Gautam Bhatikar

Gautam Bhatikar is a Partner dual-qualified in India and England, with 3 decades of wide-ranging experience in offshore maritime and shipping, insurance, environment, international trade, oil & gas, energy, commercial litigation and alternative dispute resolution (ADR). His primary practice area is Maritime Law.

He has acted for various large banks, shipowners, PSUs, oil companies and insurers in high-stakes and complex cross-border litigation and arbitration, advising and representing domestic and international clients from jurisdictions including the UK, US, Europe, the Middle East and South East Asia.

He advises and represents P&I Clubs, shipowners, charterers, shipbuilding and repair yards, bunker and necessaries suppliers, dredging companies, international banks, insurers, ports and terminals, cargo interests and traders. His practice covers urgent and complex admiralty and shipping matters across the Indian coastline, including vessel arrest and release proceedings.

He has represented one of the world's largest shipping companies in its joint venture dispute before the Singapore International Arbitration Centre (SIAC) and has regularly represented clients at the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), London Maritime Arbitration Association (LMAA) and Singapore Chamber of Maritime Arbitration (SCMA).

His experience spans both dry and wet shipping, including vessel sale and purchase, marine insurance, bills of lading, charterparty disputes, ship finance, shipbuilding and ship repair contracts, collision, salvage, wreck removal and marine pollution. He has advised terminal operators on PPP projects in the ports sector.

In offshore energy matters, he represents domestic and international contractors on offshore project construction from the RFQ and bidding stages through project execution and dispute resolution in the public procurement space. His marine insurance work covers cargo, hull and machinery, P&I and offshore risks. He also advises commodities traders, shipping and energy companies on international sale of goods, letters of credit, structured trade finance, high-seas sales, customs regulatory and sanctions matters across jurisdictions.

He has been regularly featured in the 'Recommended Lawyers' list of leading publications such as Chambers & Partners and Legal500, and ranked as a 'Distinguished Practitioner' by AsiaLaw Profiles.

His representative experience includes acting for L&T Hydrocarbon Saudi Co. in an ICC arbitration against Saudi Dialogue Services Co for a project executed in the Kingdom of Saudi Arabia (HWPV Facility, Jubail – Aramco Project); acting for HBA Offshore in a dispute against Samsung Heavy Industries related to FEED, detailed engineering, construction and commissioning of an FPSO; and acting for Nayara Energy Singapore PTE in high-value international charterparty disputes related to the impact of EU sanctions and demurrage claims under Shellvoy 5 and Shelltime 4 forms.

He represented Aquarro Logistics and Trading L.L.C-FZ before the Kerala High Court seeking arrest of the vessel MT Vision for multiple maritime claims; represented Silk Road Shipping & Chartering Ltd. before the High Court of Orissa on a dispute related to failure to provide the vessel for chartering as per the charterparty; and represented Global Marketing Systems (GMS), the world's largest buyer of ships, in admiralty proceedings before the Bombay High Court in a dispute related to the purchase and change of ownership of a vessel.

Other matters include representing Expander Shipping LLC in LMAA proceedings regarding liability and cost of underwater cleaning and bunkering operations; representing a Dubai-based commodity trading company in LMAA arbitration for recovery of an outstanding demurrage claim and passing on a fouling claim; and representing Shipowner's Protection Limited and other parties on wreck removal and disciplinary actions initiated by the customs department in respect of the import of the non-propelled work accommodation barge 'Papa-305'.

He represented Skuld and its member in matters relating to the release of a vessel that collided in South East Asia with another vessel and several claims made by cargo interests for damage and loss of cargo, including the setting up of a limitation fund in Hong Kong. He represented the owners of 'Papa-305' in proceedings before the Directorate General of Hydrocarbons, DG Shipping, the High Power Committee (PMO), the committee appointed by the Ministry of Petroleum and the ONGC Committee in the investigation into the capsizing of the vessel during a cyclone, which resulted in the fatality of 88 seamen and engineers working on the Bombay High oil field; the investigation ultimately led to the formulation of a new Coastal Policy by the Government of India.

He advised Larsen & Toubro, the head contractor, on its contracts and disputes with various vendors for ONGC offshore projects; advised AG Shipping Singapore on the purchase of an FPSO from Norway for deployment on the East Coast of India for an ONGC project; advised BW Offshore on an agreement for providing specific and O&M services in respect of the KG D6 Ruby FPSO; and advised Goldman Sachs (commodities arm) on laws applicable to the sale and purchase of commodities in India, high-seas sales of gold, coal, oil and food grains, and the regulatory issues applicable to such transactions.

He also advised Sojitz Corporation, a Japanese commodities giant, on various sale and purchase transactions in India and disputes with suppliers in India; advised Standard Chartered Bank in a letter of credit-related dispute against an Indian multinational company; advised an Indian insurer on a marine insurance claim relating to the sinking of a dredger at a west Indian port and consequent disputes under subrogation; and advised Larsen & Toubro and a yard in Bangladesh in proceedings against a Korean shipping company challenging the general average declared by the owner, including arrest in Turkey for non-delivery of cargo and seeking orders for transhipment of cargo stranded on board to India, Sri Lanka and Bangladesh.

Other matters include representing Celestial Vision, a BVI-based shipowner, in a section 9 proceeding before the Bombay High Court against an LMAA-seated award, where the vessel was detained on allegations of wilful default and group of companies doctrine; advising Tata International Limited on standard terms of operation in different categories of metal and non-metal trading; advising Adani Enterprises (Bunkering Division in India, Dubai and Singapore) on standard terms of operations for supply and procurement of bunker supply within India and to the international market through their subsidiaries; advising Welspun Corp Limited on finalisation of a fixture note for a contract of affreightment with Propel Shipping Pte. Ltd., Singapore, for the transportation of coated steel pipes; and advising Island Development Co. in a dispute with MOC Shipyard and Australia Marine Tech Private Limited for a vessel under repairs in a yard located in Goa.

He represented OOO M-Shipping before the Calcutta High Court in proceedings for a claim arising out of an assignment agreement on adjudication of priority of claims in India and disbursements of money from sale proceeds pre-decree; advised L&T Hydrocarbon & Engineering Ltd (LTHE) on reviewing an existing bridge loan agreement and other facilities, ship certifications and insurance policies, drafting and finalising ship finance documents including a deed of mortgage of the vessel and a deed of covenants, assignment of earnings and insurance, and registration of charge with the Mercantile Marine Department as first priority charge; and advised international banks including China Merchant Bank, Axis Bank, Bank of Nova Scotia and OCBC on enforcement of mortgage claims in India.

He also advised HDFC Bank on financing a fleet of coastal vessels registered in India, including review of the mortgage deed and providing necessary documentation and representation before the Maharashtra Maritime Board, and advised a Houston-based rig owner in a customs dispute with the Department of Customs pertaining to duty drawback, with representation up to the Supreme Court of India.