The Firm along with its associates enjoys a dynamic back ground in Domestic as well as International Arbitrations. The experienced specialized group of Arbitration lawyers in the firm have successfully handled many hundreds of Commercial Arbitration cases. The Firm has also handled a variety of litigations associated to Arbitration in the High Court level. These cases have also been handled successfully at the Supreme Court of India level. The cases include matters related to:

1-Arbitration clause 2– Appointment of Arbitrator 3– Challenging arbitral Awards 4-Implementation of Foreign Awards in India

The Firm is equipped with the requisite expertise and experience in organizing litigation related to Arbitrations nationally as well as internationally. Lawyers of the firm hold immense experience in Arbitration centres and Mediation Institutions including the listed below:

• Arbitration proceedings under ICC rules
• Hong Kong International Arbitration Centre
• Delhi High Court Arbitration Centre
• Dubai International Arbitration Centre (DIAC)
• International Chamber of Commerce
• Indian Council of Arbitration (ICA)
• International Court for Commercial Arbitration
• London Court of International Arbitration (LCIA)
• Singapore Institute of Arbitration and Conciliation (SIAC)
• WIPO Arbitration on Domain name disputes
• Many more

Arbitrations in India

The Arbitration and Conciliation Act, 1996 has been enacted to implement The Model Law on International commercial Arbitration 1985. The UNCITRAL Conciliation Rules was proposed by the UN wing in 1980. Therefore, Indian Law is passed almost in the lines of the International law. It guaranteed quick conclusion and minimal interventions of the courts.

Currently the firm handles a number of Domestic arbitration proceedings and interrelated court litigation in India for:

• Corporate clients
• Individual clients

Currently, the Institutional Arbitration Centres have acquired huge popularity in India. Arbitration Centres are established by a number of Chambers of Commerce and experienced group of lawyers in India with effective Rules. The primary motto of establishment is to guarantee fair awards and exercise absolute control over the Cost of Arbitration proceedings.

The Firm holds expertise and many years of experience in handling arbitrations before independent and individual Arbitrators. The firm has also challenged arbitrations as Arbitrators and Institutional Arbitrations before Retired Supreme Court and High Court Judges.

The following high value Arbitrations have also been successfully handled by the firm:

• Airports
• Supply contract arbitrations
• Stock market arbitrations
• Infrastructure arbitrations
• Technology supply contracts
• Technology transfer related contracts
• Facility creation contracts
• Real estate
• Labour contracts
• Many more

International Arbitrations

The Indian Arbitration and Conciliation Act, 1996 is applicable to:

• Domestic arbitration in India
• International arbitration

Section 2(1) (f) of The Indian Arbitration and Conciliation Act

It defines “International Commercial Arbitration” as arbitration associated to disputes resulting from legal relationships (both contractual and non- contractual). It is measured as commercial under the law in effect in India where in any case one of the parties is:

• An individual who is a national of, or customarily resident in any country other than India

Or

• A body corporate which is included in any country other than India

Or

• A company or an organization or a body of individuals whose central management and control is put into effect in any country other than India

Or

• The Government of a foreign country

The Firm and its associates as Arbitration lawyers have efficiently handled a large number of International Arbitration assignments held in India and foreign countries. The Associates of the Firm have appeared for parties before the following defined under the Rules of Chartered Institute of Arbitrators:

• Arbitration Tribunals formed under ICC Rules
• Singapore International Arbitration Centre
• Indian Council of Arbitration
• Delhi High Court Arbitration Centre
• Hong Kong Arbitration Centre and tribunals

Enforcement of Foreign Awards in India

As stated in the Foreign Awards (Recognition and Enforcement) Act, 1961, Foreign Arbitration awards of New York Convention, nations can be implemented in India. The Act was initially implemented by the Government of India to facilitate effect to the convention on the documented and enforcement of Foreign Arbitration Awards prepared at New York in 1958. A special list of countries acknowledged for the Foreign Arbitration awards execution has been prepared by the Government of India.

Another list for ‘reciprocating territories’ has been announced by the Government of India for the purposes of s. 44 (Arbitration and Conciliation Act 1996 Act) in the Gazette of India. It includes the following 46 States:

1. Austria  Belgium Botswana Bulgaria Central African Republic
2. Chile
3. Cuba
4. Czechoslovak Socialist Republic
5. Denmark
6. Republic of Korea
7. Kuwait
8. Malagasy Republic
9. Malaysia
10. Mexico
11. Morocco
12. The Netherlands
13. Nigeria
14. Norway
15. Philippines
16. Poland,
17. Romania
18. San Marino
19. Ecuador
20. The Arab Republic of Egypt
21. Finland
22. France
23. German Democratic Republic
24. Federal Republic of Germany
25. Ghana
26. Greece
27. Hungary
28. Italy
29. Republic of Ireland
30. Japan
31. Singapore
32. Spain
33. Sweden
34. Switzerland
35. Syrian Arab Republic
36. United Republic of Tanzania
37. Thailand
38. Trinidad
39. Tobago
40. Tunisia
41. UK
42. The United States of America
43. USSR

Besides the above recorded list of countries, the Government of India has decided to declare China and Hong Kong as recognized nations for S. 44 (Arbitration and Conciliation Act 1996 Act) purpose.

The Firm holds many years of experience and expertise in handling execution of Foreign Arbitration awards. The Firm also holds efficacy in handling related litigation.

Arbitration Related Litigation

The Arbitration and Conciliation Act, 1996 has significantly concentrated the interference of Courts. This has facilitated quick conclusion of various arbitration proceedings.

However, certain issues may crop up pre or post Arbitration that may be solved only through the Court of Law.

Here is a list of situations that can be settled only through Courts:

• S.9 of the Act – Interim orders to safeguard the interest of parties before the origination of the arbitration proceedings
• S.11 of the Act – Selection of arbitrators as stated in the Arbitration clause when there is an interruption or dispute between the parties for the appointment
• S.34 of the Act – The appeal in opposition to the arbitration award (s) subsequent to the conclusion of the proceedings.

The Firm is highly experienced in handling the above mentioned litigations in:

• The lower Courts
• The High Courts
• The Supreme Court of India