Zoeb S. Cutlerywala
Partner
Mumbai
Zoeb Cutlerywala is a Partner with Phoenix Legal at their Mumbai offices with over 10 years of experience. He is part of the litigation and dispute resolution practice of the firm and his focus areas are shipping and maritime, EPC and infrastructure projects, insolvency and bankruptcy, real estate, white-collar crimes (defence and prosecution), corruption, extradition, money laundering and other criminal matters and general commercial disputes.
Zoeb has advised and represented various Indian and foreign clients and foreign firms on a spectrum of disputes arising out of bills of lading, charterparties, short landing of cargo, lien on cargo and arrest and release of vessels. He has also advised clients on sale and purchase of ships, ship building contracts, legal regime for ship breaking in India, etc. He regularly represents clients in Admiralty matters before the Bombay High Court and Gujarat High Court for release and arrest of vessels and disputes involving action in rem and personem, demurrage, maritime claims, maritime liens, collision, general average and particular average losses, etc.
Zoeb has counselled and represented clients in various legal courts and tribunals across India. Zoeb possesses well proven expertise in handling complex litigation and arbitration matters, both on technical as well as industry specific aspects. He has been extensively involved in arbitration proceedings, both domestic and international commercial and has participated in arbitrations with various prestigious institutions like London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC) amongst others.
- Represented various public sector undertakings like BPCL, HPCL, IOCL, RBI, Mazgoan Dock Ltd., Balmer Lawrie & Co. Ltd. in their numerous litigation and arbitration matters. Successfully enforced and executed an award for BPCL against Kingfisher Airlines before the Bombay High Court.
- Represented Malayan Bank, one of the largest banks in Malaysia in various jurisdictions in India in respect of Letter of Credit transactions and the UCP 600.
- Represented Larsen & Toubro, to successfully secure awards in a domestic arbitration against levy of price adjustment for delay in EPC/ LSTK contract for construction of a petrochemical and oil refinery.
- Represented KSR Marine Services Pvt. Ltd. a dredging company based in Hyderabad, in a domestic arbitration arising out of non-payment of invoices under a Special Conditions Contract.
- Represented EOC Belgium NV, a Belgium based leading chemical manufacturer and its Indian subsidiary EOC Polymers India Pvt. Ltd., in an international commercial arbitration for adjudication of disputes arising out of a Joint venture cum technology sharing agreement.
- Represented Damas Jewellery LLC, a jewellery giant based in Dubai, before the Bombay High Court in a major trademark dispute with its joint venture partner in India, Gitanjali Brands Limited Gitanjali Gems Limited. Succeeded in getting a clean sweep ad-interim injunction order against using the mark belonging to the client.
- Represented Gabon SEZ SA in an Admiralty suit for a maritime claim and securing custody of barges, present within territorial waters of Goa and UAB Garant Service, a Lithuania based company in arresting the vessel, “Hamburg”, belonging to Triplezea Shipping Corporation.
- Represented GMS Inc, world's largest purchaser of ships and offshore assets in an Admiralty suit for maritime claim for ownership of the vessel.
- Represented ARG Outlier Media Private Limited and Republic Media Network in the in-famous TRP scam investigated by the Crime Branch Mumbai along with other pan-India matters against the company. Represented the Editor-in-Chief of ARG Outlier Media Private Limited, Mr. Arnab Goswami in the alleged abetment to suicide case filed against him.
- Represented the Shipowners P&I Club and Durmast Enterprises in relation to sinking of the Vessel Papaa 305 due to ‘Cyclone Tauktae’.