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B&B Associates LLP is one of a kind law firm in Dehradun which has expertise in handling Arbitration (International and Domestic) matters. Our team of our highly qualified and experienced Arbitration lawyers in Dehradun has successfully been handling exigent arbitration matters. B&B is trusted by a national and international clientele for bringing effective results in complex arbitration proceedings.
B&B Associates LLP is one of the few law firms in India which effectively and expeditiously engages in National and International Arbitrations through its team of highly effective arbitration lawyers. Covering various disciplines of commercial arbitration in India including infrastructure, investment, Construction, Oil & natural gas, Supply, technology, Mining, etc. Providing the right legal assistance with greater discernment is what our top arbitration lawyers in Dehradun are adored for.
The senior partners of the firm Mrs. Savita Bhandari, Mr. Ambransh Bhandari and Dr. Rohit Samhotra are renowned law professionals with expertise in the field of arbitration. B&B Associates LLP is a well-equipped law firm in Dehradun with expert arbitration lawyers to assist the litigants in putting forth their claim or defense in an arbitration proceeding before multi-jurisdiction arbitral institutions of India and abroad.
Drafting of Arbitration Agreements:
For the ease of access, the internet provides, many business groups do not show enough concern towards drafting of a comprehensive and secured arbitration agreement, and copy paste templates available on the internet. It is a risky business which invites future complications. The essence of arbitration is to resolve disputes in a productive and efficient fashion, but, the moment there arises a dispute between the authenticity and legality of the arbitration proceeding and the choice of the arbitration, the entire purpose of the having an arbitration clause stands frustrated. In order to make the arbitration mechanism effective, a clause for domestic arbitration should be drafted in an elaborate manner and should have a specific detailing of the process to be adopted by the parties in case of a dispute. A well-drafted arbitration clause must have the following essentials:
Having expertise in Arbitration Matters, our lawyers offer customizes contracts after taking into consideration the minutest of the details of the project. The object of the service of our Arbitration lawyers in Dehradun is to secure the interest of our clients in a definite manner.
Arbitration Claims – Pleadings and Replies:
The most important part of an arbitration proceeding is Preparation of pleadings. At the same time, it is a complex job which needs to be accomplished while aligning facts, contractual obligations, underlying technologies, nature of the dispute, and legal issues which correspond. As a specialized arbitration law firm in Dehradun, B&B Associates LLP engages experts from science scientific to include in arbitration matters which concern advanced knowledge of engineering and technology. The specific role of scientific field experts is to bring out the merit and so they work hand in hand with the drafting team to substantiate the legality of the claim in the best possible manner and achieve enormous results pleadings. Besides, enough diligence is paid to exclude irrelevant and redundant facts. The drafts made by the senior partners of the firm stand out in content and quality. Even the most exigent contractual disputes with complex technical submissions are efficiently conducted by our experienced arbitration lawyers in Dehradun. B&B Associates LLP is a one of a kind law firm which has an expertise in simplifying technical details and preferring claim-oriented proceedings.
Interim Orders under section 9 of “The Arbitration and Conciliation Act, 1996”:
Section 9 of the Arbitration and Conciliation Act, 1996, provides for filing an application by the parties to approach the supervising court either before or after the arbitration proceedings and seek an interim order/ interim protection. It is however important in such application that the applicant demonstrates urgency, or any potential damage/ injury likely to be caused to the applicant. Section 9, therefore, has to be pleaded by establishing relevant facts which are to be supported by sufficient documentary proof.
For seeking an injunction restraining a Bank Guarantee, it is important to plead fraud or irreparable loss and injury being caused at the hands of a wrongdoer. Our arbitration lawyers have strong expertise in drafting and arguing applications seeking interim orders under section 9 to save the client from any irreparable loss.
Reference orders under section 8:
In presence of an arbitration clause in a contract, parties are barred to approach the court seeking a remedy for a dispute arising out of the contract, unless, a particular issue is not covered in the arbitration agreement. Therefore, if a party to the contract ignores the arbitration agreement and approaches the Hon’ble Court to seek resolution of the dispute, then the other party can file an application under section 8 of and seek a reference order to refer the matter to arbitration. B&B Associates LLP is a law firm in Dehradun with an elaborate experience in matters concerning reference orders. Our expert arbitration lawyers in Dehradun can diligently examine the arbitrability of an issue and can lay specific contentions in regard to the contractual limitation of the jurisdiction of an issue, and have it referred to arbitration.
