an established counsel practice and is a regular face in the Supreme Court of India, High Courts, District Courts, National Company Law Tribunals, National Company Law Appellate Tribunals, ATFE (PMLA and FEMA) and Special Courts (CBI and ED).

Under his arbitration practice, Mohit has represented and advised clients in several international and domestic arbitrations, including under SIAC, ICC, LCIA, AAA and MCIA, in commercial disputes relating to construction, airports, shipping, power projects, corporate, hospitality, and defence procurement. He has also advised on investment arbitrations under bilateral investment treaties involving India, Libya, Mauritius, Singapore, and Bangladesh.

Mohit’s corporate criminal disputes and white-collar crime practice involves representing clients in domestic and cross-border criminal prosecutions and investigations relating to issues of anti-corruption, anti-bribery, anti-money laundering, economic fraud and employee misconduct. His expertise includes assisting corporations and their key management in investigations of law enforcement agencies such as CBI, ED, DRI, etc.

• Successfully advised and represented Franklin Templeton in proceedings before the Supreme Court, Madras High Court and Appellate Tribunal (money-laundering). Franklin Templeton’s decision to wind-up six debt mutual fund schemes in India, owing to the COVID-19 pandemic, came under scrutiny for allegations of inter alia insider trading, misappropriation of public money and cheating, resulting in several criminal complaints being filed. The matter was also widely reported in mainstream media (see here and here). Mohit was involved in securing a crucial interim order of protection from the Madras High Court. Mohit was also successful in securing relief for Franklin Templetons’ key management personnel in so far as the Appellate Tribunal (anti-money laundering) was pleased to set aside adverse findings of the ED’s Adjudicating Authority against the key management personnel.
• Advising and representing Agusta Westland International Limited (AWIL) in criminal proceedings instituted by the CBI and ED. The proceedings are a result of allegations of corruption against AWIL in securing the USD 560 million contract with Indian Air Force for supply of 12 ‘VVIP helicopters’ and the Government has also sought to prosecute the former Air Chief Marshall and Deputy Air Chief Marshall of the Indian Air Force, the Indian Auditor General and the Defence Secretary. The cases have been covered in depth by the media in both India and abroad.
• Successfully advised and represented Actis LLP and its employees/ former employees in quashing an FIR registered against Actis and its partners by Economic Offences Wing, New Delhi, in relation to its investments into a promoter-led Indian business called Super-Max Group. Mohit also advises and represents another Actis entity in multiple proceedings before the Supreme Court of India, the High Courts of Delhi and Bombay, District Courts, NCLAT and NCLT pertaining to contractual disputes stemming from the enforcement of an exit right to conduct a ‘drag’ sale. Mohit is also advising and representing in proceedings for enforcement of arbitral awards valued at over USD 250 million.
• Successfully represented EPC contractors such as Shapoorji Pallonji, Patel Engineering, Gammon Limited, etc. in their construction arbitrations (of varying claim values ranging from INR 25 Crore to INR 230 Crore) relating to hydro-power projects, public infrastructure, airports, steel plants, housing projects and R&D centres. Also successfully represented these clients in arbitration-related court proceedings under sections 9, 11, 34 and 37 of the Indian Arbitration Act before the Supreme Court of India and High Courts of Delhi, Punjab & Haryana, Bombay, Meghalaya, etc.
• Represented and advised corporate debtor, financial and operational creditor, resolution professional and liquidator before NCLT, NCLAT and Supreme Court of India in insolvency proceedings of companies such as; (i) Aircel Cellular, where Mohit assisted the Supreme Court during arguments on novel and undecided questions of insolvency law pertaining to set-off of dues during CIRP period; and (ii) Lanco Amarkantak Power Limited (LAPL), where Mohit successfully advised and represented the resolution professional of LAPL in one of India’s longest running insolvency proceedings spanning over 5 years. While the proposal to resolve insolvency of LAPL is still being implemented; Mohit continues to represent LAPL on issues in relation to inter alia the priority in payment of dues of a security interest holder, in the resolution plan, pending before the National Company Law Appellate Tribunal, Chennai.

• Arbitration
• Commercial
• Commercial disputes
• Insolvency
• International arbitration
• White collar crime

• Accounting
• Construction and materials
• Government and public policy
• Shipping
• Technology and telecommunications

• LLB Gujarat National Law University (2013)

• Supreme Court Bar Association (2022)
• Delhi High Court Bar Association (2018)
• International Bar Association Anti-Corruption Committee (2023)
• International Bar Association Arbitration Committee (2022)

• Bar Council of Delhi (2013)