652+ Lawyers are online 
Remedy if international arbitration proceedings have been stayed
06-Jan-2023 (In International Law Law)
Our company (France) has entered into an agreement with an Indian company to manufacture and market medical products. It is a joint venture. We are manufacturing and selling the products in India. We entered into this JD considering various sops provided by the State government. Now, the State government has challenged the sops provided and have not refunded the sops in crores.
Based on the protocols between India and Korea related to trade and commerce, we have moved international arbitration against State government. The State has moved the high court to bring a stay on arbitration proceedings. The stand taken by State is that since there are clauses related to invoking arbitration and local jurisdictional courts, the High Court should not allow our company at Korea to invoke the clauses in international protocol to seek remedy.
We need a proper advise on this and a barrister to immediately initiate remedial measures.
First a raider clause: This is definitely a complex matter and calls for a thorough scrutiny of the agreement and the concerned State’s policies and other records. Now, what we are advising is a generalistic advise and cannot be treated as a proper legal advice.
As you know our country is federal in its constitution in addition being democratic republic. The concerned State might have banked on this and moved the high court. At the same stretch, The international protocol is signed by the Central government and government of Korea. It is thereby applicable to all activities within the protocol’s ambit across India including the State where you have your unit. Hence, within the available inputs provided by you, according to me moving international arbitration is correct and is a right stand.
We can professionally assist you in this regard to resolve the issues.
As you know our country is federal in its constitution in addition being democratic republic. The concerned State might have banked on this and moved the high court. At the same stretch, The international protocol is signed by the Central government and government of Korea. It is thereby applicable to all activities within the protocol’s ambit across India including the State where you have your unit. Hence, within the available inputs provided by you, according to me moving international arbitration is correct and is a right stand.
We can professionally assist you in this regard to resolve the issues.
Helpful?
10+
10+
Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top International Law lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
