Brus Chambers, Advocates and Solicitors created a specialised arbitration division CAEFA under the leadership of its solicitor partner Binita Hathi, to combine the expertise of the specialised arbitration team and provide unmatched representation in international arbitration.

CAEFA, specialises in arbitration representing client as solicitors in arbitration.

Collectively, CAEFA team have spent decades litigating, arbitrating, and successfully resolving international disputes in forums worldwide. Our consistent success stems from our attorneys’ knowledge of international law, our experience in a wide range of disputes, and our expertise with the rules of arbitration. Our international arbitration lawyers are consistently retained by companies, associations, government entities, professionals and individuals because of our skill, professionalism and ability to meet the needs of our clients.

CAEFA has an outstanding global reputation for arbitration practice with a core team of international and domestic arbitration experts who are leaders in their field. They work with ease across a wide range of industry sectors and jurisdictions.

Arbitration is the forum of choice for resolving disputes in our main practice areas of commercial disputes.

Arbitration has emerged as the preferred mechanism for many companies seeking to settle commercial disputes, particularly those with cross-border element. Our international arbitration group conducts arbitrations under the rules of all major institutions, as well as ad hoc arbitrations, in venues around the world.

CAEFA have one of the leading dedicated international arbitration practices. The group has a top-tier reputation for proficiency in handling the increasing sophistication of international arbitration and in responding to and shaping market practice. We have a core team of specialist arbitration lawyers who deal with a complex, high-value and international caseload of arbitrations from a broad client base. Clients include governments, state-owned entities, financial institutions and all major corporations, involved in all the following industry sectors. We also take instructions from major companies, foreign law firms and professional bodies.

CAEFA conduct every type of international and domestic arbitration but most frequently the Domestic arbitration under Indian Arbitration and Conciliation Act, 1996; ICC - International Chamber of Commerce, ICC International Court of Arbitration; LCIA - London Court of International Arbitration; SIAC - Singapore International Arbitration Centre; LMAA - London Maritime Arbitrators Association; HKIAC - Hongkong International Centre; SCC - Stockholm Chamber of Commerce; UNCITRAL - United Nations Commission on International Trade; BIMCO - The Baltic and International Maritime Council; CIETAC - China International Economic and Trade Arbitration Committee; GCC Arbitrations in the Gulf; JCAA - Japan Commercial Arbitration Association; ICDR - International Centre for Dispute Resolution; LSSA - Lloyds Standard Salvage and Arbitration; ICSID - International Centre for Settlement of Investment Disputes; Dubai Chamber of Commerce. We also handle a volume of high-value arbitrations under RSA, LSA, GAFTA, FOSFA, LMAA, London Metal Exchange, Lloyd's Open Form, ARIAS and other forums.

Public international law is also relevant to our work concerning contract frustration, sovereign immunity, and international debt issues. Many of our high-value arbitrations are international trade-related.

Our service also includes enforcement of foreign award, challenging arbitral award, interim relief from court, international and domestic litigation...

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Arbitration Practice

International and domestic arbitration
Enforcement of foreign award
Interim relief from court
Challenging arbitral award
International and domestic litigation

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International arbitration: CAEFA a specialist in arbitration, division of Brus Chambers has been in the forefront of international arbitration law and practice. The firms have represented transnational companies, public utilities, and major contractors throughout the world and has gained considerable experience in international law and dispute settlement. International arbitration, ad-hoc or institutional with seat in India or overseas are represented by CAEFA on behalf of their client...

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Domestic arbitration: CAEFA have one of the leading dedicated domestic and international arbitration practices. The group has a top-tier reputation for proficiency in handling the increasing sophistication of domestic and international arbitration and in responding to and shaping market practice. CAEFA have a core team of specialist arbitration lawyers who deal with a complex, high-value and international caseload of arbitrations from a broad client base. Clients include governments, state-owned entities, financial institutions and all major corporations, involved in all industry sectors, also takes instructions from foreign law firms and professional bodies...

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Enforcement of Foreign Award: CAEFA service includes enforcement of foreign arbitral award in India or executing arbitral award in India.

In a landmark arbitration decision in Bharat Aluminium v Kaiser Aluminium, the Supreme Court a five-judge Constitution bench held that arbitral proceedings conducted offshore would not be open to judicial scrutiny of Indian courts which can only deal with enforcement of foreign awards. The Supreme Court outlined the scope and powers that can be exercised by a court here under the Arbitration and Conciliation Act to deal with arbitral proceedings held outside India.

