The Firm is one of the Premier expert Arbitration law Firm in India. Since the main practice of the firm is arbitration, the firm is able to provide the best services in arbitrations and related litigation. The Firm’s senior partners S Ravi Shankar and Yamunah Nachiar are renowned arbitration lawyers with expertise in commercial arbitration. The firm and its partners have experience and expertise in handling complex arbitrations involving multi jurisdictions before various arbitral institutions of India and abroad. The firm also has handled various high value arbitration related litigation before various courts of India. The firm’s expertise includes infrastructure, construction contracts like airports, Mining, export contracts, joint venture disputes, supply contracts, service contracts, technology contracts, and investment and banking contracts.The firm has handled high value and complex arbitrations before various arbitration panels including institutional arbitrations. Since the senior partners of the firm are advocates on record in the Supreme Court of India they are able to advice the clients more effectively than other firms.
These days when parties enter into construction, engineering and infrastructure contracts they normally include an arbitration clause to resolve their disputes arising out of the contract. The Firm has handled various arbitrations involving construction and infrastructure contracts. Mostly the main issues arise out of such infrastructure and construction contracts include delay in execution, abandonment, liquidated damages, termination of contract, encashing of Bank guarantees of contractors, idling charges, extra work, loss of profit, defect liabilities etc., Construction and infrastructure contracts involve various technical and engineering details and hence drafting of pleadings in such matters require both legal and technical experts to make it effective. Mr. S Ravi Shankar and Mrs Yamunah Nachiar the senior partners of the Firm have strong experience in handling such arbitrations. The firm always form a team of experts like Engineers, Architects, Roofing experts, structural experts etc., according to the requirement and then start working on the pleadings to ensure best handling of the arbitrations. This kind of a team work is the speciality of our Firm in handling such engineering and construction contracts. The technical team consists of experts from IITs and Premium Institutions. The overseas Technical team members of the Firm are from USA, UK, Singapore, Hong Kong, France, Korea and From Japan.
The Firm’s experience with regard to High value construction and infrastructure arbitrations include, arbitrations relating to the construction of Bangalore International Airport, Delhi International Airport, Raipur Airport, Indore Airport, Ford factory, Reliance factory etc., Prestigious construction projects like new Tamil Nadu State Assembly buildings, High value Hospital projects in Nepal, Ahmadabad, Kanpur etc., various High way and rural road projects etc., In addition to that the firm has represented parties in various complex and high value infrastructure and construction arbitrations.
Mostly the main issues arise out of such infrastructure and construction contracts include delay in execution, abandonment, liquidated damages, termination of contract, encashing of Bank guarantees of contractors, idling charges, extra work, loss of profit, defect liabilities etc., The Firm’s experience and expertise on the above mentioned subjects and legal issues are always appreciated by the parties. The Firm can handle arbitrations all over India. At present the Firm is handling various arbitrations in Mumbai, Delhi, Chennai, Bangalore, Hyderabad, Cochin, Ahmadabad etc.,
Arbitration Relating to Supply Contracts: Parties enter into trading and supply contracts with incorporated arbitration clauses. Most of such contracts have time bound obligations and liquidated damages in case of delay or breaches. The main buyers in India, include Government departments, Armed forces, Public sector undertakings and Private Companies. Among those organizations Government departments, Armed forces and Public sector undertaking normally have fixed arbitration agreements designating arbitrators and adjudication authorities for the purpose of quantification of liquidated damages. Mr. S Ravi Shankar and Mrs Yamunah Nachiar the senior partners of the Firm have strong experience in handling such arbitrations but the firm has a panel of experts having experience who are consulted before preparation of the pleadings and documents. This kind of a team work is the speciality of our Firm in handling such high value supply contracts.
The Firm’s experience with regard to High value supply contract arbitrations include, arbitrations relating to the supply of materials to the Government departments, Armed forces, Public sector undertakings and Private Companies. Such supply contracts involve supply of materials, labor, machinery, Oil and natural gas, chemicals, raw materials, steel, water, Computers, Textiles, Yarn, Electricity, Fuel like Coal, Building materials etc., The firm has the experience of handing various types of supply contacts. In addition to that the firm has represented parties in various complex and high value supply contract arbitrations.
