As India continues to attract increasing amounts of foreign investment with a staggering US$30 billion worth of FDI announcements in 2005, India has emerged as an attractive destination for many Multinational Corporations (MNCs). Burgeoning international commerce is accompanied by increasing cross-border commercial disputes. Given the need for an efficient dispute resolution mechanism, Arbitration and Alternate Dispute Resolution (ADR) has emerged as a faster, cost-effective option for resolving international commercial disputes and preserving business relationships. ADR in India could either be in the form of arbitration, mediation or conciliation and is recognised under the relevant Indian statute, The Arbitration & Conciliation Act, 1996. Since arbitration is based upon the principle of party autonomy and offers flexibility to both parties, there is an increasing trend towards resolving disputes by means of Arbitration.
Fox Mandal has the relevant expertise and an unparalleled record when it comes to arbitration of trans border and cross cultural disputes. While advising clients we take care that the following are in place:
The increasing growth and liberalisation of the Indian economy is creating new business opportunities particularly with the expansion and modernisation of the country’s infrastructure. We are pleased to be able to offer the benefit of our arbitration experience to clients in the following areas:
We have extensive experience on claims involving breach of contract; tortious interference with contract; design and construction defects; fraudulent inducement; conspiracy; deceptive trade practices; and personal injury. Our lawyers also have significant experience on various damage models related to construction cases, including increased construction costs, lost profits, and consequential and exemplary damages.
Fox Mandal specializes in providing specialist and cost effective legal advice on all aspects of construction arbitration proceedings and construction adjudication (both national and international) including :
Fox Mandal has an extensive investment treaty arbitration experience that requires a comprehensive understanding of the ICSID Convention, Bilateral Investment Treaties and other Multi-lateral treaties. It was given such a backdrop that Fox Mandal advised the Government of India in relation to its dispute with the investors in the Dabhol Power Project set up in the State of Maharashtra in western India. The arbitration, which was conducted under the UNCITRAL Rules, with the seat of arbitration in London, was a front runner in the arena of dispute resolution across the globe. Fox Mandal not only represented the Government of India in the arbitration proceedings but also advised in the restructuring of the project and the eventual settlement and the final resolution of the dispute in relation to the project. This was the first of a several billion dollar claim against Government of India brought under a Bilateral Investment Treaty. Fox Mandal is the first and only firm in India, which has the requisite expertise to handle bilateral investment treaty (BIT) disputes.
The dispute resolution group of the Firm has acted for a broad spectrum of clients. The arbitration team has a diverse domestic clientele ranging from the Government to Public Sector Undertakings to private organisations in the corporate and financial sectors. The team has been exposed to varied issues and has successfully handled arbitrations relating to the construction industry, infrastructure, maritime arbitration and other corporate/commercial issues.
Fox Mandal’s lawyers frequently serve as client advocates under the following rules of International Arbitral Institutions:
