Renowned for its expertise in corporate law and its knowledge of capital and financial markets, Nithya Partners is considered a leader in corporate restructurings and in M&A work in Sri Lanka and has advised on some of the largest cross-border investments in recent times. Given its multi-disciplinary capabilities, the Firm is also sought after for its expertise in banking and finance and tax law. The Firm's specialization in projects and project finance extends to diverse sectors including energy, telecommunications, transport, utilities and port development while its dynamic dispute resolution team handles complex and multifaceted litigation.
Consolidating its stance as one of the leading law firms in Sri Lanka in the field of banking and finance, Nithya Partners has been ranked as a Tier 1 law firm by the ‘Legal 500 Asia-Pacific’ and ‘Chambers and Partners’ on multiple occasions.
The department has expertise in all facets of banking and financial law, encompassing regulation, litigation, documentation and advisory and its clientele include both local and foreign banks and investment banks. The department has also recently provided the International Swaps and Derivatives Association, Inc. (ISDA) with ‘The Informal Country Update on Sri Lanka”.
The Firm has amongst its clients the main local private sector commercial banks and the branches of foreign banks operating in Sri Lanka. The Firm has acted as the local legal counsel for several international bond issuances, loan syndications and bilateral loans involving the Government of Sri Lanka and local corporates. It also has a dominant market position in the loan syndication market and listed debenture market in Sri Lanka.
Its transaction and advisory services for international clientele include debt structuring, structured finance, derivatives, Islamic finance and trade finance and marketing prohibitions.
By virtue of its role as the primary lawyer for key foreign banks operating in Sri Lanka, the department’s members have developed a sound understanding of international best practices. This, along with their in – depth knowledge of banking regulations and practices in Sri Lanka has been the key to the emergence of the department as a Tier 1 Firm.
Nithya Partners is a market leader in the areas of corporate and commercial law in Sri Lanka. The Firm is consistently ranked as a Tier 1 Law Firm by ‘Legal 500 Asia-Pacific’ and ‘Chambers and Partners’ in these respective sectors. The team is headed by the Firm’s precedent partner Mr. Naomal Goonewardane who currently serves as a Member of the Company Law Advisory Commission established under the Companies Act and as a Member of the Monetary Board Risk Oversight Committee of the Central Bank of Sri Lanka. Mr. Goonewardane is supported by Ms. Nirusha Ratnatunga, who handles the M&A and FDI aspects of the practice. The Firm’s services cover the entire gamut of corporate activity and governance.
Nithya Partners has a proven track record of being one of the most efficient and effective Law Firms in the corporate sector, having consistently been retained to advise and structure some of the largest and most complex capital raising and M&A transactions in the country. The division also offers clients unparalleled expertise and experience in dealing with its regulatory and compliance requirements. Nithya Partners also specializes in the restructuring of businesses including succession planning in family owned companies as well as in the negotiation and settlement of complex shareholder disputes. The structuring expertise of the Firm is complemented with a sound knowledge of finance and tax and the ability to contribute to optimum solutions which require the expertise of cross functional teams.
The Firm boasts an impressive and diverse portfolio of clients, including public listed companies, state entities, financial institutions and multinational companies. As a testament to its impact on the corporate legal landscape of Sri Lanka, the Partners of the Firm are regularly invited to participate in both governmental and private initiatives for law reform including collaborating with and making representations on behalf of Chambers of Commerce, Trade Associations and other Professional Bodies in respect of matters of business interest.
The project finance practice of Nithya Partners is headed by Mr. Chanaka de Silva, President’s Counsel, who is regarded as one of the foremost legal experts in project finance transactions and negotiations in Sri Lanka. He has been instrumental in developing this practice area of the Firm into a Tier 1 ranked practice, endorsed by the ‘Legal 500 Asia-Pacific’ and ‘Chambers and Partners’. Mr. de Silva himself has been recognised as a top practitioner in this practice area for almost a decade.
Nithya Partners has acted as the legal advisors for the State or the private investors in most notable project financed ventures in Sri Lanka. It has handled projects involving diverse sectors including power and energy, telecommunications, transport and port development. As a testament to the firm’s standing in the industry, Nithya Partners has consecutively been selected as the ‘Most Outstanding Project Finance Law Firm’ by Acquisition International at its Global Excellence Awards.
