DOMESTIC ARBITRATION

The Firm has a very strong expertise in the field of domestic arbitration in India. The Law Senate team headed by Mr S Ravi Shankar, an Expert arbitration lawyer and Mrs Yamunah Nachiar, an arbitration lawyer has developed expertise in this field. The Firm has handled high value arbitration matters across India, involving complex technical issues. The Firm advises on various Corporate Houses on various ad-hoc arbitrations, Institutional arbitrations and arbitration related litigations.

Arbitrations seated in India: The law Governing arbitrations seated in India is Arbitration & Conciliation Act, 1996. The above said Act is almost similar to the UNCITRAL Model law. All the arbitrations seated in India (both International and domestic) are treated as domestic arbitrations. The Firm has handled various arbitrations seated in India including Construction and Infrastructure, Investment, Joint venture, supply contracts, Finance contracts, export & import, trade disputes etc., Mrs. Yamunah Nachiar has handled various arbitrations involving Government and Public Sector undertakings. The Firm has ongoing arbitrations in Delhi, Chennai, Bengaluru, Kolkata, Mumbai, Ahmedabad, Vadodara, Hyderabad, Visakapatnam, Madurai, Cochin, Goa etc.,

Interim orders: In India interim orders can be obtained from the courts as well as before the arbitral tribunal. Normally courts do not issue interim orders under S.9 of the Act, once tribunal is firmed. The Firm has expertise in handling various matters involving interim orders before the courts as well as tribunals. The types of matters include Bank Guarantee, Demolishing, Possession, Security deposit, attachment before arbitration etc., The powers to grant interim orders lies with either District Courts or High Courts having jurisdiction over the dispute.

Appointment of Arbitrators: In India, most of the arbitrations are ad-hoc arbitrations. In case of adhoc arbitrations, the power to appoint arbitrators in domestic arbitration lies with the Chief Justice of the High Court under S.11(6) of the Act. The power to appoint an arbitrator is a judicial power in India. The firm has handled various matters involving appointment of arbitrators before various High Courts in India. In case of Institutional arbitrations, the arbitral institutions have the power to appoint the arbitrators, as per the terms of the contract.

Challenging arbitration awards: Since Arbitration and Conciliation Act, 1996 is an Act, enacted in the lines of UNCITRAL Model law, the grounds for challenging an arbitral award is limited to mostly natural justice, capacity and public policy. Now law is well settled with regard to public policy also. The new amendment to the above said Act, which came into force with effect from 23rd October 2015 has further narrowed down the scope to interfere into the arbitration awards. The Firm has handled various igh value challenge proceedings in various courts of India.

Enforcement of Arbitration awards in India:The Domestic awards if not challenged within a maximum time period of 90 days from the date of receipt of the award, the arbitration award attains finality and can be enforced through the court of law, like a court decree. The firm has handled various enforcement proceedings in different states of India.