Infrastructure and Construction Arbitration

Infrastructure and Construction Arbitration Services

At the heart of Indias development narrative lies a robust infrastructure sector comprising highways, metro projects, ports, power plants, and smart cities fuelling economic growth and connectivity. With such monumental projects come equally complex contracts, technical specifications, and stakeholder relationships. Disputes are inevitable. This is where Law Senates Infrastructure and Construction Arbitration Services step in - offering clients practical, strategic, and legally sound solutions to resolve infrastructure-related disputes efficiently. As a premier arbitration law firm in India, Law Senate has successfully handled high-stakes infrastructure arbitration matters for public sector undertakings, multinational corporations, construction giants, and government bodies across India and internationally.

 

Why Infrastructure and Construction Disputes Arise

 

Infrastructure projects—whether in the form of EPC, BOT, PPP, or turnkey contracts—are fraught with operational, financial, and regulatory risks. Disputes typically arise from:

• Project delays and cost overruns
• Non-payment of dues or disputed invoices
• Design and scope changes
• Defective construction or non-conformance to specifications
• Termination and suspension of contracts
• Government approvals and regulatory roadblocks
• Force majeure events (e.g., natural calamities, pandemic disruptions)

These disputes often involve multiple parties, extensive documentation, and significant monetary claims. Hence, infrastructure players are increasingly turning to construction arbitration as the preferred method of dispute resolution.

 

Law Senate Approach to Infrastructure Arbitration

 

At Law Senate, we believe that specialized disputes require specialized expertise. Our team of lawyers combines deep knowledge of construction law with technical understanding of infrastructure project dynamics—enabling us to decode contracts, analyse claims, and present strong legal arguments before arbitral tribunals.

Our infrastructure arbitration practice includes:

• Drafting and vetting of arbitration clauses and dispute resolution frameworks
• Pre-arbitration dispute management and strategy formulation
• Representation before domestic and international arbitration forums (ICC, SIAC, LCIA, MCIA, etc.)
• Appointment and challenge of arbitrators
• Management of expert evidence (engineering, project finance, quantity surveying)
• Enforcement or challenge of arbitral awards

With decades of experience across sectors like roads, bridges, airports, power, oil & gas, water treatment, and urban infrastructure, Law Senate is equipped to manage complex, multi-tiered disputes with utmost professionalism and precision.

 

The Construction Arbitration Landscape in India

 

India’s infrastructure disputes are typically governed by arbitration clauses incorporated within concession agreements, construction contracts, and consultancy agreements. These disputes may arise in both domestic and international projects. Arbitration, especially post the Arbitration and Conciliation (Amendment) Acts of 2015 and 2019, has become the preferred alternative dispute resolution (ADR) mechanism due to its speed, confidentiality, and technical focus.

India also recognizes and enforces foreign arbitral awards under the New York Convention, making it an attractive jurisdiction for resolving cross-border infrastructure disputes.

Law Senate has represented clients in disputes under:

• FIDIC contracts
• EPC, turnkey, concession, item rate, lumpsum, design and build contracts
• Bilateral Investment Treaties (BITs)
• Public-private partnership (PPP) frameworks

Our lawyers frequently appear before arbitrators appointed under institutional rules as well as ad hoc tribunals, offering clients agile, cost-effective representation.

 

Key Features of a Construction Arbitration

 

A well-structured arbitration process offers several distinct advantages in infrastructure disputes:

 

1. Sector-specific expertise: Arbitral tribunals often include engineers, project managers, and architects.
2. Flexible procedures: Parties can agree on timelines, evidence rules, and formats.
3. Confidentiality: Arbitration ensures disputes are not aired in public forums.
4. Neutrality: Especially relevant in international construction projects with foreign stakeholders.
5. Finality of awards: Arbitral awards are binding and enforceable, both in India and abroad.

At Law Senate, we guide our clients through every stage—from the issuance of Notice of Arbitration to the final enforcement of awards, ensuring clarity, compliance, and confidence throughout the process.

