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Arbitration and Dispute Resolution

 

Arbitration and Dispute Resolution

The main object of the Arbitration Act was to enable the expeditious resolution of a commercial dispute with minimum intervention by a court of law so that trade and commerce are not affected by cumbersome and protracted litigation. All types of arbitration conducted in India are governed by Part I of the Arbitration Act, including international commercial arbitration, where the seat of arbitration is in India, (leading to a domestic award). Part II of the Arbitration Act deals with the enforcement of arbitration agreements and awards under the New York Convention and the Geneva Convention, where the seat of arbitration is outside India.

The Arbitration Act provides that in the case of an international commercial arbitration, the parties are free to decide on the substantive law governing the agreement/transaction, i.e., the parties can mutually decide to apply the law of any country of their choice to govern their commercial relationship. This choice of law will have to be followed and applied by the arbitrator(s). However, the Act clearly mentions that the conflict of laws rules of the chosen country shall not apply.

Mediation and Conciliation

Domestic and International Arbitration

Enforcement of Awards in India

Enforcement of Awards outside India

 

Arbitration Dispute Resolution India

 

 

 

Arbitration is a legal term, which is used to describe a process to settle disputes between two or more than two parties. People who are appointed to settle this dispute is well known as "Arbitrators". This Arbitration process could be judicial or non-judicial. The matter is solved in the arbitration court which is also well known as arbitral tribunal. Sometimes the tribunals are tripartite and have tree arbitrators. It is always advisable to appoint expert arbitrator in case of any technical case. The judgment and decision of the arbitrators after a judicial practice, taking intoconsideration all the evidence or proof, is well known as "Award". It is final and binding between the parties.


Arbitration is a dispute resolution procedure, which is an alternative to try your dispute in the court system with a jury and judge. This is a settlement technique in which a third party reviews the case and imposes a decision, which is legally binding for both sides. Today, Arbitration dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy.

 

Our Expertise :

Negotiation

Conciliation

Preparing and presenting the case before arbitrator

Domestic and International Arbitration

Enforcement of Awards

We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, industry and finance. Our highly qualified & experienced attorney make an effort to prevent disputes by ensuring proper documentation and by tactfully handling the case/ dispute etc. Our Law Firm strives to achieve the best commercial results for its clients. The law firm's attorney are highly qualified and has dealt with hundreds arbitration & conciliation in India.

 

Our Services:

We handle matters before the courts, quasi-judicial authorities, and tribunals including:

Supreme Court of India;

High Courts of various States;

District Courts;

National Company Law Tribunal;

Sector Regulators (telecom; electricity; ports; petroleum and natural gas)Telecom & Electricity and their Appellate Authorities;

Banking Tribunals;

Environmental Tribunals including National Green Tribunal;

Competition Commission and its Appellate Authority;

Board and Appellate Tribunal Authority for Industrial & Financial Reconstruction;

Anti-Dumping Authorities; and

Consumer Protection Forum

Domestic and International Corporations, Public Utility Undertakings and High Net worth Individuals.

Commercial Litigation and Representation
Representation before SEBI and Appellate Tribunals
Commercial Arbitration

Settlements through Mediation and negotiation

 

WTO/International Trade and Customs Law

Firm is also frequently called upon to render advice to various organisations such as the Indian Ministry of Commerce, the Planning Commission of India, and UNCTAD on WTO policy matters. We have inter alia undertaken studies and prepared policy material on WTO compatibility of border measures taken by certain WTO Member against Indian exports, pricing policies including “dual pricing” on natural resources and natural resources based products, Mode 4 offers and QRP/LRP procedures, Disciplines on domestic regulation pursuant to GATS Article VI:4, India’s position on emerging disciplines on Fisheries subsidies, structuring an expedited mechanism to address non-tariff barriers and reviewing IP commitments in FTAs entered into by India.

Our Services:

The Firm has extensive experience in the area of Customs laws as well as the Foreign Trade Policy. We have advised clients from diverse sectors and industries on matters related to customs laws and procedures. We regularly represents importers and exporters before the Indian Ministry of Finance on tariff concessions, issues relating to tariff classifications, customs valuation and also matters relating to customs enforcement. We also represent clients in matters related to Customs as well as Foreign Trade Policy before judicial and quasi-judicial authorities, including the Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Authority on Advance Rulings and Settlement Commission.

