Arbitration and Mediation
India Law Offices holds the reputation of one of the leading law firms in India for domestic / international arbitration and mediation practice. From representing government undertakings to major companies in industries such as Banking & Financial Services, Telecom, Energy, Oil & Gas, Infrastructure, Pharmaceuticals, FMCG, Media and IT we are typically called upon to deal with complex, multi-jurisdictional matters that require a creative approach.
We have been involved in obtaining many arbitral awards both domestically and internationally for our clients. Our lawyers closely work with parties to identify key facts and issues, aids communication between them and helps them to exchange proposals for settlement. They engage intensively with the parties and the lawyers in developing and refining viable options to end the dispute.
International Arbitration:
Our dedicated and specialized team of lawyers has extensive experience and expertise in handling all stages of complex commercial arbitrations from designing negotiation strategy and developing dispute resolution plan to drafting petitions and representing in arbitration hearings.
- Conducting international arbitration under all major international arbitration conventions and rule systems, including
- International Chamber of Commerce (ICC)
- London Court of International Arbitration (LCIA)
- International Centre for Dispute Resolution (ICDR), the international affiliate of the American Arbitration Association (AAA)
- International Institute for Conflict Prevention and Resolution (CPR)
- Indian Council of Arbitration (ICA)
- United Nations Commission on International Trade Law (UNCITRAL)
- Austrian Centre for International Commercial Arbitration
- Dubai International Arbitration Centre
- Federation of Indian Chambers of Commerce and Industry Arbitration and Conciliation Tribunal (FACT)
- Korean Commercial Board (KCAB)
- Singapore International Arbitration Centre (SIAC)
- Stockholm Chamber of Commerce (SCC)
- Hong Kong International Arbitration Centre (HKIAC)
- Advising clients on the appropriate venue of arbitration and choice of procedural and substantive law
- Representing clients before arbitral tribunals with regard to disputes arising out of agreements containing arbitration clause
- Enforcement of International arbitration awards in India and Challenging of awards passed in India
- Drafting and Vetting of arbitration agreements
- Ad-hoc arbitrations, including arbitrations carried out pursuant to Arbitration and Conciliation Act, 1996 and the UNCITRAL Arbitration Rules.
Domestic Arbitration:
We regularly represent clients across industries and sectors in Institutional and ad hoc domestic arbitrations related to wide range of disputes such as shareholder disputes, franchise and distribution agreements, sale purchase and marketing agreements, joint venture agreements, foreign investment in real estate, construction and development contracts disputes, loan agreements etc.
- Conducting Institutional arbitrations under the arbitration rules of almost every reputable domestic institution such as the Delhi International Arbitration Centre (DIAC) and Indian Council of Arbitration (ICA), and the International Centre for Alternative Dispute Resolution (ICADR).
- Represent Indian Corporates as well as Indian subsidiaries of foreign entities in ad hoc domestic arbitrations
- Drafting and review of arbitration clauses in contracts, arbitration agreements, notices, section 9 and 11 applications, statement of claim, rejoinders, interim applications, replies, affidavits and other legal documentation.
- Representation before High Court, Supreme Court, tribunals, forums.
- Enforcing and challenging enforcement of Arbitral Awards
- Appointment of arbitrator through High Court and Supreme Court of India
- Drafting and Vetting of arbitration agreements
- Application for staying the proceedings in cases of breach of any of the arbitration clauses in an ongoing arbitration
Mediation:
Mediation is a way of resolving issues directly with the help of a mediator. It offers an alternative which is generally quick, inexpensive and confidential. It is a private and entirely voluntary process which involves a series of meetings between both parties and a mediator where, together, they try to reach an agreement. If an agreement is reached it can, potentially, be made binding via a court order.
We provide commercial and civil mediation services both domestically and internationally. All civil cases including few suitable criminal cases could be referred to Mediation. Our lawyers handle wide range of issues including:
- Commercial Disputes - Property development, Money claims, Breach of Contract, Intellectual property, Deal making
- Corporate Disputes - Transnational disputes, Joint venture breaches, Mergers & Acquisition issues, shareholding & employment disputes, Winding up & liquidation
- Family Disputes – Marital Issues, Child Custody, Business Ownership issues, Division of companies/assets, Succession planning, Inheritance disputes, Interpersonal conflict
- Others - Land disputes, Employment, Professional malpractice disputes, Public disputes, Investor State disputes
Our team of senior specialist lawyers is qualified to work as mediators and collaborative lawyers in both types of mediation i.e.
- Court referred mediation - Applies to cases pending in Court and which the Court would refer to mediation under Section 89 of the Code of Civil Procedure, 1908.
- Private Mediation - Used in connection with disputes which are at the stage of pre-litigation.
We believe in intensive preparation for mediation which includes circulation of notes on facts, identifying key issues and submitting relevant documents. All this ensures that the parties are ready to ‘hit the ground’ at the first mediation session and make substantial progress.