Recently, on March 19, 2012 the Department of Legal Affairs of the Indian Government Ministry of Law and Justice, issued a notification under section 44(b) of the Arbitration Act. This notification declared the People's Republic of China (including the Special Administrative Regions of Hong Kong and Macao) to be a territory to which the New York Convention set forth in Schedule I of the Arbitration Act, applies in respect of any awards made in China, Hong Kong or Macao on or after 19 March 2012.

Under Section 44 of the India Arbitration and Conciliation Act 1996 ("Arbitration Act"), the Indian court recognizes and enforces foreign arbitral awards only if the following two conditions are fulfilled:
1. There is a valid agreement in writing for arbitration to which the New York Convention applies; and
2. The arbitral award is made in a territory which the Indian Government, being satisfied that reciprocal provisions have been made may, by notification in the official gazette, declare to be a territory to which the New York Convention applies.

Thus, even if a country is a signatory to the New York Convention, it does not ipso facto mean that an award passed in such country would be enforceable in India. There has to be a further notification by the Central Government under the Arbitration Act, declaring that country to be a territory to which the ‘Convention on the Recognition and Enforcement of Foreign Arbitral Awards’ (i.e. the New York Convention set forth in the Schedule I of the Arbitration Act) applies.

Previously there were about 46 countries to have been notified by the Central Government as convention countries for the purposes of the Arbitration Act. While most of the major international arbitration centers were included in the convention countries list, China and Hong Kong had been a notable omission. Thus, parties to India-related contracts preferred to choose a place other than China and Hong Kong to arbitrate their disputes. The notification of China and Hong Kong as a convention country now removes, what was otherwise seen as a significant hurdle to the enforcement of arbitral awards rendered in China and Hong Kong in India, and it further enhances China’s and Hong Kong's appeal as a seat for international arbitration, particularly in matters with an India connection...

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Enforcement of Arbitral Award outside India: CAEFA also assist in enforcing Indian or overseas arbitral award outside India...

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Interim Relief from Court: CAEFA services include interim measures under the Indian Arbitration and Conciliation Act, 1996.

Indian courts cannot order interim relief in support of foreign seated arbitrations therefore interim relief from Indian court can made where arbitration is seated in India .

Traditionally, parties to arbitration in India frequently use procedures before the courts, such as application for injunctive relief, and challenge adverse awards on technical grounds. Section 9 of India’s Arbitration and Conciliation Act permits a party to petition a court of competent jurisdiction for interim relief, even before an arbitration proceeding is initiated; to restrain the opposing party from selling its property in India during the course of the arbitration proceeding; and possibly even staying the arbitration proceedings on the grounds of “arbitrability” of the issue on hand. Foreign arbitration clauses in contracts involving parties in India are routinely challenged by Indian parties under Section 9 on the basis that Section 2(2) of Part I of the act confers powers on the Indian courts to grant interim measures applied even to arbitrations being held outside India....

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Challenging Arbitral Award: CAEFA services include challenging arbitral award where the seat of arbitration was within India.

In a landmark arbitration decision in Bharat Aluminium v Kaiser Aluminium, the Supreme Court a five-judge Constitution bench held that arbitral proceedings conducted offshore would not be open to judicial scrutiny of Indian courts which can only deal with enforcement of foreign awards. Part I of the Act (which vests courts with the powers of awarding interim relief in support of arbitration, and setting aside arbitral awards under section 34) only applies to arbitrations seated within India;. Awards rendered in foreign seated arbitrations are only subject to the jurisdiction of Indian courts when they are sought to be enforced in India under Part II of the Act(this does not include challenging of the award); Indian courts cannot order interim relief in support of foreign seated arbitrations.

Where can the foreign arbitral award be challenged, if not in India?
In a jurisdiction where the arbitration was seated. CAEFA can assist you in challenging of the arbitral award in the jurisdiction where the arbitration was seated under the laws of that jurisdiction....

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International and Domestic Litigation: CAEFA act as solicitors assisting client, strategising and advising on litigation cases.

For International Litigation, we identify, instruct and work with foreign solicitors and counsel to manage foreign legal processes and to ensure that the client’s best case is put forward and if need be we also act as co-counsel. With our extensive network overseas, CAEFA are able to put together a team to deal with disputes in foreign legal systems and disputes that span several jurisdictions.

In cases that involve more than one jurisdiction, we assess and leverage the strategic advantages offered by each forum to decide how best to bring a claim or to defend against one.