Applications for appointment of arbitrators under section 11:
The courts in India fully respect the mandate of the parties in regard to the procedure of appointment of an arbitrator. In absence of a procedure prescribed in the contract for the appointment of arbitrator, or, if any party is not exercising its right to appoint an arbitrator, or, when both the arbitrators appointed by parties are unable to choose a chairman of the arbitral tribunal, then the parties can move to the Hon’ble High Court for the appointment of arbitrator by filing an application under Section 11 of the Arbitration and Reconciliation Act, 1996. Besides, the validity of an arbitral agreement can itself be decided by an arbitrator, as India recognizes Kompetenz-kompetenz. Our team of highly competent arbitration lawyers in Dehradun are experts in handling applications pertaining to the appointment of arbitrators and have taken up such and similar matters before the High Courts and Supreme Court of India.
Challenging the Appointment of Arbitrators under section 13:
The procedure of appointment of an arbitrator is generally incorporated in contract after due negotiations between the parties. However, in the case of Public Sector Contracts such as PPP contracts, there is hardly any scope of negotiation or modification as the governmental bodies insist on the execution of pre-drafted agreements. These agreements mostly prescribe the appointment of an arbitrator by the government body, which in turn can lead to a biased proceeding. The Arbitration Act clearly provides that even a partly nominated arbitrator has to be independent and impartial. Therefore, if any party has a justifiable reason to challenge the aspect of independence and impartiality of an arbitrator, then an application under section 13 can be preferred before the arbitrator while listing out reasons for withdrawal. Upon withdrawal, a new arbitrator is appointed to take over. To bring out the merits in an application for withdrawal can come as a challenge and it is the domain of the firm’s best arbitration lawyers in Dehradun who expeditiously work in the matters of challenging the appointment of an arbitrator.
Enforcement of Arbitral Awards:
Section 36 of the Arbitration and Reconciliation Act, 1996 provides that on completion of 90 days from the date of service of the award, the arbitration award becomes final. If the losing party files an application under section 34, seeking to set aside the arbitral award, the award becomes final on the disposal of the said application. The arbitral award can be enforced like a court decree, on completion of 90 days from the date of service, or, after the disposal of the challenge proceedings. Enforcement of an arbitral award is sought from the civil court which has the jurisdiction over the judgment debtor. B&B Associates LLP has a vast experience in execution and enforcement of arbitral awards. As our law firm has 6 branch offices and associate offices spread across India, the firm can enforce arbitral awards effectively, using local expertise.
Application to Set-Aside Arbitral Award under section 34:
Section 34 of the act provides that if a party is aggrieved by an arbitral award, within a period of 90 days from the date of the service of such award, it can challenge it. This challenge is essentially done on the grounds given in Section 34 of the Arbitration and Reconciliation Act, 1996. Arbitration has a special recognition in law as a means of dispute resolution, therefore, right to appeal against an award is limited, and it is critical that a petition seeking to set aside the arbitral award encompassed the grounds given in section 34. Our arbitration lawyers in Dehradun have a strong hand in drafting and handling of such matters. By making an application under section 34, an aggrieved party can even challenge International arbitration awards passed by an arbitration tribunal having its seat in India. B&B Associates LLP is one of a kind law firm in Dehradun with both experience and expertise in handling cases under section 34.
An appeal before the Supreme Court of India
Generally, an application to set aside the arbitral award, and respective appeals, do attain finality in the High Court itself. However, in a few cases in which a question of law and public importance arises, the aggrieved party may take the matter before the Supreme Court by way of a Special Leave Petition filed under the provisions of Article 136 of the Constitution of India. At times, the order passed by a High Court in a petition filed under section 9 seeking interim protection or interim injunction, and section 11, seeking to appoint arbitrators, can also be challenged before the Supreme Court of India is there is a substantial question of law involved.
All advocates are not permitted to file petitions in the Supreme Court of India. Only a limited number of lawyers who have got qualified to become an Advocate on Record are permitted to file cases in the Supreme Court. The senior partner of our Firm, Mr. Mohit K Bhandari, has been practicing at the Supreme Court for about 35 years. B&B Associates LLP is a law firm which offers dedicated services in matters which may have to be escalated before the Supreme Court of India, in order to secure justice.
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.
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