Expert Witness on Indian Law in US Proceedings

What this covers

I give testifying and consulting opinions on questions of Indian law that arise in US litigation, arbitration and administrative proceedings. I also prepare rebuttal opinions where the other side has already served an Indian-law report.

US federal courts decide questions of foreign law under Rule 44.1 of the Federal Rules of Civil Procedure, and may consider any relevant material in doing so, including expert testimony. In deciding how much weight to give an opinion, the court may look at the expert’s qualifications. I am admitted in California and enrolled with the Bar Council of Delhi, so I am qualified in the jurisdiction whose law is in issue and familiar with the forum that will weigh the opinion.

The opinions usually concern:

• the Companies Act, 2013, and the duties and liabilities of directors and officers;
• the Bharatiya Sakshya Adhiniyam, 2023, including its rules on privileged professional communications;
• the Prevention of Corruption Act, 1988;
• the Foreign Exchange Management Act, 1999, and controls on cross-border transactions;
• the Insolvency and Bankruptcy Code, 2016;
• regulation by the Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI);
• the Advocates Act, 1961, and the Bar Council of India Rules; and
• Indian civil and criminal procedure, where it is in issue before a US tribunal.

An engagement starts with the question the matter turns on and the role you need, whether as testifying expert, consulting expert or in rebuttal. If you have a matter that turns on Indian law, do reach out and I will take a look.