 

Banking and Finance Laws

The complex nature of banking visa-vise the various field of operation undertaken by the Banks requires technicality to be handled by a legal person and therefore it is essential that banks take assistance of a Law firm.

To facilitate the day to day running of the bank functions, the various banking laws are governing such transaction. Uncertain economies demand legal strategies that address regulatory and enforcement risk and the cost of the compliance to sustain the banking  Industry

Our global finance practice covers the full range of international and domestic finance activities with particular emphasis on structured products, securitization, securities, derivatives, banking, restructuring and insolvency, asset finance, project finance, insurance and financial services. Our lawyers across the network work closely and collaboratively with each other as well as working with our other specialist groups such as tax, property and financial services.

Our practice areas:

Asset Finance

Banking

Project Finance

Restructuring and Insolvency

Structured Finance

Our Services:

Our experience is deep and diverse and includes representing banks and financial institutions in full range of financial disputes before courts and tribunals.

Our firm represents clients before various legal forums, in diverse matters relating to banking, finance and insurance, including matters relating to dishonor of cheques, bank loans to individuals and corporate entities, letters of credit, cheque transactions, bank guarantees and the like.

Debt recovery tribunal (DRT) & Debt Recovery Appellate tribunal(DRAT),

We provide the Legal Advice & Legal Services in India for Debt Recovery Tribunal, Credit Debt, Debt Management, Debt Relief, Debt Advice, Debt Solution, Debt Settlement, Bad Debt, Debt Consolidation, Debt Recovery, Debt Collection, India Debt, Debt Equity, Debt Ratio, Debt Market, Debt fund, OTS: One Time Settlement & NPA: Non-Performing Assets.

 

Escrow, Consortium, Mortgage, Pledge & Lien Agreements

Loan, Credit & Security Documentation

Securitization of Assets

Recovery of debts and Dishonor of cheques

Charge Actions & Foreclosures

Documentary Credits

Enforcement of Charges, Debentures,

Guarantees & Other Form of Securities

Asset & Debt Recovery

Liquidation & Bankruptcy

Futures/derivatives litigation

Unauthorized payments

Capital Markets

Foreign Direct Investment & Technology Transfer

Overseas Direct Investment

Investment Fund Regulation & Management

Privatization & Disinvestments

Mergers and Acquisitions, takeovers

Corporate & Debt Restructuring

Corporate Governance

Insurance & Financial Institutions regulations

Licensing and regulatory approvals

Unit Trusts and investment funds
Non Banking Financial Companies (NBFC) Registrations
Capital & Current A/c Transactions Advisory
NRI Services

RBI/ FIPB Approvals & Compounding

Other Services;

Due diligence

Legal Documentation

Negotiable Instrument Act

Loan Documentation

Public Offerings

Leasing and asset finance

Stock exchange listings

Trade finance

Venture Capital Fund

Foreign Exchange transactions


Real Estate and Property Law

The terms “real estate”, “realty” and “real property” are generally used interchangeably, although many people relate and understand “real estate” more closely with the structures or buildings and the land. However, real property/real estate is more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more. 

The real estate and property law deals with a variety of related issues, including the following: sales, purchases and other transfers of real estate and real property; title to real property; settlement of claims against property rights; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; property development; related agriculture issues; home loans and foreclosures zoning and land use; and various other relevant topics.

Real estate sectors includes

Industrial property

Commercial and Semi Commercial properties

Residential

Economically weaker section housing (EWS)

Our Services:

The firm’s practice areas include Real Estate, Property, Construction and Zoning laws.

·The firm advises on property matters such as title investigation, title opinion, drafting and registering conveyance deeds such as sale deeds, mortgage deeds, lease deeds, charges and lien on immoveable property, building contracts and real estate finance.

·The firm has assisted clients who have developed real estate large projects such as integrated townships, large commercial and residential complexes besides drafting and vetting of joint venture agreement for the development of lands into residential apartments and commercial buildings and complex.

·The practice also includes advice on commercial lease, industrial lease and retail space lease.

