INTERNATIONAL ARBITRATION

INTERNATIONAL ARBITRATION

INTERNATIONAL ARBITRATION

We are one of the very few lawyers in India who handles International Arbitration cases effectively. We are having strong experience in handling arbitration cases having seats outside India as well as inside India. We are authority on India seated international arbitrations. We also has handled High Value arbitration related litigation in various countries. They also advice companies while finalizing contracts involving multi jurisdictions and complex legal issues.

Alternative dispute resolution has expanded over the last several years and has become an important step in the dispute resolution process.Clients can represent anywhere in the world in respect of International Arbitration cases effectively. We are having strong experience in handling arbitration cases having seats outside India as well as inside India. We are authority on India seated International arbitrations process, including: case assessment , pre-dispute negotiations, selection of arbitrators, the filing and conduct of International Arbitration cases effectively. We are having strong experience in handling International arbitration proceeding. Advocacy at arbitration hearings, and the confirmation, challenge and enforcement of arbitral awards. Other legal services relating to International Arbitration include the filing or defense of applications for interim measures before national courts. Our associates also advises clients on drafting, negotiating and/or reviewing International Arbitration clauses or other dispute resolution clauses in a variety of international contracts and situations. We have experience lawyers conduct litigation clauses that combine mediation, arbitration clauses, as well as multiple arbitration and/or litigation clauses in groups of contracts situations and/or multi-party situations.

We Provide Services and resolve Issues for both Domestic and International Arbitration In India. Our Firm has Well experienced, Skilled and Professional Lawyers.

Our associates will do the arbitration as follows:
  • Energy/oil and gas and natural resources
  • Power, Mining
  • Construction and Infrastructure
  • Engineering/construction and design
  • services industry
  • Real Estate
  • Banking and Finance
  • Aviation, Insurance and Reinsurance
  • International Finance
  • International Investments
  • Intellectual Property
  • Information Technology
  • Telecommunications, etc.
  • Transportation
  • Joint ventures
  • Financial services
  • Hospitality
  • Manufacturing and retail
  • Post-sale/post-acquisition disputes

Major Arbitral Institutions

  • International Arbitration centre at Mumbai
  • International Court of Arbitration of the International Chamber of Commerce (ICC)
  • American Arbitration Association (AAA)
  • International Centre for Dispute Resolution (ICDR)
  • London Court of International Arbitration (LCIA)
  • Stockholm Arbitration Institute
  • Swiss Chambers Arbitration Institution
  • Permanent Court of Arbitration (PCA)
  • Singapore International Arbitration Centre (SIAC)
  • China International Economic and Trade Arbitration Commission (CIETAC)
  • Dubai International Financial Centre (DIFC)
  • Dubai International Arbitration Centre (DIAC)
  • Cairo Regional Centre for International Commercial Arbitration
  • Ad hoc arbitrations, including disputes under the United Nations Commission on International Trade Law (UNCITRAL) Rules.
  • International Centre for Settlement of Investment Disputes (ICSID)

International Arbitral Seat

The seat of arbitration should be selected after taking into consideration the distance from the places of the parties, local language in the arbitral seat, the procedural law, attitude and approach of the supervising courts towards arbitrations, the degree of interference by the courts, enforceability of awards passed in that seat in both the countries of the parties, costs of litigation, costs of the arbitral Institution, nature of the rules of the arbitral institution, political stability of the country in which the seat of arbitration is situated etc., Our associates can effectively advise the parties to decide a suitable arbitral seat on the basis of authentic information.

Arbitral Agreement

International arbitral agreement should include applicable laws, number of arbitrators, procedure to appoint arbitrators, language of arbitration, qualification of the arbitrators, exclusions if any, seat of arbitration, name and address of the arbitral Institution, if ad-hoc arbitration applicable rules if any, limitations if any etc., A small error or a lapse can make the parties end up in unwanted litigation in different jurisdictions and waste their time and money. Hence we gives a complete guidance with regard to the drafting of an arbitral agreement, taking into consideration of various factors.

