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Tender and Contract Services

Tender and Contract Services

In the last 10 years India is open to foreign Direct Investments and has increased the Public, Private and Participation in the areas of large infrastructure projects like Airports, Seaports and High ways. 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 from Multi Jurisdictions. The firm which has Associate lawyers and law offices across the Globe hence it can assist Indian Companies effectively in the Multinational Tender process also.

Types of Tender and Contract Services

The firm has an expertise in high value projects including Airports, Electricity generation etc. with regards to the following service:

  1. Tender Form drafting.
  2. Tender Conditions drafting.
  3. Tender Form submission.
  4. Representation in the Tender process.
  5. Post Tender Contracts.
  6. Contract related dispute resolution.
  7. Tender, Contract related litigation.
  8. Tender related Domestic Arbitration.
  9. Tender related International Arbitration.
  10. Arbitration under ICC rules.
  11. Arbitration in various Arbitration Institutions like SIAC, Dubai International Arbitration Centre, London Court of Arbitration etc.

The Firm 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 the Firm also assists the Companies bidding on the basis of an International or domestic tender process, to evaluate the legal implications and risks. Hence the Firm’s service in tender process is to guide the parties the legal consequences of floating and signing certain tender documents, which involve the legal aspects.

After the introduction of ‘The Arbitration and Conciliation Act, 1996’ the Arbitration in India has become more effective and less time consuming. The above said Act has been enacted to adopt The Model Law on International commercial Arbitration 1985 and UNCITRAL Conciliation Rules, 1980 as proposed by the wing of UN. Hence Indian Law is synchronised with the law of the other countries of the world.

The above said law has created a simplified procedure with less judicial intervention for International Commercial Arbitration proceedings involving different jurisdictions and multinational parties. The above said Act is based on the UNCITRAL Model Law on International Commercial Arbitration, 1985. Hence India is fully aligned with the rest of the world by exacting the above said Act. The firm and its lawyers are handling various arbitration proceeding and related court cases in the field of domestic Arbitration proceedings. Domestic Arbitration in India has become more effective now because of the effective procedures laid down by the various Institutional Arbitration Centres of India. The Domestic Arbitration Centres in India have laid down client friendly measures to cut down the cost of Arbitration including fees for Arbitrators. The Firm and its lawyers have strong experience in handling arbitrations before independent and individual Arbitrators, Retired Supreme Court and High Court Judges as Arbitrators and Institutional Arbitrations.

The Firm has handled large high value Arbitrations including Airports, big infrastructure, real estate, supply contracts, stock market arbitrations, labour contracts, technology supply contracts, technology transfer related contracts, facility creation contracts etc.

Normally once the tender process is started litigations are not entertained by the Courts in India. But in case if the tender conditions are altered during the process or any discriminatory approach of the tender floating company is the subject matter then the Courts in India interfere. But most of the litigations arise either after the finalization of tender process or in the project implementation stage. But since most of the contracts and tender documents contain arbitration clause, those disputes give rise to an arbitration proceedings only. The Firm has a good amount of experience and expertise in handling tender related litigations in India.

Applicable Laws for Tender

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.

Experience of Firm in Tender and Contracts Services

The lawyers of the firm have expertise and experience to handle any type of Tender related service including the consequential litigations and Arbitrations if any. The partners and the lawyers of the firm have experience in handling litigations in various Courts of India, pertaining to Tender etc.

The firm has its partners and Associates across the Globe who are experienced in handling such complex tender issues, dispute resolution etc. Hence, The Expertise of the firm with multi jurisdiction Associates is the speciality of the firm. The Firm also cut the costs of dispute resolution process in the international level since the major part of the work is executed and handled by the local lawyers with experience is that relevant jurisdiction.