ARBITRATION AND DISPUTE RESOLUTION

INTERNATIONAL ARBITRATION

 

As India continues to attract increasing amounts of foreign investment with a staggering US$30 billion worth of FDI announcements in 2005, India has emerged as an attractive destination for many Multinational Corporations (MNCs). Burgeoning international commerce is accompanied by increasing cross-border commercial disputes. Given the need for an efficient dispute resolution mechanism, Arbitration and Alternate Dispute Resolution (ADR) has emerged as a faster, cost-effective option for resolving international commercial disputes and preserving business relationships. ADR in India could either be in the form of arbitration, mediation or conciliation and is recognised under the relevant Indian statute, The Arbitration & Conciliation Act, 1996. Since arbitration is based upon the principle of party autonomy and offers flexibility to both parties, there is an increasing trend towards resolving disputes by means of Arbitration.

provides the essentials for managing a Successful Arbitration

Fox Mandal has the relevant expertise and an unparalleled record when it comes to arbitration of trans border and cross cultural disputes. While advising clients we take care that the following are in place:

A comprehensive arbitration agreement.

Familiarity with the procedural laws that would apply to the dispute.

The reasoning to choose a particular mechanism for the dispute resolution.

Selecting the right Arbitrator/s.

 

ARBITRATION EXPERIENCE

 

The increasing growth and liberalisation of the Indian economy is creating new business opportunities particularly with the expansion and modernisation of the country’s infrastructure. We are pleased to be able to offer the benefit of our arbitration experience to clients in the following areas:

Construction Industry disputes

Investment Treaty Arbitration

Commercial/ Contractual Disputes

International

Domestic

 

CONSTRUCTION INDUSTRY DISPUTES

 

We have extensive experience on claims involving breach of contract; tortious interference with contract; design and construction defects; fraudulent inducement; conspiracy; deceptive trade practices; and personal injury. Our lawyers also have significant experience on various damage models related to construction cases, including increased construction costs, lost profits, and consequential and exemplary damages.

specializes in providing specialist and cost effective legal advice on all aspects of construction arbitration proceedings and construction adjudication (both national and international) including :

Presently acting for a German company in relation to arbitration proceedings filed against them by an Indian company. This claim arises out of disputes relating to construction of a planetarium in an Indian state.

Acting on behalf of all types of construction industries clients in construction arbitration proceedings.

Representing and advising clients in both domestic and international arbitration proceedings.

Advising upon and drafting notices of arbitration, statements of case and defences for construction arbitration proceedings.

Advocacy on behalf of clients during construction arbitration hearings or proceedings.

Providing clients with specialist advice upon any aspect of the relevant law relating to construction arbitration.

One of our partners is the India’s representative at the ICC Commission on Arbitration.

One of our partners is presently on the Panel of Arbitrators of the Singapore International Arbitration Centre-Construction Industry Development Council (SIAC-CIDC) Centre for Arbitration in India at New Delhi.

Having acted for the Government of India, we feel we are in a better position to understand the mechanism and approach towards dealing with disputes involving the Government and can offer an unrivalled “insider perspective”.

 

INVESTMENT TREATY ARBITRATION

 

It has an extensive investment treaty arbitration experience that requires a comprehensive understanding of the ICSID Convention, Bilateral Investment Treaties and other Multi-lateral treaties. It was given such a backdrop that Fox Mandal advised the Government of India in relation to its dispute with the investors in the Dabhol Power Project set up in the State of Maharashtra in western India. The arbitration, which was conducted under the UNCITRAL Rules, with the seat of arbitration in London, was a front runner in the arena of dispute resolution across the globe. Fox Mandal not only represented the Government of India in the arbitration proceedings but also advised in the restructuring of the project and the eventual settlement and the final resolution of the dispute in relation to the project. This was the first of a several billion dollar claim against Government of India brought under a Bilateral Investment Treaty. It is the first and only firm in India, which has the requisite expertise to handle bilateral investment treaty (BIT) disputes.

 

DOMESTIC

 

The dispute resolution group of the Firm has acted for a broad spectrum of clients. The arbitration team has a diverse domestic clientele ranging from the Government to Public Sector Undertakings to private organisations in the corporate and financial sectors. The team has been exposed to varied issues and has successfully handled arbitrations relating to the construction industry, infrastructure, maritime arbitration and other corporate/commercial issues.