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Alaya Legal

Arbitration

Sophisticated legal representation for high-stakes disputes. We navigate the complexities of international arbitration and domestic litigation with architectural precision.

Navigating Complex Disputes with Precision.

We advise and represent clients across the full lifecycle of domestic and international arbitration, from pre-dispute strategy and invocation of arbitration through constitution of the arbitral tribunal, conduct of proceedings, settlement and post-award enforcement or challenge. Our experience spans ad hoc and institutional arbitrations involving complex commercial, infrastructure, construction, energy, technology and joint venture disputes, including matters governed by the Arbitration and Conciliation Act, 1996 and international arbitration frameworks based on the UNCITRAL Model Law.

Our approach combines substantive contractual and sector expertise with arbitration strategy, particularly in disputes involving complex contractual interfaces, interdependent obligations, technical issues, substantial financial exposure and multi-party or multi-contract arrangements.

What We Handle

Pre-arbitration strategy and commencement: Advise on dispute escalation, contractual preconditions to arbitration, jurisdiction and arbitrability, preservation of claims and defences, and preparation and issuance of notices of dispute and notices invoking arbitration.

Constitution of arbitral tribunals: Advise on appointment, nomination and challenge of arbitrators, including issues concerning independence, impartiality, disclosures, qualifications, and constitution of tribunals under applicable arbitration agreements and institutional rules.

Conduct of arbitral proceedings: Represent clients throughout arbitral proceedings, including statements of claim and defence, counterclaims, jurisdictional objections, interim applications, documentary and expert evidence, witness examination, cross-examination, written submissions and oral hearings.

Energy, infrastructure and complex commercial disputes: Handle arbitrations involving oil and gas, energy and power projects, construction and EPC contracts, infrastructure, real estate, technology licensing and joint ventures, including disputes concerning payment, performance, delay, termination, contractual interpretation and allocation of project risk.

Multi-contract and consortium disputes: Advise on disputes involving interdependent contractual arrangements, joint operating agreements, consortium arrangements, joint ventures and project participation agreements, including allocation of obligations and liabilities among multiple stakeholders.

Settlement and negotiated resolution: Advise on settlement strategy and negotiations during arbitration, including assessment of commercial exposure and structuring of settlements that protect the client's contractual and commercial position.

Interim and protective relief: Advise on and represent clients in applications for interim and protective measures required to preserve assets, evidence, contractual rights or the subject matter of the dispute.

Recognition and enforcement: Advise on recognition and enforcement of domestic and foreign arbitral awards, including execution strategy and related court proceedings.

Challenges to arbitral awards: Represent clients in proceedings challenging arbitral awards, including assessment of available statutory grounds, procedural strategy and related interim and enforcement issues.

Ad hoc and institutional arbitration: Represent clients in ad hoc and institutional arbitrations, both domestic and international, including matters involving multiple jurisdictions, governing laws and interconnected commercial relationships.

Representative Engagements

Oil and Gas JOA Payment Dispute. Represented a client in arbitration arising under a Joint Operating Agreement (JOA) in the oil and gas sector, concerning the operator’s entitlement to and/or recovery of payments and costs arising from its role as operator. Advised on the contractual framework governing the operator’s obligations and payment entitlements, including interpretation of the JOA, allocation of costs and financial responsibilities among the participating parties, and the contractual consequences of disputed payment obligations. Represented the client in the resulting arbitral proceedings and advised on the associated contractual and financial claims.

Offshore Oil Block Consortium Dispute. Represented a client in arbitration arising from a dispute with a consortium partner concerning participation in an oil block in an offshore foreign jurisdiction. The dispute involved expenditure in excess of ₹50 crore incurred in connection with securing rights in the oil block, where questions arose as to whether the purported rights had in fact been secured and whether the rights could have been secured at all. Advised on the contractual and commercial obligations of the consortium parties, the circumstances surrounding the expenditure and purported acquisition of project rights, and the resulting claims and liabilities between the consortium partners. Represented the client in arbitration involving issues of project participation, contractual performance, substantial sunk expenditure and the consequences of failure to secure the underlying rights.

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