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LAW SENATE

B3/73 LGF, SAFDARJUNG ENCLAVE, DELHI 110 029, INDIA
Tel:
Work +91 11 2610 2873
Email:
Web:
www.lawsenate.com
Mumbai, New Delhi
Dispute resolution

Dispute resolution

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The partners of the Firm have been in International Arbitration and commercial dispute Resolution practice for about 25 years. After Arbitration and Conciliation Act, 1996 was enacted in India, international Arbitration matters started increasing involving Indian parties. The Firm has represented various Foreign parties and Indian parties, in international arbitration matters.

We have the experience of handling International Arbitrations administered by various international Arbitral Institutions like Singapore International Arbitration Center (SIAC), International Chamber of Commerce (ICC), Kuala Lumpur Regional Arbitration Center (KLRCA), London Court of International Arbitration (LCIA), Chinese Arbitration Association, Taipei (CAA), Dubai International Arbitration Center (DIAC), China International Economic and Trade Arbitration Commission (CIETAC), Hong Kong International Arbitration Center (CIETAC) etc., The Firm provides the following International Arbitration related services in India:

  1. Appointment of Arbitrators for International Arbitrations through Supreme Court of India in case of Adhoc Arbitrations
  2. Interim orders from Indian Courts in support of Foreign Seated International Arbitrations
  3. Enforcement of Emergency Arbitrator awards, Interim awards and final awards in India.
  4. Handling of full Arbitration seated in India / abroad.
  5. Challenging of the Arbitration awards passed in India
  6. Enforcement of awards outside India etc.

We have also handled many India seated International Arbitrations adhoc as well as administered by the Arbitration Centers of India like Indian Council of Arbitration (ICA), Delhi International Arbitration Center (DIAC) etc., In India, if the arbitration clause does not provide for an administering Arbitration Institution, the party intending to initiate the arbitration requires to file an application under S.11 of Act, to the Supreme Court of India seeking to appoint an arbitrator, if the matter is an international arbitration. India seated International Arbitrations are treated at par with domestic Arbitrations and hence the awards can be challenged in Indian Courts under S.34 of the Act. The said challenge is limited to Model Law grounds only and hence courts cannot treat it like a regular appeal and re-appreciate the evidence or go into the merits of the award.

More over now after the Arbitration and Conciliation (Amendment) Act, 2015 which came into force with effect from 23rd October 2015, Courts in India have got the powers to grant interim orders in support of foreign seated international Arbitrations. Hence, we assist parties to foreign seated international Arbitrations, to get interim orders from Indian Courts. Getting an interim award is a much faster process than getting an Emergency Arbitrator award and enforcing it in India. Indian Arbitration law does not expressly recognize emergency arbitrator awards but courts in India have indirectly enforced the same, since the amended law recognizes interim awards also.

We have vast experience in enforcing International Arbitration awards in India. India is a New York Convention country with rights to reserve the applicability, to Convention countries, on reciprocity basis. International Arbitration awards passed from any of the New York Convention seat recognized by India, can be enforced against Indian Parties. Now after the above said 2015 Amendment, the enforcement of an International Arbitration award can be done through the High Court, which has made the enforcement proceedings, less complex. We need to file an application under S.48 and 49 of the said Act. Normally opposite party can resist enforcement on very limited grounds, like those grounds provided in UNCITRAL Model Law. Normally Courts in India respect the finality of International Arbitration Awards.

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