·The firm also advises on various aspects of property law besides handling litigation touching upon property law.

·We specialize in handling all kind of litigation/appearance before various competent Authorities, District Court, High Court, Supreme Court in India.

Legal Assistance/Services:

Leasing:-

We specializes in drafting and vetting of all legal documentation for leasing of all types of properties including the followings:-

Residential leasing:

Office leasing for commercial purpose

Commercial space leasing for SEZ

Retail leasing

Personal leasing

Company leasing

Termination and Vacation

Due diligence

Due diligence for purchase &  leasing property

Checking of original ownership documents

Certification from registrar office

Status of tax payments

Verification of built up plan

Checking with approved building plan

To verify  govt. approvals including construction plan

To verify any charge or encumbrance on the property

Whether the property is tenanted or not

Verify water and electricity connection are available

Whether occupation certificate has been obtained

 

Documentation Services:

Drafting and vetting of the following documents:-

Letter of intent(LOI)

Memorandum of understanding (MOU)

Agreement to sale

Sale deed /conveyance deed

General power of attorney(GPA) /special power of attorney

Indemnity

Will

Payment receipts

Other miscellaneous documents

 

Advisory Services:

Advising on Joint Venture Development

Advising Development of Townships

Development and promotion of Real Estate

Intellectual Property

There is a well recognized statutory, administrative and judicial framework to uphold intellectual property rights ("IPR") in India, whether they relate to patents, trademarks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered there. The courts, under the doctrine of breach of confidentiality, have accorded an extensive protection to trade secrets.

India is a signatory to the agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS"), which came into force on January 1, 1995 as part of its acceptance of the GATT regime under the WTO. Indian laws protecting IPR are in line with the minimum standards for protection and enforcement as laid down by TRIPS.

· Intellectual Property Regime in India

· Trade Mark

· Copyrights & Related Rights;

· Patents

· Designs

· Geographical Indications

· Semiconductors Integrated Circuit Layout-Designs

· Trade Secrets

·  Plant Variety Protection

Taking the world by the tide, innovation and imagination has swept across every sphere of business be it brands, literary & musical works, research or anything else to do with intellect. With ever increasing cut- throat competition, the need to protect the Intellectual Property of the businesses and individuals now occupies a major place on the agenda of any business.

Our Services:

. Brand Health Report

· Registration Renewal of trade/service marks, copyrights, patents and designs

· Initial investigations into potential patentability of inventions

· License agreements

· Succession planning for IPRs

· Merchandising agreements

· Domain name disputes

· Identifying any misuses or infringement of brands and initiating appropriate legal actions

· Counterfeit Product Investigation/Seizure

· Advisory and Opinions on IPRs

· Litigations before all competent courts in India

 

 

 

Cyber Law Practice

The modern world is witness of complex challenges arising out of the new borderless space the Internet creates. In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.Cyber space brings forth myriad pertinent legal issues that require in-depth knowledge and immediate expert legal advice.

Our Services:

Our firm, therefore, has the unmatched expertise to advise its clients on all matters related to the specialized field of Cyber laws. 

·         Software Protection & Licensing

·         Data Protection

·         Cyber law related legal disputes

·         Domain names dispute resolution

·         B2B, B2C transactions

·         E-Commerce

·         Technology transfer and technical assistance agreements

·         Online unfair use or infringement of intellectual property rights

·         Investigation of Cyber crimes

·         Formation of contracts and legal vetting of web content

·         Hacking, Phishing, Cyber Stalking, Cyber Squatting

·         Credit card frauds

·         Online arbitration relating to cyber law issues

·         Resolving Jurisdictional issues

 

 

 

 

 

 

Aviation Law Practice

Aviation Law matters is a serious concern in India because of the increasing demand for this sector. Aviation disputes should be handled with outmost sincerity. To ensure the aviation industry progress well in accordance with aviation laws enacted to aviation disputes. Aviation laws specify the Jurisdiction on Airborne Aircrafts.

Domestic airlines

International airlines

Non-scheduled operators

Air cargo service providers

 

Our Services:

Aviation contracts

We are specialized in drafting & Vetting agreements for aviation alliances, aviation leasing finance, and undertake registrations.