Mostly the main issues arise out of such supply contracts include delay in supply, delay in approval, delay in making advance payment, abandonment, liquidated damages, termination of contract, encashing of Bank guarantees of contractors, fluctuating price related issues, loss of profit, defect liabilities, warranties, Non-disclosure, Exclusivity etc., The Firm’s experience and expertise on the above mentioned subjects and legal issues are always appreciated by the clients. The Firm can handle arbitrations all over India. At present the Firm is handling various arbitrations in Mumbai, Delhi, Chennai, Bangalore, Hyderabad, Cochin, Ahmadabad etc.,
India being one of the stable economies with a lot of scope for development, many foreign investors come forward to form joint ventures and subsidiary companies to make their investments in India. Mostly such investments from various countries come into India by way of optionally convertible debentures with an arbitration clause to resolve disputes if any arise in future keeping an Indian seat or a foreign seat. But normally the substantive law in such cases will be Indian laws. More over the provisions of the Regulations and notifications of Reserve Bank of India (RBI), Securities Exchange Board of India (SEBI) are taken into consideration while making the arbitral award. Mr. S Ravi Shankar and Mrs Yamunah Nachiar the senior partners of the Firm have strong experience in handling such investment arbitrations in India and outside India. In addition to that the firm always form a team of experts like retired RBI officers, investment experts, Chartered accountants, tax consultants etc., according to the requirements of the case and start working on the pleadings in consultation with them so that nothing is left out. This kind of a team work is the speciality of our Firm in handling such investment contracts. The technical team consists of experts from IIMs, ICA and Premium consulting Institutions across the world. The overseas Technical team members of the Firm are from USA, UK, Singapore, Hong Kong, France, Korea, Switzerland, Mauritius and Japan.
The Firm’s experience with regard to High value investment contract arbitrations include, arbitrations relating to the investment in the form of convertible debentures, in the form of guarantees, direct investment in Joint venture companies, venture capital investments etc.,. Such investment contract arbitrations involve violation of Condition precedents, backing out of the investor, termination of the investment contract, share conversion issues, warranties, Penal damages and refund related issues etc.,
The firm has the experience of handing various types of investment contacts. In addition to that the firm has represented parties in various complex and high value investment contract arbitrations and related litigations. .,The Firm’s experience and expertise on the above mentioned subjects and legal issues are always appreciated by the clients. The Firm can handle arbitrations all over India. At present the Firm is handling various arbitrations in Mumbai, Delhi, Chennai, Bangalore, Hyderabad, Cochin, Ahmadabad etc.,
Information Technology (IT) and Telecom Related Arbitrations: India being one of the biggest market in the world for IT/Telecom services, it has a huge scope for related disputes also.Parties entering into contracts relating to IT/Telecom services normally enter into an arbitration agreement in order to resolve disputes, if any arise in future. Normally in the field of IT/ Telecom the contracts are entered into for providing IT services, for providing Telecom services, technology transfer, investments, construction of Telecom transmission infrastructure, Mergers and Acquisitions, Distribution, joint usage contracts of common facilities, international roaming contracts etc., The disputes arising out of such technical contracts can be resolved better by arbitration than approaching a court of law because the parties have the right to specify the required qualifications of the arbitrator and hence they can choose an arbitrator with the domain expertise. Telecom service contracts which are normally governed by service level agreements internationally are complex with many technical specifications. But the Firm has experts with the excellent level of technical expertise who support the legal team in preparing the pleadings and supporting documentation.
Even though Mr. S Ravi Shankar and Mrs Yamunah Nachiar the senior partners of the Firm have strong experience in handling such telecom arbitrations, the firm always form a team of experts like Engineers, Telecom experts etc., according to the requirements of the case and start working on the pleadings. This kind of a team work is the speciality of our Firm in handling such Telecom contracts. The technical team consists of experts from IITs and Premium Institutions across the world. The overseas Technical team members of the Firm are from USA, UK, Singapore, Hong Kong, France, Korea and From Japan.
