International arbitration is a dispute resolution mechanism to resolve disputes arising between parties from two or more countries. International arbitration means, arbitration between parties from different countries. Due to New York Convention on Recognition and Enforcement of foreign awards, which is adopted by 149 countries an international arbitration award passed in a seat from a New York convention country can be enforced like a court award in another foreign country.Two parties from India cannot choose an international arbitration to resolve their disputes between them. International &Domestic arbitrations are managed and administered by International Arbitration Institutions like International Chamber of Commerce(ICC), Singapore International Arbitration Centre(SIAC), London Court of International Arbitration (LCIA), Scottish Arbitration Centre(SAC), Hong Kong International Arbitration Centre(HKIAC) etc., They are administering arbitrations in India also.
Foreign Seated International arbitration:The firm has expertise and experience in handling international arbitration matters and relating litigation in India and also outside India. The firm has tied up with lawyers and law firms from 41 important jurisdictions of the world to handle international arbitration proceedings conducted in popular foreign seats. The firm’s lawyers also have strong understanding of the international law and hence the costs of the clients are reduced even in the arbitrations happened in foreign seats. The parties while entering into the contract, should choose their different choices of law governing the arbitration which include arbitration law(Procedural law), Law governing the contract (Substantive law) and the law governing arbitration agreement. In case parties have not expressly chosen the above said choice of laws, then the arbitration tribunal has the powers to determine the choice of law applicable in the present case. More over seats of arbitration chosen by the parties also determine the procedural law governing the arbitration. For example if the parties choose Hong Kong as the seat of arbitration then Cap 609 Arbitration Ordinance will govern the arbitration proceedings which include the appointment of arbitrator, interim orders, challenge to the arbitration award etc,.The law firm has handled arbitrations under the procedural laws of UK, Singapore, Malaysia, Hong Kong, China, Taiwan, Japan,South Koreaetc.,
India seated International Arbitrations: India being one of the signatories of the of the New York convention on Recognition and Enforcement of international arbitration awards, many foreign parties also choose seats from India for international arbitrations. When a seat from India is chosen by the parties, the applicable procedural law is Arbitration and Conciliation Act 1996. For an arbitration seated in India a foreign procedural law cannot be chosen by parties.But parties are free to choose different laws for the law governing the contract and the law governing the arbitration agreement, other than Indian laws also. The firm has handled various multi jurisdiction and multiple party arbitrations in India. The firm also advises the parties while drafting the contracts with regard to choose of law and arbitration institutions.
Interim orders in support of Foreign Seated Arbitrations:The Arbitration and Conciliation (Amendment) Act,2015 provides for the interim orders in support of Foreign seated arbitrations. So far Indian law does not expressly recognise the enforceability of “Emergency Arbitrator award” and hence the arbitration lawyers of India have a doubt over that. Hence the best option is to approach the courts having jurisdiction and seek an interim order in support of a foreign seated arbitration.
Challenging of the awards Passed in India: Under S.34 of the Arbitration & Conciliation Act,1996 any award passed in an Indian seat (International & Domestic) can be challenged in a court in India. The grounds for Challenge is very limited which includes natural justice, competency, Public Policy etc., The 2015 amendment to the above said Act has restricted the scope of Challenge of Arbitral awards in India.
Services: The Firm has vast experience in the field of International Arbitration and hence can handle foreign seated international Arbitrations, India seated International Arbitrations, Related litigations, enforcement of international arbitral awards etc.,