Practice Leaders

International Commercial Arbitration

A sharp rise in international business transactions, Global bidding for contracts and Foreign direct investment many Companies have to deal with International Arbitrations. Parties that are signatories to international contracts often want to avoid using the home courts of one of the parties in order to ensure neutrality as well as unbiased decisions thus avoiding the problem faced due to unfamiliar or unpredictable local court procedures. Singhania and Partners LLP has strong experience in handling International arbitrations keeping the seat in India and outside India like Singapore, U.K, China, Switzerland, Canada and many more. The Firm also provides consultation at the time of negotiation of contracts to incorporate effective arbitration clauses. We conduct both institutional and ad hoc arbitrations. The firm is a member of TerraLex which is a premier network of law firms offices worldwide. The membership of TerraLex provides the firm with trusted advisors in more than 153 jurisdictions in cross-border matters.

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Recent Transactions

Sinosteel Equipment & Engineering Co. Ltd. – Successfully represented Chinese Company in an International Commercial Arbitration at ICC, Singapore, in a dispute arising out of contracts for Supply, Designing and Engineering Services for the Contract of a 1.2 Million ton capacity Pellet Plant. ICC rules of International Commercial Arbitration govern the arbitration having the substantive law of contract as Indian Law.

Ansal Buildwell Ltd (ABL) – A realty major in contractual disputes with various Government Authorities. Representing ABL in arbitration proceedings and before different High Courts to challenge awards.

Denel (SOC) Ltd A South African Government owned Defence Company in multifarious arbitration proceedings involving contractual disputes with Government of India. Also, set precedents by getting removed Government nominated arbitrators. Received the arbitral award in an International arbitration in favour of the client involving claims worth USD 2.8 million (Rs. 18.6 crore) against Ministry of Defense, Govt. of India. The arbitral tribunal consisting of two retired Supreme Court judges and one arbitrator from Singapore also rejected the counter claims worth USD 0.4million (Rs. 2.6 crore).

Dragon Treasure Shipping Limited – For execution of the foreign awards passed against an Indian company for recovery of awarded amounts in an ICC Arbitration. The firm is also representing the client in the arbitration proceedings filed by opponent challenging the arbitral awards, pending before the High Court of Judicature at Bombay.

IJM Corporation Berhadin -Arbitrations with North Delhi Municipal Corporation for contractual disputes involving claims and counter claims worth US$* 150 million (Rs. 1000 crore).

IJM Infrastructure (India) Limited -In a matter involving the appointment of the arbitrator by Delhi Metro Rail Corporation before the Delhi High Court.

Jengan Establishment -U.A.E in arbitration as well as before the Court in action against the Indian Partner for mismanagement of funds of the Indian Joint Venture. JJ Patel v. NHAI – Successfully defended NHAI in a Sec Arbitral Award holding the Claimant NHAI’s failure to prove their claim of US $1.69 million ( Rs.11 crore) towards Pilferage in Toll collection by the Contractor. The Delhi High Court set aside the encounter claims of the contractor allowed by AT.

McGraw-Hill Education India Pvt. Ltd., New Holland Fiat India Ltd., Sharp Business Systems -In dealership agreements related arbitrations with clients and dealers across the country. Also handling issues related to the recovery of dues, property, lease, house tax, stamp duty and other local laws including civil and criminal suits, dishonor of cheques, and consumer matters across fora

Punj Lloyd -In various ongoing arbitrations and litigations related to construction and infrastructure projects pan India involving stakes of more than US$ 60 million (Rs. 400 crore). Recently, represented the client before Supreme Court of India in a Special Leave Petition filed by the West Bengal Medical Services Corporation Ltd. We obtained immediate relief for the client wherein an order of payment of US$ 2.85 million (Rs. 19 crore) was made despite the pendency of arbitration proceedings between the parties. Raised the dispute with claims amounting to US$ 37.95 million (Rs. 253 crore) (approx) filed before the Arbitral Tribunal on behalf of Punj Lloyd – Sembawang-Sembawang (India)-Joint Venture against the Bangalore Metro Rail Corporation Limited Counter Claim raised by the Bangalore Metro Rail Corporation Limited for an amount of US$ 18 million (Rs. 120 crore) (approx) pending adjudication before the Arbitral Tribunal.

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Key Provisions of International Arbitration Institutions

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