Oil and Natural Gas Arbitrations: India being one of the major importers and also a major producer of Oil and natural has a huge market and hence most of the transactions are high value transactions. Indian Government and statutory bodies enter into various types of contracts including exploration, supply of machines, supply of technology, distributorship of the products, infrastructure contracts with regard to Oil and Natural gas infrastructure, trading, transportation etc., Indian parties enter into supply agreements with the Public Sector Companies who are the major players in the field of distribution of Oil and natural gas products in India. Many of the Public Sector Companies in India have pre-drafted arbitration clauses, which empower the higher officers of the same Public Sector undertaking to appoint the arbitrators. They normally have their own panel of arbitrators, which reduces the confidence of the other party on the appointed arbitrators. In very rare cases Courts interfere into such one sided arbitration clauses and hence only a very competent team can handle the case properly.
Moreover there are many joint venture contracts entered into with foreign parties by the Government agencies and private parties for the purpose of technology, exploration, infrastructure, investment, distribution, trading etc.,. When parties from other jurisdictions enter into such contracts they incorporate an arbitration clause keeping popular Institutions like DIAC (Dubai International Arbitration Centre, HKIAC (Hong Kong International Arbitration centre), LCIA (London Court of International arbitration, SIAC (Singapore International Arbitration Centre) etc., Most of the ONG arbitrations arise from Price revision issues, pre-emptive rights in Joint venture, payment settlement etc., Sometimes parties choose Indian seat if the said contracts also include investment provisions in India. Parties normally choose Indian seat for such an International arbitration, when there is a potential requirement of an order of interim protection against an Indian party. Such cases also arise in cases where there are parties from more than two jurisdictions are involved. It is important that while entering into long term ONG supply contracts, the arbitration clause should not only specify the formula or basis for price revision (e.g. Platt’s Oil gram Report etc.,) but also provide powers to the arbitration panel to redesign or alter the price formulae.
Mr. S Ravi Shankar and Mrs Yamunah Nachiar the senior partners of the Firm have strong experience in handling such Oil and natural Gas arbitrations involving billions of Dollars. But still the firm always form a team of experts like Engineers, Petroleum experts etc., according to the requirements of the case and then start their work on the pleadings to ensure best results. This kind of a team work is the speciality of our Firm in handling such ONG contracts. The technical team consists of experts from IITs and Premium Institutions across the world. The overseas Technical team members of the Firm are from USA, UK, Dubai, Russia, Kuwait, Singapore, Hong Kong, France, Korea and From Japan.
Arbitration Relating to Mining Contracts: India is having a huge mineral wealth and due to slower development of the Industries to exploit the said mineral production still most of the production is catering the needs of various industrially developed countries including China. Hence the major mining contracts are entered into for raising the Ore from the mines, Supply contracts, export contracts, transportation and loading, Joint venture arrangement with power producers in case of Coal contracts, fuel supply contracts etc., These contracts involve not only multi jurisdictions but also involve international Price Index, international shipping procedures, complex tax implications etc., The Firm has handled arbitrations involving mineral wealth of Billions of Dollars.
In India mining is highly regulated by various state and Central Legislations. All the major minerals like Iron Ore, Coal etc., are owned by the Government of India even though the procedural aspects are managed by the State Governments. Mr. S. Ravi Shankar and Mrs. Yamunah Nachiar have handled high value arbitrations and litigations in the Supreme Court of India, which ended up in land mark judgments with regard to arbitration. But still when required the Firm involves domain experts to have a flawless pleadings and strategies during the arbitration Proceedings.
Arbitration Relating to General Issues From The Contracts: Even though the main contract is for a special purpose like construction, infrastructure, Oil and Gas, Investment, supply or technology contracts there are certain general issues which arise out of all the commercial contracts like non- hiring, exclusivity, non-compete, recovery, non-disclosure etc., which are governed by the contract law of India and the corresponding legal pronouncements by various courts of India. Since the Partners of the Firm have handled hundreds of Arbitrations involving various jurisdictions they are able to serve the clients much better than the other law firms who claim to be full service law firms.
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