CAEFA team formulate the overall litigation strategy, engage foreign solicitors or counsel, and manage the case to ensure a coordinated approach that takes advantage of the multi-jurisdictional nature of the case.

For Litigation in India CAEFA through Brus Chambers, Advocates & Solicitors in India assist client, strategising the case, advising and representing in court in all India on litigation cases. Brus Chamber with its office at Mumbai and associates at port and capital city in all States of India represents client in all commercial disputes before all the High Courts in India and in the Supreme Court of India.

Certain litigation are also conducted before district and civil courts in India. Some lawyer partners are also admitted to the Supreme Court of India as Advocate on record...

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Partners (Advocates & Solicitors)


Binita S. Hathi (Ms), PARTNER
BCom, LL.B., LL.M., Solicitor
Advocate Bombay High Court
Solicitor, Bombay Incorporated Law Society
Advocate, Supreme Court of India
Advocate on Record, Supreme Court of India

ARBITRATION EXPERTISE.
     + Contractual & Commercial
     + Projects and Infrastructure
     + Shipping & Maritime
     + Insurance
     + Business & Industry
     + Enforcement of Arbitral Award

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Shrikant Hathi (Dr), PARTNER
BCom, LL.B., LL.M., Solicitor (India & United Kingdom); PhD
Advocate Bombay High Court
Solicitor, Bombay Incorporated Law Society
Advocate, Supreme Court of India
Advocate on Record, Supreme Court of India
Solicitor of the Senior Courts of England and Wales

ARBITRATION EXPERTISE
     + Shipping & Maritime
     + Projects and Infrastructure
     + Oil & Gas
     + Insurance
     + Business & Industry
     + Contractual & Commercial
     + Enforcement of Arbitral Award

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Uttam P. HATHI (Mr), PARTNER
B.Sc; PGDMMT; LL.B; LL.M
Advocate Bombay High Court

ARBITRATION EXPERTISE
     + Corporate & Commercial
     + General Contractual
     + Real Estate & Property

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Vidya RAJAN (Ms), PARTNER
B.LS; LL.B
Advocate Bombay High Court

ARBITRATION EXPERTISE
     + Projects and Infrastructure
     + Contractual & Commercial
     + Real Estate & Property
     + Enforcement of Arbitral Award

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Liyi CHANG (Ms): IN-COUNSEL - THE PEOPLE'S REPUBLIC OF CHINA (PRC)
OFFICE : Dacheng Law Office, CHINA
ARBITRATION EXPERTISE
     + Commercial & Contractual
     + Bankruptcy & Receivership
     + Intellectual Property
     + WTO Disputes

 

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Facts & Figures
 

         A Specialised Division
         Offices
         Personnel & Partners
         Clients
         Legal Services
         Rankings & Credentials
         History
         Pricing, Fees & Payment Methods

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Frequently Asked Questions (FAQ's)

International Arbitration

Domestic Arbitration

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Contact CAEFA: You may reach our Contact Partner Ms. Binita Hathi on her mobile: +91-9769946864, landline +91-22-22659969 or via email on binita@bruschambers.com

Main Service:
Conducting Domestic and International Arbitration (In India and Overseas)

Related and other services
a. Execution/Enforcement of Foreign Awards in India
b. Challenging Arbitration Award in Court (High Courts in India)
c. Interim Relief from Court pending Arbitration.
d. International and Domestic Litigation.

We do not generally act for individuals.

CAEFA
Solicitors
(Division of Brus Chambers, Advocates & Solicitors)
8, Rajabahadur Mansion, 3rd Floor, Ambalal Doshi Marg,
Fort, Mumbai 400001, India.
Phone: +91-22-22659969

Contact Partner: Ms.Binita Hathi (Mobile: +91-9769946864 Email: binita@bruschambers.com)

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Billing rates/ fees & methods

Hourly Rate: USD 144 (valid until 2016-03-31)
Disbursements: On actual
Computation of Professional Fees: Professional fees are computed only that of the lead partner
Number of Lawyers: During this period, atleast two lawyers will be working on the given file, also when required para-legal, associates will be working on the file to ensure that quality service is delivered, at no extra cost
Dedicated Partner: Each client has a dedicated partner, the 'lead partner' being a solicitor and advocate will lead, co-ordinate and will be directly responsible to meet the client requirements effectively
Payment Mode: Accountable advance, as agreed should be deposited to a nominated bank account as may be notified, prior to commencement of any work, either by Bankers Cheque or by irrevocable telegraphic transfer to our bankers