International & Cross-Border Disputes

Disputes profile

International and cross-border disputes

A large part of the firm’s contentious work involves foreign parties, foreign law or proceedings in more than one country: international arbitration, letter of credit litigation, maritime claims, enforcement of foreign awards and judgments, and disputes that run in several jurisdictions at once.

InfographicTypes of dispute, governing framework and forum

Type of disputeGoverning frameworkWhere it is decided

International arbitration

Arbitration and Conciliation Act, 1996; institutional or ad hoc rules; New York Convention

Arbitral tribunal, with Indian courts for referral, interim relief and enforcement

Letter of credit & guarantee litigation

Contract terms, UCP 600 and ICC rules for guarantees; Indian law on independence of credits and guarantees

Courts — including injunctions against encashment in the narrow cases of fraud or irretrievable injustice

Maritime & admiralty claims

Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

High Courts exercising admiralty jurisdiction, including arrest of vessels

Foreign enforcement

Part II of the Arbitration Act (foreign awards); Section 44A CPC (decrees of reciprocating territories)

Indian courts for foreign awards and decrees; foreign courts for Indian ones

Multi-jurisdictional disputes

Choice of law and forum; anti-suit and anti-arbitration injunctions

Indian and foreign courts and tribunals, often in parallel

International arbitration

The firm acts in domestic and international arbitrations arising from commercial, contractual, infrastructure and cross-border relationships, and in the court proceedings that surround them: applications to refer parties to arbitration, interim measures, challenges to awards and enforcement of foreign awards in India.

Letter of credit litigation

Documentary credits and bank guarantees are independent of the underlying contract, and Indian courts restrain payment only in narrow circumstances. The firm advises banks, beneficiaries and applicants on presentation, discrepancies, fraud and encashment, and represents them in the resulting litigation.

Maritime and admiralty claims

Claims arising from carriage of goods, charterparties and other maritime relationships may be pursued in rem against a vessel under the Admiralty Act, 2017. The firm advises on claims, the arrest and release of vessels, and the interaction of admiralty proceedings with arbitration.

Foreign enforcement proceedings

The firm acts for parties seeking to enforce, or to resist enforcement of, foreign arbitral awards and foreign judgments in India, and coordinates with foreign counsel where Indian awards or decrees are to be enforced abroad.

Complex multi-jurisdictional disputes

Where proceedings arise in several countries at once, the firm develops a forum strategy covering jurisdiction, the continuation or restraint of foreign proceedings, and the eventual enforcement of any award or judgment.

Related practice areas

International Litigation · Arbitration & ADR · Anti-Suit Injunctions · Trade & Finance Law · Cross-border representation

Discuss a cross-border dispute

Share a brief outline of the parties, contracts and jurisdictions involved.

Forums handled