ARBITRATION, ADR & LITIGATION

The Litigation & Arbitration team consists of lawyers with significant experience in handling all types of dispute resolution. When a dispute arises, especially if it involves multiple parties across several countries, it is important to examine all the options and possibilities before taking the next step.
 
Litigation
 
Our clients particularly value the team's approach in formulating comprehensive and innovative dispute resolution strategies. Our lawyers help the clients select the strategy that best fits its commercial objectives, while taking into account the complexities of local jurisdictions and markets. ILA’s  lawyers are acknowledged as amongst the leading Indian practitioners in dispute resolution..

The approach of ILA to dispute resolution is that prevention is better than cure. ILA advises on risk management, and where disputes do arise, we recommend that "winning" often means achieving a realistic result as quickly and as efficiently as possible through either arbitration or litigation.
 
 Services offered include:
 
     Representation in various courts and tribunals including:
    
• The Supreme Court of India
• High Courts of various states
• Consumer forum
• Debt recovery tribunals
• Other dispute resolution tribunals and boards
    
     Strategic legal advice including drafting & representation in all types of: commercial litigation, including:
    
    • Constitutional litigation
• Trust litigation
• Intellectual property litigation
• Real estate litigation
• Company matters including shareholder disputes
• Insolvency and bankruptcy litigation
• MRTP litigation
• Company Law Board litigation
    
     Representation before various statutory authorities and government officials
    
     Appearing on behalf of various banks, governmental bodies, new town planning authorities, corporates, high net-worth individuals, stock brokers, builders and developers in various courts and tribunals
    
     Advice, documentation and representation in tax litigation matters.

 
Arbitration
 
If a dispute arises, you'll be glad to have us on your side. Sometimes, submitting to arbitration is preferable to submitting to the local courts of one of the parties; it's all about making the right choice. Typical assignments include:
 
     Formulating strategy for arbitration process
    
     Documentation and representation in domestic and international arbitration, in India  and outside India
    
     Assistance in mediation and settlement processes between parties

 
The Litigation & Arbitration team also works with international law / consulting firms to deliver seamless solutions to global challenges, through a single point of contact with the client.

ILA  also provides legal advice on issues relating to Banking & Finance, Corporate & Commercial, Employment, IT & Intellectual Property, Infrastructure & Project Finance, Media & Entertainment, Real Estate, Shipping, Tax and Transaction Support.



Alternate Dispute Resolution or ADR


Arbitration is a part of Alternate Dispute Resolution or ADR with other popular ADR processes like Conciliation and Mediation. Arbitration in India is governed by the Indian Arbitration and Conciliation Act 1996. The Arbitration and Conciliation Act 1996, seeks to consolidate and amend the laws pertaining to arbitration as were in force prior to 1996.

Some important considerations whilst agreeing to Arbitrate include:

In addition to working with many financial services clients, the Firm is also steadily building a reputation for itself as one of the leading national bankruptcy and restructuring firms in India. Lawyers at the Firm are intimately familiar with loan and security documentation, credit policies, market trends, and the politics of syndicated situations and have represented clients on structured products, syndicated lending, project finance, ECBs (external commercial borrowings) and plain vanilla bilateral lending deals.

At ILA, lawyers specialize in crafting creative securitization and other financing structures. The Firm has unparalleled experience in bank securities offerings and its banking and finance practice covers a wide range of financing transactions such as:

    The Arbitration Clause

    Seat of arbitration

    Number of arbitrators and selection process

    Language(s) of the arbitration

    Applicability of arbitration laws & rules

    Jurisdiction of Court

Most of the times, clients require legal assistance before a dispute exists, or prior to initiating legal proceedings. Our services include helping them address certain pre-dispute considerations and counseling them prior to formulating and initiating legal proceedings. The Firm also provides

 Ongoing advice and representation during arbitration proceedings

Litigation support for appointment of arbitrators, seeking interim protection, setting aside arbitral award, post award compliance and strategies

 Ensure performance of arbitral award
.