Construction, Engineering & Infrastructure

Aarna Law has been widely recognised for our skill in representing public sector undertakings and construction companies on all manner of construction disputes. We take on civil suits, land title disputes, and arbitrations on issues regarding residential projects and power supply, among many others. We also represent contractors, government and public sector companies, architects, and project managers. In addition, we handle construction and engineering disputes across all forms of dispute resolution.

We extend our legal expertise to a wide range of construction-related matters:

  • Aarna represented a leading PSU of the government in a large scale construction dispute in the energy sector, representing the client right from the stage of invocation of the dispute till conclusion of the arbitration proceedings, including before the Court in supervisory proceedings.
  • We also represented the parties in connected projects, where the dispute arose out of the same mega project located at different locations.
  • We have represented private companies on construction disputes they have had with their contractors as well as employers. This includes court proceedings as permitted under the Arbitration Act for various purposes including, taking evidence, extension of time etc. 
  • Aarna has also successfully represented a well-known Indian construction company based out of Delhi, known to have constructed several of the most prestigious buildings in the country, in a construction arbitration pertaining to disputes regarding a sought-after residential apartment complex in Bangalore. A successful Award for a substantial amount towards the breach of construction contract was rendered in favour of our client, which was thereafter presented for execution as well as defended in the challenge proceedings. Another key aspect of representation in these proceedings was that we were required to execute and defend the challenge under the old Arbitration Act as well as the subsequent amendments in 2015 and 2019, with overcoming each amendment in the interests of executing the Award through all the identified assets of the Award Debtor.
  • Aarna has successfully represented predominant real estate companies in their
    disputes with their contractors, from the stage of invocation of arbitration till the execution of the favourable Award. We have ensured the client’s interests are protected from the stage of interim measures availed before the Court as well as during the arbitral proceedings by making necessary filings before the Tribunal. This domestic arbitration also resulted in a Reportable arbitrator appointment decision, where the section 11 court approached by us entertained the petition by differing from the jurisdiction assigned in the arbitral clause and considering the cause of action argument. This argument was presented and successfully determined in favour of our client. The arbitration itself was concluded well within the one-year period prescribed under the amended Act in favour of our client, including favourable costs at market value. Execution proceedings were commenced immediately at the lapse of the challenge period to secure due enforcement of the favourable award. We are equipped to handle the entirety of the arbitration from its commencement through enforcement, to its conclusion.
  • Aarna has also represented private companies and joint ventures in International Arbitrations dealing with construction disputes at the stage of advice and representation for the appointment of arbitrators before the Supreme Court. Subject to client needs we appear or brief designated senior counsel to appear in arbitration and relation proceedings. In this case we represented a client who was facing some conflict on international turf while carrying out a prestigious construction project involving sensitive diplomatic relations with another sovereign State.
  • We have represented international parties in arbitrations with the Indian government in multiple connected arbitrations arising out of road construction projects across India. We have experience in dealing with complex interconnected arbitrations before the same (in some cases, independent) tribunals. Considering our prior experience, we are equipped to deal with voluminous, complex issues and a high magnitude of documentation and technical matters. We have been able to assist international clients with the same amount of ease as we do domestic clients. Having offices in Bangalore, Mumbai and Delhi, the team is fully equipped in-house to deal with connected court appearance as and when the requirement arises. Subject to client needs, external counsels are brought on broad to progress matters as strategized. Our South-Asian presence is also useful to catering to international disputes as we are housed at the Maxwell Chambers, Singapore – the global hub of the arbitral disputes and institutions.
  • We represented a developer in a tripartite agreement between two builders and the owner in a dispute pertaining to the apportionment of the constructed structure, including technical issues regarding the quality and structural aspects of the construction. Here we used the arbitration-mediation structure in the dispute resolution process considering commercial disputes have the potential for settlement in certain cases. This was especially true here since the constructed structure was awaiting approvals and occupation amidst the arbitration.
  • On the other end of the spectrum, Aarna has also represented private parties against real estate giants and secured successful results including speedy  settlement to enable our clients to arrive at desirable results.