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International Arbitration Lawyer

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By Author: Dheeraj
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Drafting of An Effective Arbitral Agreement: The Firm advises parties to formulate a suitable and complete international arbitral agreement. Even though many reputed International arbitral Institutions have published in their websites, the recommended templates of arbitral agreements, those cannot be said to be the best drafts. They are only general models or guidelines and hence according to the requirements and potential disputes parties should improve the same before incorporating into the agreement. Normally the international arbitral agreement should include applicable laws, number of arbitrators, procedure to appoint arbitrators, language of arbitration, qualification of the arbitrators, exclusions if any, seat of arbitration, name and address of the arbitral Institution, if ad-hoc arbitration applicable rules if any, limitations if any etc., A small error or a lapse can make the parties end up in unwanted litigation in different jurisdictions and waste their time and money. Hence Lawsenate gives a complete guidance with regard to the drafting of an arbitral agreement, taking into consideration of various factors.

Selection of International Arbitral Institutions: There are many popular International Arbitral Institutions all over the world. But the parties should consider various important factors before incorporating any one of those arbitral institutions in to the contract. Even though they seems to look similar there are a lot of differences between them with regard to case management capability, appointment of arbitrator, supervisory efficiency, supremacy of parties, the co-operation with local courts etc., Moreover the selection of an Institutional arbitration also leads to selection of a seat in many cases. In such a case the approach of the local courts with regard to arbitration cases and the degree of interference in arbitration cases are also important factors. It is very important to ascertain that there is no difficulty in enforcing the award passed in that seat in the countries where it may have to be enforced. In addition to that in some cases going for an adhoc arbitration may be better than going for an Institution administered arbitration. Hence parties should not choose an Institution just on the basis of the popularity and Lawsenate can advise the parties effectively.

Handling of Emergency Arbitrations: When a requirement of protection of a property or a right just before an arbitration, the parties cannot rely on the orders of a foreign court to help them, because of the recognition issues. But at the same time an interim award passed by a tribunal is enforceable in my countries. Emergency arbitrator is an arbitrator appointed by the designated arbitral Institution, if one of the party requires an urgent protection from a potential irreparable damage by the other party. Normally emergency arbitrators are appointed when the emergency arises, before the constitution of the arbitration tribunal. All the major arbitral institutions including SIAC, LCIA, HKIAC, ICC, KLRCA etc., have the emergency arbitrator provision in their Rules. The procedure and conditions for seeking appointment of emergency arbitrator differs from Institution to Institution. In some jurisdictions the emergency arbitral award gets a legal status only when it is approved by the supervising court. The Firm can help the clients to apply and get an award from the emergency arbitrator if need arises.

Enforcement of Interim Awards / Emergency Arbitral Awards: Most of the countries which are signatories to New York Convention recognise the interim arbitral awards and emergency arbitration awards as they recognise the final international arbitral award passed in a Convention country. Hence the procedure for enforcement of the final award and an interim award are same and the courts can apply the same yard stick while enforcing or rejecting that award. The Firm can effectively assist the clients to enforce their interim or emergency arbitration award in the country where it requires to be enforced.

Conducting International Arbitrations In a Foreign Country: When parties have chosen a seat of arbitration, normally arbitration happens there. In some cases for the convenience of the parties or arbitrators the proceedings can be conducted in other venues also.In any case most of the jurisdictions permit foreign lawyers representing parties in International arbitrations. Hence the senior partners of the firm appear on their own in the arbitral proceedings. But if there are litigations arising out of the arbitrations, locally qualified lawyers are engaged by the firm to handle the cases but the Firm shall co-ordinate with them. The Firm’s lawyers have experienced in handling arbitrations under ICC International Chamber of Commerce) Rules, SIAC (Singapore International Arbitration Centre), HKIAC (Hong Kong International Arbitration Centre), DIAC (Dubai International Arbitration Centre) , LCIA (London Court of International Arbitration) in addition to the International arbitration centres situated in India.

Challenging of International Arbitration Awards: As per the established International arbitration lawyer practice the supervising courts situated in the seat of arbitration have the powers to decide the challenge to the award. When there is a challenge to the arbitral award, the court in the seat of arbitration shall test the award in the light of the provisions of the local arbitration act covering the space of International arbitration. In case seat of arbitration is in India then the said international arbitral award shall have the status of a domestic award and hence an application under S.34 of the Arbitration and Conciliation Act, 1996 is maintainable. In the same way the legislation covering the space of International arbitration in the country in which the seat of arbitration is situated is the appropriate legislation. The firm has good experience in handling such challenge petitions.

Enforcement Foreign Awards in India:As per Enforcement Foreign Awards Act, 1961, foreign arbitration awards of New York convention countries can be enforced in India. The above said act was enacted by the Government of India to enable effect to the convention on the recognized and enforcement of foreign arbitration awards, done at New York in 1958. Government of India has notified a list of countries that are recognized for the purpose of execution of foreign arbitration awards.
In addition to the above list of countries, Government of India has recently taken a decision to notify China and Hong Kong also as countries recognized by India for the above said purpose. The firm has strong experience and expertise in handling execution of foreign arbitration awards and related litigation also.

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