We offer legal advice on trade issues related to Indo-German business transactions and settlement of business disputes via arbitration or claim case procedure.
While doing business in a foreign country, you need a trusted legal adviser to rely on. We offer legal advice on trade issues and customs matters related to Indo-German business transactions and settlement of business disputes via arbitration or claim case procedure.
Even in our own countries legal concerns are a matter for specialists, often external specialists. In a foreign country, where legal systems and trading practices are unknown, this need for expertise becomes even more important. To ease your worries, we assist you with legal issues and customs matters related to Indo-German business transactions. Additionally, we offer to amicably settle disputes between firms involved in Indo-German trade, either by a claim case procedure or by arbitration.
Claim Case Procedure
The Claim Case Procedure is a mediation procedure undertaken to solve disputes outside the courts. We offer to take up your claim and to act as a neutral mediator. Unlike a judge or an arbitrator, a mediator has no decision-making authority, but will help each party to evaluate goals and options in order to find a solution that works for everyone. We provide both parties with advice in order to find an amicable solution. Our role is simply to help disputants to communicate, to evaluate their needs and interests, to generate options and to draft a workable resolution. Our mediation activities focus primarily on mutual benefits and call for the parties to approach the problem in a spirit of cooperation, transforming adversaries into joint problem-solvers.
It is our experience that this procedure has resulted in a considerable number of successes – disputes have been settled, trade problems resolved and payments been made. Claim cases are more cost-effective than a court resolution. You can be rest assured that we keep your future business relationship in mind, and are always diplomatic.
Arbitration refers to a legal technique of solving disputes outside the courts and is an important aspect of international trade and industrial collaboration. In contrast to a Claim Case Procedure in which only moral pressure is exerted on the opposing party, the arbitration procedure is formalized (but less formalized than litigation) and the arbitral award is final, binding and enforceable for both parties. Often, a dispute resolution by arbitration is provided for by the business contract between two companies.
During an arbitration the dispute is settled by an arbitral tribunal which generally consists of one to three arbitrators. Arbitrators listen to what is really going on, cut through the heart of the matter and make a fair decision, invariably binding and final. With our knowledge of trade practices and business methods prevalent in India and Germany, we have a long and successful tradition in resolving disputes effectively. Our efforts are always directed towards ensuring that you get a fair and enforceable expert decision based on facts and law.
In case you want to refer disputes with your partners to be finally settled to our Arbitration Centre, we recommend the following Arbitration Clause to be inserted in contracts or agreements:
"All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the Indo-German Chamber of Commerce then in force by one or more Arbitrators appointed in accordance with the said Rules. The Award of the Arbitral Tribunal of the Chamber shall be final, binding and subsisting on the Parties hereto.”
In case you would prefer to try and refer disputes to be amicably solved by a claim case procedure first before reverting to arbitration we recommend inserting the following clause:
“In the event of a dispute arising out of or in connection with the present contract, the parties shall first seek settlement of that dispute by a claim case procedure under the Indo-German Chamber of Commerce. If the dispute is not settled by mediation within [............] days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be finally settled under the Rules of Arbitration of the Indo-German Chamber of Commerce then in force by one or more Arbitrators appointed in accordance with the said Rules. The Award of the Arbitral Tribunal of the Chamber shall be final, binding and subsisting on the Parties hereto.”
For more information on the claim case or arbitration procedure, and a copy of our latest Arbitration Policy, please contact Ms. Sabina Pandey at s.pandey(at)indo-german.com or legaldepartment.mumbai(at)indo-german.com.