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Arbitration, Mediation & Negotiation

Anant Merathia & Associates   →  Focus Areas   →  Arbitration, Mediation & Negotiation

Arbitration, Mediation & Negotiation

Arbitration, mediation, and negotiation are prominent alternative dispute resolution methods of solving commercial disputes other than by courts. The cardinal point is that these measures are confidential, specialised, expeditious and relatively more cost-effective. The Indian Government has been encouraging these mechanisms in the last two decades.

ARBITRATION & MEDIATION

The firm advises several clients in commercial arbitrations and mediations. Following are a few work highlights:

  • Advised a real estate company in a joint venture dispute over a commercial project in South India in a multi-party dispute before an Arbitral tribunal. A substantial award in favour of the firm’s client was given by the tribunal.
  • Advised a real estate company in a joint venture dispute over a commercial project in South India in a multi-party dispute before an Arbitral tribunal. A substantial award in favour of the firm’s client was given by the tribunal.
  • Advised two automobile dealers against MNC automobile manufacturers and conducted arbitration proceedings against them on contractual issues
  • Advised an engineering company into supply of heavy machineries in an arbitration against a contractor. The firm’s clients were engaged in a dispute related to a transaction of heavy engineering goods.
  • Acted as Counsel in commercial mediations over several shareholder disputes in family and closely held companies wherein several corporate law, company law, breach of trust issues and compliance defaults are involved and assisted closing settlements ensuring sustenance of brand of the company is maintained and planned mutually agreeable restructuring of the business is done
  • Acted as negotiating counsel in over hundred commercial disputes, ranging from shareholder disputes, management disputes, winding up cases, corporate insolvency disputes, contractual disputes over IP rights, NDA issues, KMP’s, etc and also in commercial arbitrations

ARBITRATOR/ADJUDICATOR/MEDIATOR

Anant Merathia, the Founding Partner of AMA, has acted as Arbitrator & Mediator in a host of cases. Following are a few work highlights:

  • Acted a Co-Arbitrator nominated by parties in Construction Disputes in two cases and in other commercial arbitrations.
  • Acted as Mediator in several family business company shareholder and management disputes and in several other commercial disputes.
  • Also acted as Sole Arbitrator in arbitrations relating to defaults of loans towards home finance companies & financial institutions. The issues mainly were default of monies borrowed. The question of whether the borrowers have acknowledged the receipt of payments and whether there is any breach of contract were the main issues. Awards were given and enforced successfully.
  • Presided as Sole Arbitrator in a Joint Venture dispute between 3 Joint Venture partners of a packaging company. The disputes involved issues of default and consequences of non-compete clauses, breach of terms of JV and thus termination. This was a fast track arbitration held over 4 months.
  • Acted as a sole arbitrator in a dispute between a private contractor and a non-ferrous metal company. The dispute involved construction of rail tracts and interior portion of rails utilized inside the respondent company for transporting manufactured goods to port. Award passed as Sole Arbitrator in 18 months