Arbitration and Enforcement Action:
I. Ad Hoc and Institutional Arbitration.
We have experience in appearing before various Ad- Hoc and Institutional arbitrations in India dealing with issues such COA disputes, demurrage and laytime disputes, construction disputes, agency, off-hire disputes, force majeure claims, charterparty termination, breach of sale contract, etc
II. Interim measures:
Another important aspect of international commercial arbitrations are interim measures of security pending outcome of the arbitration proceedings. The jurisdiction of courts for interim measures depends on location of assets and the corporate location of the respondent. We have experience on advising on these issues including arrest of vessels pending arbitration proceedings.III. Judicial Intervention on constitution of arbitral tribunal:
In many cases poorly worded arbitration clauses raises issues as to scope of disputes covered by the arbitration clauses. These instances may delay the constitution of the arbitral tribunal. These situations may necessitate judicial intervention in constitution of arbitral tribunal.
IV. Enforcement of foreign arbitration awards:
Enforcement of arbitration award requires identification of assets to be enforced against. This requires pre-enforcement investigation into identification of the judgment debtor. We have significant experience in carrying out investigation into the identification of assets. All these issues will determine the jurisdiction of the court.
We have experience in enforcing arbitration awards before various High Courts in India.