Facilities Management Multi-National vs. Indian Engineering & Construction Firm
Claim Type – Contractual Breach, Enforcement & Bankruptcy
Jurisdiction – India, Mumbai & UAE, Dubai

CHALLENGE

A renowned global provider of facilities management and supply logistics solutions, headquartered in the Middle East, entered into an agreement with a Mumbai engineering firm for remote operations and support for their vessels, barges and staff in Iraq. The Indian company repeatedly defaulted, and instead of agreeing to a payment plan, they chose to avoid paying the balance.

A DIAC arbitration clause in the contract and related purchase orders allowed for dilatory tactics on a jurisdictional level. Considering the Indian party’s assets were scattered across several jurisdictions, international investigations and disputes were not justified. This matter was made more difficult by the defaulting party name change and moratorium.

In anticipation, the Claimholder’s general counsel designed a strategy to achieve the best possible result at minimal cost. The Practiclaim solution was perfect for the heavy in-house workload. For the purpose of following the Claimholder’s targets, a claim manager was appointed.

PRACTICLAIM SOLUTION

In co-ordination with the Claimholder’s legal team, a Claim Pre-Assessment note was prepared in advance, at no cost. Early data assessment, document review, and essential investigation work was carried out by the claim specialist for no charge. As a result, the general counsel was able to efficiently channel the matter and an optimal enforcement strategy was outlined. This enabled the in-house team to prioritize objectives and finetune their strategic positions.

To reach the settlement, the claim manager drafted an in-house dispute notice which prompted the company to act. The task of representing, enforcing the claim and the bankruptcy claims was assigned to two Legal 500 claim service providers, one in the UAE and another in India. Following the Practiclaim model, outside counsel sourced and negotiated within its dedicated network, leading to a competitive lump-sum fee arrangement, a claim evaluation, litigation budget, timelines, and scope of work; all at no cost.

Under the 2016 Insolvency and Bankruptcy Code, a demand notice was submitted in Mumbai in favor of the claimant with 7% interest. Eventually, acting as an in-house facilitator for the Claimholder, integrating the outside legal team and relieving the in-house staff of claim-related tasks, the matter was successfully resolved.

EFFECT

As a result, the Claimholder benefited from access to highly skilled claim specialists, dedicated to the claim’s specific aspects throughout, improving time management and performance as well as ensuring coordination, continuity and optimal results. The claim manager’s work in favor of the Claimholder was also cost-free until a formal engagement was reached.

A rapid resolution of the matter was reached in a relatively short period of time, with no up-front cost or risk.

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