Aviation passenger claims

We deal in cases of passenger claims, grounding of aircraft, liability, carriage of cargo, and  passengers, including insurance dispute aspects.

We have rich experience in aviation arena. We provide the entire range of services in connection with acquisition, finance and leasing of new and old air craft.

We also provide legal services for registration-deregistration with the authority and re-possession.

All documents pertaining to the aforesaid are drafted and review with the third party including undertaking the Due Diligence work.

We advise client on foreign collaboration relating to acquisition and sale of the Air Craft .

 

 

 

Admiralty & Maritimes Laws

Admiralty law or maritime law is a distinct body of law that governs maritime affairs and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character

The Areas of our expertise are:

We undertake and advice all the matter connected with Admiralty and Maritime Laws for clients. The firm assists international clients in seeking legal recourse under the admiralty jurisdiction before the various High Courts and Supreme Court of India.

The firm has obtained a number of favorable orders seeking the arrest of maritime vessels for the enforcement of maritime claims and also on the release of maritime vessels.

The firm also assists clients in other areas of admiralty law such as marine insurance, litigation and arbitration relating to shipping, cargo claims, ownership disputes, sale and purchase of ships and leasing.

 

Consumer law Practice

The consumer interest in the market place is the focus or the art of enlightened marketing mix. The business and consumerism both aim at the protection of consumer interest-business through self-regulation and consumerism through self-help. Consumerism invokes government assistance when business misbehaves and fails to fulfill special responsibilities. In exchange relationship normally, we have two Seller Buyer. However, in the modern market, the seller is organized and has professional skill, whereas the buyer is usually unorganized and amateur. Hence, we need consumer legislation and consumerism. RIGHT OF CONSUMERS Right to Safety It means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services.

Consumer protection is essential for a healthy economy. We need Consumer Protection Act for the following:-

·         Physical protection of the consumer.

·         Protection against deceptive and unfair trade practices.

·         Protection against all types of pollution.

·         Protection against the abuse of monopoly position and/or restrictive trade practices.

·         Protection of enjoying the rights.

 

Our Services:

We help our client for the followings

·         How to file a consumer complaint

·         Where to file a consumer complaint

·         Legal Assistance for preparation of legal documents

·         Legal proceedings before consumer Forum/courts

 

Educational Laws

The aim of educational laws is to improve the standard of education and to ensure all the legal and statutory compliances.

Education Law is the area of practice related to universities, colleges, educational institutions, schools, teachers, medical colleges, engineering colleges, arts and commerce colleges, polytechnique’s , education councils, educational tribunals etc.

 

Our Services:

We aim to have an intimate understanding of education clients' needs. We stay abreast of education-related developments and provide legal services adapted to the education environment including all government approvals, affiliations to statutory bodies like University grant commissions (UGC),    parent universities, deemed Universities, Medical Council of India (MCI), All India Council for Technical Education (AICTE).

We also expertise in all legal documentation and government liaisons for various approvals required for establishment of new universities, educational institutions, schools etc.

 

Environmental Law

The aim of Environmental Law is conservation and protection of the environment which have been an inseparable part of Indian heritage and culture. Realizing its importance, the Indian State has also enshrined it in the Constitution which requires both the state and the citizen to “protect and improve the environment” and to ensure“health and hygiene of the citizens”.

The liberalization and globalization of the economy makes it imperative that we increase our vigil to ensure that industrial growth is not at the cost of the environment. Natural resources need to be protected and nurtured.

 

Our Services:

·         Handling litigations cases in competent authorities/tribunals/courts in India.

·         Handling of all environmental clearance matters

·         Legal advice on all environmental law issues by team of experts

·         Consent to establish unit/factory

·         Consent to operate unit/factory

·         Environmental Impact Assessment matters

·         Consent under Air and Water

·         Appeals against refusal of consent

·         Appeal and Original Applications before the National Green Tribunal (NGT)

·         Handling of prosecution matters under Environmental Protection Act

·         Legal advice on Anti dumping laws applications and interpretations in India and other countries of the world under various agreements, conventions.

·         Legal advice supported with documentation for all legal compliances under the Environmental Protection Act and all other related notifications for various projects related to construction, industrial production and other related activities.

