Overview
Many commercial disputes are resolved faster outside court. The firm represents parties in arbitration and mediation, and in court proceedings connected with them — interim measures, appointment of arbitrators, and challenges to and enforcement of awards.
Statutory framework
- Arbitration and Conciliation Act, 1996 — Section 8 (reference to arbitration), Section 9 (interim measures), Section 11 (appointment), Section 34 (setting aside) and Section 36 (enforcement).
- Mediation Act, 2023 and Section 12A of the Commercial Courts Act, 2015.
- Legal Services Authorities Act, 1987 — Lok Adalats.
Common situations
- Contracts with an arbitration clause.
- Urgent interim protection before arbitration starts.
- Disputes suited to mediation.
- Enforcement of an arbitral award.
How the process usually runs
- Notice invoking arbitration.
- Appointment of the arbitrator by agreement or through the court.
- Pleadings and hearings.
- Award, followed by any challenge or enforcement.
Documents to keep ready
- The contract with the dispute resolution clause
- Correspondence on the dispute
- Invoices, payment records and notices
Frequently asked questions
Can I go to court if my contract has an arbitration clause?
The court will generally refer the dispute to arbitration if asked, but it can still grant interim measures under Section 9.
Is an arbitral award final?
It can be challenged only on limited grounds under Section 34; otherwise it is enforced like a decree.
What is a Lok Adalat settlement?
A settlement recorded by a Lok Adalat is final and binding and has the effect of a civil court decree.