In the power and energy sector, Nithya Partners has advised clients on numerous independent power projects of varied scale, comprising HFO, diesel, LNG, combined cycle and renewable energy projects involving solar, hydro, wind and dendro power. In the ports sector, the firm was engaged to provide advice on the privatization of the Queen Elizabeth Quay, the establishment of the South Asia Gateway Terminal of the Colombo Port and for the structuring and implementation of the Hambantota Port Project. The firm also advised on aspects relating to the development of the South Container Terminal of the Colombo Port Expansion Project. In the telecommunications sector, Nithya Partners routinely advises leading telecommunication operators in Sri Lanka on issues pertaining to licensing and regulatory compliance, corporate and asset restructuring, acquisitions, the introduction of new products and financing. This includes a number of local operators as well as regional telecommunication companies in respect of their operations in Sri Lanka. In the road transport sector, Nithya Partners has provided its legal expertise for some of the country’s largest expressway projects. Nithya Partners has also advised several multilateral development banks as local legal consultants on projects and publications relating to Public Private Partnerships.
The firm provides a broad array of legal expertise for infrastructure-related projects ranging from the preparation of Requests for Proposal, up to final commissioning and commercial operations, including the financing, operational and management aspects of such projects.
In addition, Nithya Partners regularly advises clients on disputes relating to infrastructure and project related transactions and has handled several complex infrastructure and project related arbitrations. The firm has advised clients on projects and project related disputes in foreign countries. The firm also carries out detailed legal due diligence audits in respect of such projects.
Intellectual Property has been one of the Firm’s fastest growing practice areas in the recent past. The division is structured as a one stop shop for addressing all of its clientele’s Intellectual Property requirements, ranging from filings to enforcement.
Ms. Chamindi Ekanayake heads the Firm’s Intellectual Property law practice and counts experience of over 12 years in advising clients on both local and cross border intellectual property related transactions. Mr. Chanaka de Silva President’s Counsel, who was a member of the Advisory Commission on Intellectual Property responsible for the formulation of the present Intellectual Property Act, supervises the department.
The department specializes in structuring customized solutions that utilize a combination of IP rights to maximize protection. Where enforcement or dispute resolution becomes necessary, the practice is supported by a skillful team of litigators led by Mr. Chanaka de Silva President’s Counsel.
Nithya Partners specializes in all the major categories of Intellectual Property as well as other emerging and ancillary areas of law, including:
The Firm performs a variety of IP related services including patent drafting and registration, representation before NIPOSL, pre-filing clearances, cross-jurisdictional support, due diligence audits and portfolio management. It also advises clients on franchising and licensing in Sri Lanka.
Nithya Partners also has extensive experience in advising start-ups and tech-firms on Information Technology and e-commerce related matters, which routinely involves the drafting of terms of use or service policies, privacy policies and third party contracts for its clientele.
Contact Details:
Ms. Chamindi Ekanayake
Mr. Chanaka de Silva
Nithya Partners has a strong dispute resolution arm, handling a wide-range of corporate and commercial litigation and alternate dispute resolution. Led by Mr. Chanaka de Silva, President’s Counsel, the department is commended as a leading law firms in Sri Lanka for dispute resolution, being consecutively ranked as a Tier 1 law firm by the ‘Legal 500 Asia-Pacific’ and Band 1 by Chambers and Partners – Asia Pacific, in this practice area, for over a decade.
The dispute resolution practice is primarily focused on high-value and complex, corporate and commercial disputes. Nithya Partners also has a strong arbitration practice, with the firm representing prominent local and foreign corporates in both local and international arbitrations. The firm has been awarded the ‘Dispute Resolution Law Firm of the Year - Sri Lanka’ by the Corporate Intl Magazine, the ‘Dispute Resolution Law Firm of the Year in Sri Lanka’ by the Global Law Experts Annual Awards and has also been acclaimed as a ‘Highly recommended law firm for Dispute Resolution & Litigation’ by Asialaw Profiles, consistently during the past decade.