·         Services related to Obtaining necessary government permissions, permits, and compliances under The Environmental Protection Act, getting the compliance under the Environmental Impact Assessment Authority.

·         Pertaining to environmental compliance for industrial establishments, factories, hotels, hospitals, mining projects, construction projects.

·         Environmental law documentation related to all compliance’s and audits.

 

 

Insurance Law

Insurance is characterized as a business vested or affected with the public interest.   Thus, the business of insurance, although primarily a matter of private contract, is nevertheless of such concern to the public as a whole that it is subject to governmental regulation to protect the public’s interests.

Therefore, the fundamental purpose of insurance regulatory law is to protect the public as insurance consumers and policyholders. Functionally, this involves:

Licensing and regulating insurance companies and others involved in the insurance industry;

Monitoring and preserving the financial solvency of insurance companies;

Regulating and standardizing insurance policies and products;

Controlling market conduct and preventing unfair trade practices; and

Regulating other aspects of the insurance industry.

 

Our Services :

We provide legal services and counseling on a wide variety of administrative, corporate, insurance, transactional and regulatory issues such as the following:

· The formation, acquisition, sale, merger, restructuring, reorganization and dissolution of insurance companies, their affiliates and other businesses in the insurance industry;

· Negotiating, structuring and executing associated transactions, such as the purchase or sale of blocks of insurance business,

· Legal due diligence and compliance services relative to public and private financing;

· Representing insurance industry clients before insurance regulatory(IRDA) and other government agencies with respect to compliance issues, complaint resolution, administrative hearings and other administrative processes;

· Creating, drafting, developing, submitting for regulatory approval, negotiating, revising, supplementing and withdrawing various types of insurance products, policies, contracts, forms, rates, fees, schedules and other regulatory filings, including compliance programs required under state and federal law; and

· Providing general advice and counsel to the officers, directors and management of companies in the insurance industry with respect to issues from day-to-day insurance operations up to board and shareholder/member level matters.

 

Matrimonial (Marriage & Divorce Laws)

Matrimonial law refers to legal requirements which determine validity of a marriage. In India there are various marriage acts based on religion, state and parties who are marrying including Anand Marriage Act, Arya Marriage Validation Act, Dissolution of Muslim Marriages Act, Indian Divorce Act, Foreign Marriage Act, Hindu Marriage Act, Muslim Personal Law (Shariat) Application Act, Parsi Marriage and Divorce Act, Special Marriage Act, The Indian Christian Marriage Act etc.

Our Services:

Registration of Marriages

Marriages among Hindus are registered under section 8 of the Hindu marriage act 1955. All marriages shall be registered with the Hindu marriage Registrar or the Additional District Magistrate in each state. Section 8 of the act states that state government shall make rules in respect of registration of marriage and provide particulars to be entered in the Hindu Marriage register. This section applies to Hindus, Jains and Buddhist.

Sikhs marriages are registered under Anand marriage act. Parsi marriage and divorce act, 1936 provides for compulsory registration of marriages. The Indian Christian marriage act also provides for compulsory registration of marriage among Christian.

The Supreme Court of India in a 2006 judgment of Seema vs. Aswani Kumar held that registration of marriage is mandatory in India irrespective of religion and directed the states to frame rules for registration of marriages in India.

Litigation Services:

·         Domestic Violence under Section 498A

·         Dowry cases

·         Divorce Cases

·         Foreign Marriages

·         Maintenance Cases

·         Maintenance under Hindu law

·         Maintenance under Criminal Procedure Code

·         Maintenance to Muslim wife under the Women (Protection of Rights on Divorce) Act, 1986

·         Child Custody Cases

·         Matrimonial Appeals in High Court

·         Matrimonial Appeals in The Supreme Court of India

 

Pro Bono Work

The professional work undertaken voluntarily and without payment or at a reduced fee as a public service. Unlike traditional volunteerism, it is a legal service that uses the specific skills of professionals to provide services to those who are unable to afford them.

Our Services:

The firm is actively engaged in providing pro bono legal services. The Firm has been providing legal representation to various not-for-profit / charitable organizations in legal proceedings, including public interest litigation.