Practice Area
Arbitration
Representation in domestic and institutional arbitration and in related proceedings before the courts.
The Practice
Arbitration is a private process in which parties to a dispute agree to have it decided by one or more arbitrators instead of a court. In India it is governed by the Arbitration and Conciliation Act, 1996, and the courts supervise the process at defined points. The Firm represents parties in domestic and institutional arbitrations and in the court proceedings that accompany them.
The Firm represents parties in domestic and institutional arbitrations and in the court proceedings that accompany them, from applications for interim relief to the challenge and enforcement of arbitral awards.
Drawing on its wider dispute resolution practice, the Firm advises on arbitration strategy with the entire dispute in view, including the relative merits of arbitration, insolvency proceedings and commercial suits.
How It Works
How the process works
An arbitration usually begins with a notice invoking the arbitration clause. If the parties cannot agree on an arbitrator, either may ask the High Court or the Supreme Court to appoint one under Section 11. Before and during the case, a party may seek interim protection, such as an order preserving assets, from a court under Section 9 or from the tribunal under Section 17.
The tribunal is expected to complete the pleadings within six months of its constitution and to make its award within 12 months of that, extendable by six months with the parties' consent and further only by the court (Section 29A). An award can be challenged only on the limited grounds in Section 34, within three months of receiving it, extendable by a court by up to 30 days. Appeals lie under Section 37. An unchallenged or upheld award is enforced as a court decree (Section 36). Foreign awards from convention countries are enforced under Part II of the Act.
How an engagement runs
- Before commencement: review of the contract, the arbitration clause, limitation and the forum.
- Interim relief and appointment: applications under Sections 9 and 11, where needed.
- The arbitration: statements of claim and defence, documents, witnesses and hearings.
- After the award: a challenge under Section 34 or its defence, and enforcement.
Scope of Work
Areas of Advice and Representation
- 01Interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 and before the arbitral tribunal
- 02Appointment and substitution of arbitrators under Sections 11 and 15
- 03Conduct of arbitral proceedings, including pleadings and evidence
- 04Challenges to awards under Section 34 and appeals under Section 37
- 05Enforcement of domestic and foreign awards
- 06Drafting and review of arbitration and dispute resolution clauses
Forums
Courts and Tribunals
- Arbitral tribunals, ad hoc and institutional
- Delhi High Court
- Other High Courts
- Supreme Court of India
Questions
Questions and Answers
- How is an arbitrator appointed if the other side does not cooperate?
- If the clause or the parties' agreement does not produce an appointment, a party can apply to the High Court or the Supreme Court under Section 11. The court's enquiry at that stage is generally limited to whether an arbitration agreement exists.
- Can I get urgent protection before the arbitration starts?
- Yes. Section 9 allows a party to ask a court for interim measures before, during or after the arbitration. If the arbitration does not begin within 90 days of the order, the order can lapse.
- How long do I have to challenge an award?
- Three months from the date the award is received, with a further period of up to 30 days that a court may allow for sufficient cause. The deadline is strictly applied.
- What if the award is against a party outside India or made abroad?
- A foreign award from a country notified as a New York Convention country can be enforced in India under Part II, subject to the limited grounds of refusal in Section 48.
- Does the court re-examine the merits of the award?
- Not ordinarily. Courts treat a Section 34 challenge as a limited review for the grounds listed in the Act, not as an appeal on facts.
Related Reading
- The Limits of Arbitral Autonomy: When ‘Permissible Refinements’ and Arbitrary Damages Cross the Line into Patent Illegality
- The Admission Conundrum: Judicial Discretion, Mandatory Triggers, and the Arbitration Intersection in India’s Insolvency Regime
- The 10% Trap: Rethinking Pre-Deposits in Arbitration
- Pre-Litigation Mediation Under Section 12A of the Commercial Courts Act: Promise and Practice
- Ethical Dilemmas in International Arbitration: A Cross-Jurisdictional Legal Quagmire
