International Dispute Resolution

Who we represent

Aarna Law has advised and represented a wide range of clients including the Republic of India, private and public companies incorporated/ operating in India and abroad across several sectors of trade and economy including the pharmaceutical, aviation, shipping, retail, banking, construction, infrastructure, oil &gas, renewable energy sectors.

What we do

Our practice includes comprehensive services in international commercial arbitration, shareholder disputes, sovereign disputes, construction and infrastructure disputes, energy disputes and corporate crisis advisory as well as in proceedings arising out of or in connection with such arbitrations.

We advise clients on commercial disputes in both ad-hoc proceedings and those administered by institutions including the London Court of International Arbitration(LCIA), International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Dubai International Arbitration Centre(DIAC), and the Mumbai Centre for International Arbitration (MCIA).

Our pre-dispute advisory services include dispute resolution services in relation to corporate and commercial transactions, contractual disputes, shareholder disputes, investor-state dispute settlement, company and insolvency laws, oil and natural gas regulations and construction disputes.

Having represented the Republic of India in two significant investment treaty arbitrations initiated against the Republic of India, the Firm is particularly experienced in the field of international arbitration arising out of disputes under investment treaties. The Firm has also advised and represented State-owned entities in domestic and international commercial.

This includes:

• Advise on pre-arbitration strategy.
• Representing our clients across courts and tribunals,
• Conducting arbitrations, mediations, and negotiations.
• Negotiating settlement agreements.

Our experience

We conduct arbitrations for our clients in significant jurisdictions and under the rules of arbitration institutions such as the LCIA, ICC, SIAC, and DIAC. The team assists on disputes that require only written submissions, as well as those requiring the involvement of a large multi-qualified legal team — while tailoring our involvement to each case. We also encourage the use of investor-state mediation and believe that such alternative methods may fast-track the dispute resolution process.

Some of select experience in international commercial arbitration and specialized practice areas is highlighted below.

1. Sovereign disputes: Aarna Law advises and represents both states and investors in investor-state arbitrations, under bilateral treaties and multilateral agreements. The team has extensive knowledge of international law, comparative law, arbitration processes, and is equipped to work with clients at all stages of the dispute.
   1. Advised on Bilateral Investment Treaties for protection of in-bound investments and structuring of investments
   2. The Firm has represented the Republic of India in an investment treaty arbitration under the India-UK Agreement for the Promotion and Protection of Investments seated in The Hague, conducted under the UNCITRAL Rules and administered by the Permanent Court of Arbitration [Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India].
   3. The Firm has represented the Republic of India in an investment treaty arbitration under the India-UK Agreement for the Promotion and Protection ofInvestments seated in Singapore, conducted under the UNCITRAL Rules andadministered by the Permanent Court of Arbitration [Vedanta ResourcesLimited v. The Republic of India].

2. International commercial arbitration
   1. Aarna Law successfully represented an Indian company in an international commercial arbitration for monetary and incidental reliefs, brought against a German company and its Indian subsidiary. The arbitration was seated in Singapore and conducted under the ICC Rules. The Claimant was awarded its claims in full.
   2. Aarna has also advised a Government of India Undertaking in proceedings concerning anarbitral award passed against the Undertaking in connection with a disputearising out of the lease of space segment capacity on satellites.
   3. Represented an Indian company against a Japanese entity in a Singapore-seatedarbitration under the ICC Rules in a dispute regarding procurement of electricitygeneration equipment.
   4. Acted for Investors against a Private Equity fund in a Singapore-seated arbitration governed by the SIAC Rules. Successfully represented the Investors in Section 9 proceedings before Bangalore Courts.
   5. Instructed in a Singapore seated arbitration governed by the SIAC Rules between two multinational joint venture parties. Instructions involved securing interim measures from Courts as leverage in order to renegotiate settlement.
   6. Represented a French multinational in a dispute in the resources sector. Our instructions involved representing the party in a Singapore seated arbitration governed by the ICC Rules, and leading proceedings before Indian Courts challenging the enforcement of the award.
   7. Advised on enforcement of foreign arbitral awards including several awards and decrees in the aviation and technology sectors.

3. Shareholder disputes: The team is representing a multinational technology company that provides IT infrastructure services in the matter concerning a dispute arising out of a shareholders’ agreement pursuant to the acquisition of a software company. The dispute is being heard before a three-member arbitral tribunal and is in its final stages.

4. Construction and infrastructureWe represent contractors, government entities and public sector companies, architects, and project managers. We handle construction infrastructure and engineering disputes across all forms of dispute resolution. We represent private companies on construction disputes with their contractors as well as suppliers.

5. Energy: Aarna Law represented a client in a dispute against a state government arising out of a turn-key contract for the construction of a hydroelectricity power plant. We also regularly provide the client with pre-dispute advisory services concerning employment related matters.

6. Negotiated settlements: We have advised and represented an Australian company in negotiating with an English financial services company in the termination and settlement of outstanding dues under an Introducer Agreement.

Our Strengths

Aarna Law is renowned for its innovative and robust approach to client representation by providing specialised services in dispute resolution and advisory.

By analysing client issues practically and commercially, Aarna is able to consistently provide professional services in a quick and specialized manner from its offices located in Bangalore, Mumbai and New Delhi.

Aarna Law has a reputed team of experienced professionals spearheading the corporate advisory practice. They are business-enablers, advising corporates on devising as well as implementing business strategies and plans.

Aarna Law’s capabilities involve not only a sound knowledge in Indian laws and the Indian judicial process but also a good grasp of international law and international dispute settlement. The Firm has represented clients in all fora including the Supreme Court, various High Courts in India, various specialised Tribunals, and in international & domestic arbitrations, which include BITs and commercial arbitrations.