 

Types of Disputes Handled by Law Senate

 

Law Senate Infrastructure Arbitration team handles a wide variety of disputes, including:

 

• Delay and disruption claims: Including EOT (Extension of Time) and LD (Liquidated Damages) disputes
• Scope and variation claims: Arising from design modifications or client instructions
• Termination-related disputes: Including wrongful termination and suspension of work
• Non-payment or underpayment: Including milestone-linked payments, retention amounts, or escalation charges
• Performance disputes: Related to design errors, quality of construction, or delayed commissioning
• Regulatory issues: Disputes with government agencies over compliance, licenses, or clearances
• Cross-border claims: Where international contractors or consultants are involved

Whether it’s a power project halted due to environmental non-clearance, or a highway developer seeking damages for delayed land acquisition, Law Senate has the depth and breadth to manage the dispute end-to-end.

 

Domestic vs. International Arbitration in Construction Disputes

 

In infrastructure arbitration, the location of the project and the nature of the parties define whether the dispute is domestic or international.

 

• Domestic Arbitration: Governed by Indian law and conducted within Indian jurisdiction.
• International Commercial Arbitration: Involves at least one non-Indian party or seat of arbitration outside India.

Law Senate handles both types with equal dexterity. Our lawyers are well-versed in institutional rules such as:

• International Chamber of Commerce (ICC)
• Singapore International Arbitration Centre (SIAC)
• London Court of International Arbitration (LCIA)
• Mumbai Centre for International Arbitration (MCIA)
• Delhi International Arbitration Centre (DIAC)
• Indian Council of Arbitration (ICA)

We also coordinate with international legal counsel, technical experts, and foreign arbitrators, ensuring seamless handling of international mandates.

 

Importance of Technical Experts in Infrastructure Arbitration

 

Given the highly technical nature of construction disputes, Law Senate routinely engages:

 

• Engineering experts (civil, structural, MEP)
• Forensic delay analysts
• Project cost accountants and quantity surveyors
• Construction project managers

Our arbitration team works closely with these experts to build a compelling factual and legal case, supported by CPM schedules, BOQs, Gantt charts, site photographs, and technical drawings.

 

Law Senate Value Proposition

 

Why do leading infrastructure players choose Law Senate?

 

•  Proven Track Record: Decades of experience in high-value arbitration matters
•  Sector Knowledge: Deep understanding of construction contracts and government procurement frameworks
•  Pan-India Reach: Offices and arbitration presence across Delhi, Mumbai, Chennai, Bangalore, and more
•  Client-Centric Strategy: Tailored legal solutions to meet commercial objectives
• End-to-End Support: From pre-dispute strategy to award enforcement

Our lawyers combine litigation rigour with arbitration efficiency to deliver results that align with your business interests.

 

Emerging Trends in Construction Arbitration

 

Law Senate remains at the forefront of evolving arbitration practices. Key trends we’re advising clients on include:

 

• Online arbitration and virtual hearings
• Third-party funding in high-value disputes
• Use of AI and data analytics in construction claims
• Environmental and sustainability-related disputes
• Integrated dispute resolution boards (DRBs) in mega-projects

We constantly update our strategies to reflect best practices in global arbitration, ensuring our clients remain a step ahead.

 

Enforcement and Challenges of Arbitral Awards

 

Law Senate has a dedicated team for enforcement of arbitral awards under Indian and international law. We assist clients with:

 

• Filing and defending Section 34 petitions (setting aside arbitral awards)
• Section 36 execution proceedings
• Appeals to Supreme Court of India in Arbitration matters
• Recognizing and enforcing foreign awards under the New York Convention
• Advising on interim reliefs (injunctions, stay orders) during and after arbitration

Our lawyers are also experienced in dealing with court interventions in public infrastructure disputes, ensuring minimal project disruption.

 

Disputes in infrastructure and construction projects can derail timelines, inflate costs, and damage reputations. Arbitration provides a powerful mechanism to resolve these issues efficiently and confidentially. At Law Senate, we bring a unique blend of legal excellence, technical proficiency, and sectoral insight to help you navigate the most complex construction disputes. Whether you're a developer, contractor, government agency, or EPC contractor, our infrastructure and construction arbitration services ensure that your project remains protected, your rights are enforced, and your commercial interests are preserved.