Bhushan Satish

BHUSHAN SATISH is a New York- and India-qualified lawyer in the firm’s Global Disputes practice, where he focuses on international arbitration and complex commercial litigation before U.S. state and federal courts. Most of his work involves cross-border disputes, frequently implicating multijurisdictional and parallel proceedings. Bhushan has served as counsel and tribunal secretary in more than 50 arbitration and litigation matters spanning various industries, including corporate finance, construction and infrastructure, energy, pharmaceuticals and life sciences, insurance and reinsurance, agribusiness, and minerals and natural resources. His cases often deal with social and political issues involving States and State-owned entities.

Bhushan has studied and worked in the U.S., UK, South Korea, Switzerland, India, and France. As the first Indian lawyer in private practice in Korea, he is equally comfortable and familiar with common and civil law traditions. Bhushan holds an LL.M. from Harvard Law School and University of Geneva and Geneva Graduate Institute (Geneva). His primary law degree is from NALSAR University of Law, India.

International Arbitrations

• Representing a port concessionaire in a London-seated ad-hoc arbitration against a State in West Africa, where the sums in controversy exceed US$700 million.
• Successfully represented a consulting firm against a State ministry in a dispute relating to alleged mishandling of government secrets and involving emergency proceedings (Seoul; Korean law). Awarded full costs at the emergency stage.
• Successfully defended a publicly listed bank as respondent in a US$1.5 billion post-M&A arbitration initiated by a PE fund arising from acquisition of a banking assets and implicating a parallel ICSID arbitration against Korea (Singapore; Korean law). Awarded full costs.
• Successfully represented a Korean EPC company in claims arising relating to a supply of prefabricated steel for construction of an iconic Australian infrastructure project (Singapore; Australian law). Awarded 75% costs.
• Advised an Asian energy major in disputes implicating a suite of concession agreements connected to a failed power project in Southern Africa implicating more than US$1.2 billion in claims (London; English law). Dispute settled after issuing a notice of dispute.
• Successfully represented an Asian infrastructure client in an ICC arbitration against its JV partner arising from construction of an offshore oil and gas platform in Southern Africa (London; English law). Dispute settled on favorable terms immediately after issuing a request for arbitration.
• Successfully represented a sport company in multiple, connected disputes arising from a master franchise agreement under the ICDR-AAA Rules (San Francisco; U.S. law). Settled on mutually favorable terms.
• Successfully represented a pair of EPC contractors in a dispute arising from concession agreements for construction of a roadways project in Southeast Asia (ICC; Singapore).
• Represented a media company in an LCIA arbitration arising from a sub-licensing arrangement for broadcasting rights in South Asia of a sporting event.
• Advised a State-owned energy major in potential investment treaty claims arising from cancelation of coal exploration and mining licenses in Australia. Settled.
• Advised an Indian investor in an investment dispute with a South Asian State concerning establishment of a power plant and allocation of natural gas for its operation. Claim valued in excess of US$200 million.
• Advised respondent in (i) Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, PCA Case No. 2016-07, and (ii) Vedanta Resources plc v. The Republic of India, PCA Case No. 2016-05.
• Represented claimants in Mason Capital L.P. and Mason Management LLC v. Korea, PCA Case No. 2018-55.
• Represented EPC contractor in an investment treaty dispute against a North African State concerning the construction of public utilities in claims connected with events arising from the Arab Spring (UNCITRAL, The Hague).
• Represented claimant in Ansung Housing Co., Ltd. v. People's Republic of China, ICSID Case No. ARB/14/25.
• Represented a real estate developer against a Chinese municipal government in HKIAC claims arising from a concession to develop golfing facilities (Hong Kong; Chinese law). Settled.

Litigations

• Representing an aerospace company in global enforcement proceedings connected to a US$1.4 billion arbitral award.
• Advised a New York short seller in a cross-border investigation by market regulators and in potential claims arising from trades made on a listed company in South Asia, where the underlying research report prepared by a third party resulted in a decline of the company’s stock value publicly estimated to be over US$150 billion.
• Advised UK- and U.S.-domiciled clients in a transnational dispute over ownership of certain Kazakh-based assets in the banking and education space. The dispute variously involved claims before U.S. federal courts, the UK High Court, and a London-seated LCIA arbitration of a shareholders’ dispute.
• Successfully dismissed claims against a New York hedge fund in a putative securities class action lawsuit seeking upwards of US$2.2 billion in damages filed before the Southern District of Ohio involving an AI-lending platform matching banks and credit unions to consumers seeking loans.
• Represented a major U.S. insurance carrier in defending against very high-value coverage claims arising from opioid-related MDL litigation against a major pharmaceutical distributor in multiple state court claims of Ohio and North Carolina. In what was one of very few post-Mallory decisions by a court applying a consent-by-registration statute, Bhushan was part of the team that successfully convinced the North Carolina Superior Court to dismiss the insured’s attempt at forum shopping.
• Represented an affiliate of a PE fund focused on oil and gas assets in adversary proceedings arising from a royalty dispute implicating coal assets before the United States Bankruptcy Court for the Southern District of West Virginia.
• Represented a major U.S. insurance carrier in adversary proceedings filed in relation to PFFS claims brought against an AFFF manufacturer in the United States Bankruptcy Court for the District of Delaware.
• Represented former directors of a NYSE-listed public bank in securities class action and derivative lawsuits before New York federal and state courts in claims arising from acquisition of a former U.S. bank’s assets.

The above matters were handled prior to joining Sidley.