Construction & Engineering
Arbitration and court proceedings arising from construction, engineering and infrastructure projects.
Overview
Solaris Legal represents project owners, contractors and sub-contractors, concessionaires, consultants, suppliers and insurers in disputes arising from construction, engineering and infrastructure projects, before arbitral tribunals in India and abroad and in the Indian courts. The work runs from dispute board proceedings through arbitration to the injunction and writ applications that surround them.
The legal framework
Construction disputes proceed to arbitration under the Arbitration and Conciliation Act 1996, ad hoc more often than institutional, with references also administered by the Delhi International Arbitration Centre, the International Chamber of Commerce and the Singapore International Arbitration Centre. Foreign awards are enforced before the Indian High Courts under Part II of the Act, with service abroad effected under the Hague Service Convention 1965 where it applies. Interim relief, including injunctions against the encashment of bank guarantees, is available under Section 9 of the Act before and during the arbitration, with encashment of an unconditional guarantee restrained only in cases of established fraud or irretrievable injustice; challenges to government action in public works contracts are brought in the writ jurisdiction of the High Courts; and environmental challenges to project construction come before the National Green Tribunal, the High Courts and the Supreme Court of India.
Scope
- Claims for variation, prolongation and extension of time under EPC and turnkey contracts, for contractors and for employers defending them.
- Arbitrations concerning alleged delay and the imposition of liquidated damages.
- Arbitrations arising from turnkey contracts for the construction and installation of conveyor and stacking facilities.
- Injunction proceedings over the encashment of performance bonds and unconditional bank guarantees issued under EPC contracts.
- Disputes under port and highway concession agreements, including arbitrations against the granting authorities.
- Recovery actions for project owners against EPC contractors arising from alleged defects in installation.
- Recovery claims for contractors against project owners, and the defence of related claims by sub-contractors.
- Arbitrations for consultancy, architectural and design firms arising from project management, supervision and design engagements.
- Shareholder and joint venture disputes in the infrastructure sector, including arbitration seated in Singapore and oppression proceedings before the National Company Law Tribunal.
- Enforcement and execution of foreign arbitral awards before the Indian High Courts, including for companies in the infrastructure sector.
