04Disputes
Arbitration & Dispute Resolution
Representation in domestic arbitration and alternative dispute resolution.
Arbitration and other alternative dispute resolution mechanisms increasingly offer a faster, more commercially sensible route to resolving disputes. We represent clients in arbitral proceedings and in related court applications, including matters concerning the appointment, conduct and enforcement of arbitral awards.
Services & Matters Handled
- Domestic arbitration proceedings
- Applications under the Arbitration and Conciliation Act
- Enforcement and challenge of arbitral awards
- Mediation and negotiated settlements
What To Bring
Typical information that helps us assess a matter of this kind:
- The underlying contract and arbitration clause
- Correspondence relevant to the dispute
- Details of any arbitral proceedings already initiated
How a matter of this kind proceeds
The arbitration clause
We read the clause first: it determines the seat, the governing rules, the number of arbitrators and how they are appointed. A defective clause changes the strategy.
Invocation and constitution of the tribunal
Arbitration is invoked by notice. Where the other side does not co-operate, the tribunal is constituted by application to the court.
Pleadings and hearings
Statement of claim, defence and evidence follow the tribunal's procedural orders, which are ordinarily more compressed than court timelines. Interim protection can be sought from the tribunal or the court.
Award, challenge and enforcement
The award is enforceable as a decree. The grounds on which it can be set aside are narrow and deliberately so.
Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.
Common questions
Is arbitration faster than going to court?
It is designed to be, and the statute sets a timeline for making the award. In practice the gain depends on the tribunal, the co-operation of the parties, and whether either side takes ancillary applications to court. It is usually more predictable, and usually more expensive per hearing.
Our contract has an arbitration clause. Can we still go to court?
If a suit is filed in the face of a valid arbitration clause, the other side can apply to have the parties referred to arbitration, and the court will ordinarily do so. Courts remain available for specific supporting functions — interim measures, appointment of an arbitrator, and enforcement.
On what grounds can an award be set aside?
The grounds are narrow: they concern matters such as the validity of the agreement, want of proper notice, the tribunal exceeding its remit, and conflict with the public policy of India. A challenge is not a re-hearing of the dispute on its merits.
Related disputes work
Representation in civil suits, injunctions and recovery proceedings before Delhi’s trial courts and High Court.
Strategic representation in high-value commercial and business disputes.
Defence and complainant-side representation across criminal proceedings.
Next Practice Area
Banking & Financial Disputes