Date: 8 June 2023
Time: 12:00 PM UTC
Duration: 60 min
Language: English
Format: Online
This webinar is over - watch on demand here

Worldwide: International Commercial Arbitration - Interim Relief and Enforcement in India

The legislative aspects being a key determining factor when foreign industry players are entering into international commercial contracts, ease of doing business, enforcement of contracts and the dispute resolution mechanism of a particular country also plays a crucial role. Since the investments are large, it is paramount for companies to feel confident in securing and recovering their investments in the event disputes arise.

Arbitration has proven to be an effective way for resolving disputes. The number of international arbitration centres bears testimony to its growing importance. India has also become an attractive destination for investments, business and collaborations. The vast number of transactions being entered into on a daily basis brought to the fore the importance of having a strong and steady dispute resolution mechanism. The Courts in India have also played an active role in interpreting the law by maintaining a fine balance between the technicalities and rigours of the law and the practical commercial aspects of any dispute. 

We will be explaining the legal provisions pertaining to securing interim reliefs in an international commercial arbitration and enforcement of the awards passed. When disputes arise, whilst the procedural laws assume significance, securing interim reliefs, feasibility and ensuring an effective execution of the award become the cornerstone for any decision to be taken. The process involved in obtaining interim reliefs in any dispute are the central element since they safeguard the rights of the parties pending final adjudication. Similarly, the enforceability of the awards obtained since the parties are wary of simply obtaining paper awards. The enforceability of the awards and interpretation of the laws governing it has gained tremendous importance. Constant efforts are being made to ensure that the process is expeditious and effective, in turn, making India an investor friendly destination.

Pooja Tidke

Pooja is a Senior Partner at Parinam Law Associates where she leads the commercial, maritime and technology disputes practice. She was enrolled as an advocate of the Bar Council of Maharashtra and Goa in 2005 and since, has advised and represented Indian and international conglomerates before various courts in India as well as in Indian and foreign seated arbitrations. With a breadth of experience across sectors such as transport, infrastructure, maritime and shipping, pharmaceuticals, technology, media & entertainment, Pooja has led several large litigations during her career and is valued for her insightful yet pragmatic advice on complex issues concerning law and strategy.

Krushi Barfiwala

Enrolled as an advocate of the Bar Council of Maharashtra and Goa in 2010, Krushi is currently a Counsel with the commercial disputes team at Parinam Law Associates. Krushi specializes in litigation (commercial, insolvency and general civil) and shipping with significant experience in all aspects of litigation and arbitration ranging from drafting pleadings, attending hearings, preparing for trials, settlement, and general advisory work. She actively advises and represents domestic and international clients in arbitrations and other allied proceedings before the Bombay High Court, Supreme Court and other forums. She also liaises with foreign law firms on matters concerning Indian law.

Monisha Mane Bhangale

Monisha is a Partner in the commercial disputes practice at Parinam Law Associates. She specializes in intellectual property laws, media laws, commercial litigation, and arbitration. She has extensive experience of representing and advising both domestic and international clients in arbitration proceedings. She has advised her clients on overall strategy to be adopted both pre commencement of arbitration as well as post arbitral award. She has advises clients on complex commercial and transactional disputes, and in fact is presently advising and representing one of India’s largest pharmaceutical companies in against a massive claim for damages before the LCIA.

Rima Desai

Rima is currently a Senior Associate in the Civil and Commercial Litigation Team of Parinam Law Associates with a focus on debt recovery and insolvency matters, alternate dispute resolution as well as pre-litigation advisory. She advises clients on disputes involving commercial contracts, shareholders’ disputes, civil disputes and recovery of debts. Rima regularly appears before the Hon’ble Bombay High Court, the Hon’ble National Company Law Tribunal, Consumer Courts, City Civil Court and other fora. She has advised and represented international and domestic clients that span across sectors such as digital media, advertising, iron & steel, power and energy, construction and textiles.

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