Dispute Resolution

Arbitration

Singhania & Partners is a reputed name in dispute resolution and have successfully assisted clients in a number of domestic and international arbitration besides commercial disputes. We specialize in providing Client focused legal services ranging from advisory services to Domestic & International arbitrations.

The Arbitration and dispute resolution lawyers contest international and domestic commercial arbitrations before institutional and ad-hoc forums. 

The firm has obtained favorable arbitration awards for clients in high stake matters.

Our arbitration lawyers represent companies in FIDIC disputes, EPC disputes, Turnkey Projects, Concession Agreements, and Public-Private Partnership model disputes. The arbitration lawyers of Singhania & Partners have a successful track record in the enforcement of domestic and foreign arbitration awards. The firm has developed specialty in disputes in Contracts with Government Authorities, Consulting Agreements, Construction Projects, Building Contracts, and Road Construction etc.

We are renowned for our expertise in damage assessment in infrastructure disputes as well as for building up legal arguments in contractual disputes.We have victoriously represented against a number of Tier 1 firms in matters worth more than US$2billion (approximately).

Arbitration FAQ's

The main forms of Alternate Dispute Resolution recognized in India are Arbitration, LokAdalats and Conciliation/Mediation.

 

As far as process of arbitration in India is concerned, there are two types- institutional and ad-hoc. Some of the institutes conducting institutional arbitration are as follows:

a. Indian Council of Arbitration;

b. Delhi International Arbitration Centre;

c. Mumbai Centre for International Arbitration

d. London Court of International Arbitration

e. FICCI

f.Singapore International Court of Arbitration

 

Other form of dispute resolution prevalent in India is LokAdalat. LokAdalat is an informal court convened to dispose of the matters through amicable settlement.

 

The third widely practiced dispute resolution process is the Mediation/Conciliation. In mediation, either of the parties can mutually appoint a mediator or the court can refer the parties to mediation. One such centre conducting mediation proceedings is run by Delhi High Court by the name of “Samadhan”.

After the amendment of the Arbitration and Conciliation Act 1996 in 2015, the Saikrishna Committee Report recommended further amendments on the back of the 2015 amendments.

 

Consequently, the Arbitration and Conciliation (Amendment) Act 2019 has been passed. One of the outstanding feature of Arbitration and Conciliation (Amendment) Act, 2019 is the establishment of an independent body namely the Arbitration Council of India.

 

In addition to Arbitration, the Supreme Court, in the case of Afcons Infrastructure Ltd v. Cherian Varkey Construction Co. (P) Ltd,(2010) 8 SCC 24 observed that that all cases relating to trade, commerce, contracts, consumer disputes and even tortious liability could normally be mediated. Following the same, the 2018 amendment to the Commercial Courts Act 2015 (Section 12A), made it mandatory for parties to exhaust the remedy of pre-institution mediation under the Act before instituting a suit. The Commercial Courts (Pre-Institution Mediation and Settlement) Rules 2018 (the PIMS Rules) have been framed by the government.

 

Thereafter in the matter of MR Krishna Murthi v. New India Assurance Co. Ltd., [2019 SCC OnLine SC 315] the Supreme Court, asked the government to consider the feasibility of enacting an Indian Mediation Act to take care of various aspects of mediation in general.

In India, disputes are resolved by litigation where Courts adjudicate upon issues from the very inception of the disputes. The Supreme Court is the Apex Court and the Highest Judicial body in the country. The High Courts in their respective States act as the highest adjudicatory institutes at the State level, followed by District Courts at lower levels. Modes of Alternate Dispute Resolution, with minimal Court intervention, recognized by law, include Arbitration, Mediation, Conciliation and Judicial Settlement by LokAdalats.

 

It becomes pertinent to mention that steadily and uniformly, the Judiciary and the Legislature have been pressing for recognition of ADR as the choice of mode of dispute resolution between parties and all concerned parties are working towards building an amiable and conducive environment towards all modes of ADR.

As regards arbitration, a party can invoke jurisdiction of a court for an interim remedy u/s 9 of the Arbitration and Conciliation Act 1996. Section 9 prescribes that a party to an arbitration agreement can invoke jurisdiction of a court prior to an arbitration proceeding and can seek an interim relief mentioned thereunder. However, it is also stipulated that a party cannot enjoy the interim relief for an infinite period and the arbitration in such a case should be invoked within 3 months from the date of order granting any interim relief. As regards the matter when there is no arbitration agreement and the dispute is to be adjudicated by a civil court, for availing any interim remedy, a party has to first file a plaint/petition before the court and only thereafter the interim relief which is deemed appropriate by the court is granted. Order 39 of Code of Civil Procedure, 1908 envisages granting of interim injunction in such cases.

 

It is pertinent to take note that, under order 39 itself, the court has the power to grant ex parte ad-interim relief to the plaintiff/petitioner in such proceedings.

Clients Speak

The firm's contribution to the success of this case will be greatly appreciated.

Shiv Ashok Singh

Sr. GM (Buildings)

The firm is particularly noted by market insiders for its experience in infrastructure-related disputes

Asialaw-Profile-2021

It’s always been a pleasure working with Singhania Partners. The team of lawyers  meet their commitment bang on time on the assigned dates timely and instantaneously keep us updated.

Naveen Chandra

Kennametal India Ltd

We are an extension of your in-house legal team

The client’s satisfaction is evident from years of their association with us, more than a decade for a lot of them. We act as an extension of in-house legal teams and act as External Legal Counsel to you. Our efforts are towards being strategic partners in your growth and not to be just a law firm.

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