CTS Consulting Co.

Thaltej, Ahmedabad, Gujarat

Arbitration is the next preferred method where negotiation fails. Unless the parties can agree on arbitration after the dispute has arisen, the underlying contract or separate agreement must indicate that disputes will be resolved through arbitration. The Arbitration clause shall indicate the process of appointment of arbitrator, place of arbitration and number of arbitrators. In many instances, international arbitration is an effective though perhaps underutilised dispute resolution mechanism Especially in China and India. Arbitration also offers an advantage over litigation because of the finality of the rulings. Court rulings are subject to appeal, which means litigation may continue for a lengthy period of time.
Agreements to arbitrate usually specify a choice of arbitration body, which may be located in country of contract party or other country.

In China there are two Chinese government-sponsored arbitration bodies for handling cases involving at least one foreign party :

• China International Economic and Trade Arbitration Commission (CIETAC) and
• China Maritime Arbitration Commission (CMAC).

In India there are major three arbitration institute which provides alternate dispute resolution :

• Indian Council of Arbitration (ICA)
• Indian Institute of Arbitration & Mediation (IIAM)
• The International Centre for Alternative Dispute Resolution (ICADR)

In Hong Kong, there are three major arbitration institutions :

• The Hong Kong International Arbitration Centre (or HKIAC)
• Hong Kong Mediation and Arbitration Centre (HKMAAC)
• Hong Kong Institute of Arbitrators (HKIArb)

Companies should clearly mention in contract  an alternative to any country base arbitration if they choose international body like Singapore Arbitration Centre.

Disputes and litigation are a part of modern life.  In today’s environment, these disputes or potential disputes often involve complex financial, economic and business issues.
Whether in litigation or other dispute resolution means, clients and their counsel require the rapid mining, modelling and analysis of data in order to make case-critical decisions.  We provide quantitative analytic solutions in instances where facts are disputed and answers are buried in voluminous, complex collections of transactional data.
At China Trade Solution we take a creative approach to litigation and arbitration support, finding thoughtful solutions that are time-sensitive and tailored to our clients’ legal strategy. We partner with outside counsel and in-house teams to collect the information needed to get results, whether it’s evidence to support a legal position or for leverage against opponents.

Our expert lawyers can assist in a wide range of areas :

• Claims relating to M&A transactions
• Investment disputes

• Claim against manufacturer or supplier
• International Arbitration
• Professional negligence claims
• Breach of contract, breach of warranty
• Construction and capital project disputes

We at China Trade Solution, follow three different approaches to solve any dispute in the interest of clients to save time and cost.

• Negotiation
• Arbitration
• Filling Lawsuit  

NegotiationNegotiation is first and most cost effective means of dispute resolution. In fact, the majority of commercial contracts have a standard clause stipulating that negotiation should be pursued before other dispute settlement mechanisms are used. This is also the expectation within other business culture more generally and failure to adequately follow this may be interpreted as a lack of courtesy or goodwill, or a lack of cultural sensitivity.
Breach of contract generally results in termination of the contract and damages for any losses incurred. In China however, a greater emphasis is placed on preserving business relationships or using personal connections to assist in resolving disputes. When a foreign firm experiences difficulty in directly negotiating a solution to a dispute with its counter party, companies sometimes seek assistance from government officials who can encourage the counter party to honor the terms of the contract. However, negotiations do not always lead to resolution.

What we do

• We meet your counter party and put all our efforts to honor the terms of the contract
• We negotiate between you and your counter party to reach at some mutually accepted level of resolution and follow up to ensure that party performs the obligation in stipulated time.

Arbitration is the next preferred method where negotiation fails. Unless the parties can agree on arbitration after the dispute has arisen, the underlying contract or separate agreement must indicate that disputes will be resolved through arbitration. The Arbitration clause shall indicate the process of appointment of arbitrator, place of arbitration and number of arbitrators. In many instances, international arbitration is an effective though perhaps underutilised dispute resolution mechanism Especially in China and India. Arbitration also offers an advantage over litigation because of the finality of the rulings. Court rulings are subject to appeal, which means litigation may continue for a lengthy period of time.
Agreements to arbitrate usually specify a choice of arbitration body, which may be located in country of contract party or other country.

In China there are two Chinese government-sponsored arbitration bodies for handling cases involving at least one foreign party :

• China International Economic and Trade Arbitration Commission (CIETAC) and
• China Maritime Arbitration Commission (CMAC).

• 
  In India there are major three arbitration institute which provides alternate dispute resolution :

  • Indian Council of Arbitration (ICA)
  • Indian Institute of Arbitration & Mediation (IIAM)
  • The International Centre for Alternative Dispute Resolution (ICADR)

  • 
    In Hong Kong, there are three major arbitration institutions :

    • The Hong Kong International Arbitration Centre (or HKIAC)
    • Hong Kong Mediation and Arbitration Centre (HKMAAC)
    • Hong Kong Institute of Arbitrators (HKIArb)

    • Companies should clearly mention in contract an alternative to any country base arbitration if they choose international body like Singapore Arbitration Centre.