Unlike most law firms in Sri Lanka, Nithya Partners follows a unique model as a firm of counsel, with its Partners appearing before all Courts and arbitral tribunals on behalf of their clients. The litigation Partners of the Firm also appear in international arbitrations held in Sri Lanka and in other jurisdictions, representing both local and international clients. The firm is well recognized for its expertise in utilising dispute resolution mechanisms as an instrument for achieving a commercial solution in a dispute.
Nithya Partners advises on the full scope of the dispute resolution process, spanning; claim preparation, assistance in pre-trial negotiations, preparation of pleadings and documentation, preparation for trial, applications for interim relief, trials, appeals, revision applications and enforcement proceedings.
The firm’s forte is in litigation and alternate dispute resolution relating to corporate, financial, intellectual property, infrastructure and project and project finance related disputes, especially in sectors such as banking, insurance, securities, power and energy, telecommunications and construction.
Nithya Partners has acted for diverse local and multinational clients such as, insurance companies, banks, condominium property developers, paint manufacturers, port operators, vehicle distributorships and courier companies, in respect of complex Customs Law related issues in niche areas, such as the importation of software, quay cranes, vehicles, architectural drawings and the application of transfer pricing principles in the valuation of imports.
The Firm also advises ship-owners, operators and charterers, marine insurers, freight forwarders and financial institutions in various litigious matters relating to admiralty disputes concerning shipping and maritime trade law.
The Firm further handles complex matters relating to Consumer Protection. It has acted for many blue-chip companies in sectors such as LPG supply, food and beverage manufacturing and vehicle distributorships in respect of consumer protection disputes.
Nithya Partners has also represented several high profile clients before Presidential Commissions of Inquiry in Sri Lanka.
Nithya Partners has a strong conveyancing and real estate arm, which in addition to its standalone functions, works closely with most other departments, performing a supporting role in other corporate law transactions. The Firm is currently ranked as a Tier 1 entity in conveyancing and real estate in Sri Lanka by the ‘Legal 500 Asia- Pacific’ and the division is headed by Ms. Seanika Pulle, who is an expert in conveyancing and real estate.
The success of the conveyancing and real estate arm is due to its extensive knowledge of the workings of every formal administrative level such as provincial councils, land registries, the urban development authority and similar such institutions which help facilitate a smooth yet quick turnover rate. This has propelled the Firm to a leading position among its competitors, which also resulted in the Firm becoming a ‘Recommended law Firm for Conveyancing & Real Estate’ by the Asialaw Profiles 2018.
Nithya Partners handles all aspects of conveyancing matters, from commercial to residential and agricultural property development projects. The Firm acts as a legal advisor to real estate matters of local banks, companies, corporations, individuals, international banks and other foreign multinational companies in Sri Lanka as well as companies carrying out large condominium projects in Sri Lanka.
Its conveyancing and real estate practice include advising clients on the relevant laws, facilitating land transfers, leases, conducting due diligences, obtaining approvals and other certificates from related government bodies, liaising with relevant parties and handling all elements of the work involved in land registries.
Nithya Partners is ranked as a Tier 1 law firm in the area of tax. The Firm’s tax department prides itself on providing well-rounded, commercial solutions for tax structuring and optimization, which are tailor-made to suit each of its clients. Nithya Partners also undertakes all forms of tax appeals and litigation and represents an extensive portfolio of local and international clientele. The department is led by Mr. Naomal Goonewardena, whose multidisciplinary expertise and experience have positioned the firm as one of the best tax law practices in Sri Lanka. Most recently, Mr. Goonewardena was ranked as the ‘Tax - Lawyer of the Year - Sri Lanka’, by the Finance Monthly Taxation Awards Edition 2018 and the firm is ‘Recommended’ by Asialaw Profiles 2018.
As a lawyer with extensive financial qualifications, Mr. Naomal Goonewardena has been ranked as a Tier 1 lawyer in the fields of ‘tax’, ‘banking and finance’ and ‘corporate commercial and M&A’. He is an Associate Member of the Institute of Chartered Accountants of Sri Lanka, an Associate Member of the Chartered Institute of Management Accountants of UK and a Chartered Financial Analyst. He also holds a Masters’ in Business Administration. His versatile knowledge and expertise has been a defining element of the team and an asset to each of the firm’s clients.