For several decades India is open to foreign Direct Investments and has increased the Public and Private Participation. Hence requirements of Foreign Direct Investment have become inevitable. The service includes the Litigation and Arbitration with regard to tenders and contracts pursuant to contracts.
Moreover Indian Companies participating in International bidding for providing Infrastructure, Telecom and other high value contracts in a foreign country also require special assistance of lawyers. Our team has an expertise in high value projects with regards to the following service:
Tender Form drafting.
Tender Conditions drafting.
Tender Form submission.
Representation in the Tender process.
Post Tender Contracts.
Contract related dispute resolution.
Tender, Contract related litigation.
Tender related Domestic Arbitration.
Tender related International Arbitration.
Arbitration under ICC rules.
The team assists various organizations to finalize their legally valid tender conditions protecting their rights and privileges. Moreover weakly drafted tender conditions lead to court interventions and interpretations which might delay the tender process and increase the costs as well. In addition to that we also assist the Companies bidding on the basis of an International or domestic tender process, to evaluate the legal implications and risks.
The Tender process in India are governed by Indian Contract Act, Code of Civil Procedure Code, Indian Arbitration Act etc, when the contract specifies Indian Law as the relevant law then the above said legislations will apply even if it is an International Arbitration with parties from different jurisdiction. With regard to the Indian company bidding for a tender in a foreign country to execute a work in a foreign land may require to follow and comply with law of different jurisdictions. In such situations the law of the land where the work is to be executed plays a major role. In addition to that if parties to the contract chooses either of their laws or a law of a third country as law applicable to that contract them that law becomes relevant in that case and in that dispute resolution process. Moreover if both the parties decide to resolve the dispute as per the rules of any International Arbitration Centre like SAIC, ICC, ICA or any other institution then the rules of that Arbitral Institution also become relevant.
Our team has expertise and experience to handle any type of Tender related service including the consequential litigations and Arbitrations if any.