Santanu Ghosh
Of Counsel Partner
Santanu Ghosh, the Founder & Managing Partner-Lex Ensemble FZ LLC, brings to the table 25 years of experience across India and UAE in litigation, international arbitration and transactions. Registered as a Part 2 counsel with DIFC Court, his repertoire consists of both as an in-house Counsel and as a practicing lawyer in Commercial contracts, Sports, Manufacturing & Infrastructure, Airports, Oil & Lubricants, Real Estate matters including high ticket Rental disputes, Civil/Commercial disputes, Criminal law, Construction Disputes, Agency law, Consumer Law, IP disputes, Maritime Cases, Employment Law, Competition Law, Trust Law, Bankruptcy & Insolvency law, Family Law, Trademark Infringement as well as general fields of law.
As an in-house Counsel with renowned banners like ICICI Bank Ltd., Standard Chartered Capital Markets, Mumbai International Airport Pvt. Ltd, Tata Capital Financial Services Limited in India, Santanu had the opportunity to brief senior counsels like Mr. Harish Salve, Mr. Mukul Rohatgi, Mr. C.A. Sundaram, Mr. Dushyant Dave, Mr. Krishnan Venugopal, Mr. Janak Dwarkadas, Mr. Virag Tulzapurkar, Mr. Dinyar Madon, Mr. Pravin Samdani etc. in high stake Arbitration matters relating to Commercial transactions , Writ Petitions in Tender matters & public policies, Airport Regulatory matters, Airport development fee matter, Right to Information matters, Service Tax matters, Ground handling etc.
As a litigation lawyer, Santanu started his journey with Mr. Soumen Sen, currently a sitting Judge of High Court at Calcutta, thereafter worked in Chambers of Late Mr. Kirit Raval, ex-Solicitor General of India and Mr. Joydeep Gupta (Barrister-at-law), the top notch senior counsels of Supreme Court which added an edge to providing solution to litigations critical to the corporate house and also provided a niche in drafting of Special Leave Petitions and other Applications in the likes of Writ Petitions, Suits, Consumer matters, Criminal matters etc.
Santanu was solely responsible for all transactional documents of Castrol Oil and British Petroleum while practicing in Mumbai. He successfully handled litigation matters relating to Kingfisher Airlines, Hiranandani Palace Gardens, Biotor Industries, Kiri Industries, ABG Shipyard Pvt. Ltd., Manipal Motors, Tata AIG etc. amongst others.
His other notable clients were Jet Airways Ltd., Cox & Kings Ltd., Kotak Mahindra Bank, SBI Capital Markets.
Since 2017, in UAE, he has single handedly dealt with high profile arbitration matters related to ICC, DIFC-LCIA, ICC Anti-corruption Tribunal, ICC Arbitration, DIAC, claims before DIFC court as well as supported litigation teams in civil/commercial matters before local courts in UAE.
Some notable matters handled by him are listed below:
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DIFC-LCIA before sole arbitrator Mr. Ahmed Ibrahim (was the lead counsel and won the matter regarding shareholder dispute in July 2023.
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Acted as lead counsel for ex-UAE national cricket captain in a breach case before a three bench Tribunal consisting of the Honourable Michael J Beloff QC Chairman MichaelHeron (then QC) and Imtiaz Ahmad, Bar-at-law.
- Acted as lead counsel in three DIAC matters before Dr. Talal H. Jaber, Ms. Lara Hammoud and Mr. Thani Al Falasi.
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Successfully set aside default judgements in two Part 7 DIFC Court Claims- one before H.E Justice Omar Al Muhairi as a Part 2 counsel and the other based on no-objection from the Claimant.
- Was successful in getting the personal bank guarantee of the Defendant revoked in a suit filed by Union Bank of India before DIFC Court, part 7 Claim before Justice Lord Angus Glennie.
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Drafted the main application along with the Rejoinder & Skeleton Arguments for Synder Prime Limited (ADGM company) and appeared as a lead counsel in a Part 8 claim in DIFC Court for Interim Injunction which has been confirmed by Justice H.E. Justice Shamlan Al Sawalehi.
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Drafted the response & appeared as lead counsel before Justice H.E. Justice Shamlan Al Sawalehi for Snyder Prime Limited in an Application for Permission to Appeal on 19th October 2023 and won the case. The Permission to Appeal has been rejected.
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Drafted the main application along with the Rejoinder & Skeleton Arguments for Synder Prime Limited (ADGM company) and appeared as the lead counsel in a Part 8 claim for permission to commence Derivative Claim along with Rejoinder & Skeleton Arguments for Snyder Prime Limited before H.E. Deputy Chief Justice Ali Al Madhani and won the case.
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Drafted the objections in the Permission to Appeal filed by the Opposite Party against the Derivative Claim and won the case. The Permission to Appeal has been rejected.
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Appeared as a lead counsel before Justice Rene Le Miere for Vision Constructions in an application for striking out of a Claim and won the case. Currently the main case is coming up for trial on 3rd July 2024.
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Appeared for the defendant in a high-profile money claim before Justice Andrew Moran in DIFC Court which is pending for final judgement.
- Successfully guided an employee in Small Claims Tribunal, DIFC Court.
- Successfully guided a client in SCT Tribunal DIFC Court before SCT Judge HAYLEY NORTON.
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Drafted defense for an individual client against ADCB in ADGM Court.
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Currently working on three arbitration claims in relation to an Investment, construction and claims issue before DIAC.
Not only litigation, but Santanu leads his team in drafting & review of agreements relating to Cross border business agreements, Portfolio advisory/Sharia Advisory agreements, financial services advisory agreements, Intermediary agreements, Service Provider Agreements, Distributor/Agency agreements, Partnership agreements, Share purchase & share subscription agreements, Shareholder agreements, JV agreements, Trust Deed, NDA & NCND, Brokerage Agreement etc.
He provided written opinions relating to: Employment Law (Mainland UAE & DIFC/ADGM), Rules & regulations of DIFC/ADGM regulated companies, Non- Compete/ Confidentiality Laws, Creation of Trust/Foundation, Wealth management issues for DIFC/ADGM companies, Data Protection Law, Incorporation of companies/new startups in UAE, Due diligence/compliance, Bankruptcy & Insolvency Law, Liquidation, Family law etc.