Appointment of Arbitrators

The appointment of arbitrator aspect of the arbitration clause includes number of arbitrators, qualifications of arbitrators, mode and method of appointment etc. Hence they can even choose a two tier clause on the basis of the quantum of the claim. The mode and method of appointment of arbitrators in determined by the provisions of the arbitration clause or by the rules of the arbitral Institution chosen by the parties. If it is an adhoc arbitration the party should approach the court seeking to appoint the arbitrator in case of a non-cooperation of the other party. If it is an arbitration administered by an Institution then the Institution can be approached by the party seeking to appoint an arbitrator.

Even after incorporating the arbitration clauses, some parties may go and initiate the court proceedings in their own jurisdiction, some other parties may not respond to the arbitration notices and some may not nominate their nominee arbitrator. If parties had specified an Arbitral Institution in the contract or approach the appropriate court seeking to appoint an arbitrator. The jurisdiction of the courts to appoint arbitrator is governed by the provisions of the arbitration clause entered into between the parties. The Firm has experience in getting the arbitrators appointed through arbitral Institutions as well as Courts from different jurisdictions.

Conducting International Arbitrations in a Foreign Country

When parties have chosen a seat of arbitration, normally arbitration happens there. In some cases for the convenience of the parties or arbitrators the proceedings can be conducted in other venues also. In any case most of the jurisdictions permit foreign lawyers representing parties in International Arbitrations.. But if there are litigations arising out of the arbitrations, locally qualified lawyers are engaged by the Ramakanth asscocites to handle the cases but our associates shall co-ordinate with them. Our associate lawyers have experienced in handling International Arbitration.

Enforcement Foreign Awards in India

Arbitration Award is a determination on the merits by an arbitration tribunal in arbitration, and is analogous to the judgment in the Court of Law. Arbitration is particularly a means of dispute resolution in the commercial sphere. One of the reasons for doing so is that in international trade it is often easier to enforce a foreign arbitral award than to enforce a judgment of the Court. The Arbitration and Conciliation Act, 1996 is the law that governs Arbitration in India. It is based on the United Nations Commission on International Trade Law (UNICATRAL) model law on International Commercial Arbitration. India is also a signatory to the New York Convention (1960) and the Geneva Convention (1924). The Arbitration and Conciliation Act can be a tricky legislation as practical judicial interpretation is of great significance in its applicability.

As per Enforcement Foreign Awards Act, 1961, foreign arbitration awards of New York convention countries can be enforced in India. The above said act was enacted by the Government of India to enable effect to the convention on the recognized and enforcement of foreign arbitration awards, done at New York in 1958. Government of India has notified a list of countries that are recognized for the purpose of execution of foreign arbitration awards.

Challenging of International Arbitration Awards

The International award can be challenged on various grounds in can challenged (i) the country where the award was made or (ii) the country whose procedural laws were utilized for the arbitration. Articles V.1.(e) and VI. Those countries have "primary jurisdiction" over the arbitral award.

Our associates has a significant experience in both International and Domestic Arbitration and other forms of Alternative Dispute Resolution (ADR) such as conciliation and mediation. Our associates expertise in handling arbitration cases in many leading arbitral Institutions including Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), London Court of International Arbitration (LCIA), International Arbitration in India, International Arbitration as per ICC rules etc.,our associates has tied up with local arbitration law firms in various countries including Singapore, Hong Kong, Malaysia, Dubai, UK & USA the firm is able to cut the costs of the International Arbitrations by using local talents appropriately in addition to the expertise. Our attorneys have acted as counsels and arbitrators in high stake arbitrations providing best advice and support in resolving disputes. We have a dedicated team of lawyers with specific expertise to meet our client's requirements and handle complex arbitration matters both in India and Foreign countries.

When you need a legal assistance for International Arbitration for protection of your rights Ramakanth Associates is here to help.

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