Arbitration – Efficient Alternative to Court Disputes

Arbitration and mediation provide faster, private, and less formal solutions to disputes. We represent clients in arbitration proceedings and help them achieve fair outcomes without lengthy litigation.

Key Highlights

  • Representation in domestic and international arbitration
  • Drafting arbitration agreements and notices
  • Mediation support for amicable resolution
  • Enforcement of arbitral awards
We make dispute resolution faster, efficient, and effective through arbitration.
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FAQ

Arbitration

1. What is arbitration?
Arbitration is a private adjudicatory process where parties agree to refer disputes to an impartial arbitrator rather than the civil courts. The resulting decision, called an arbitral award, is binding and enforceable as a decree. It embodies the principle 'Pacta sunt servanda' agreements must be kept.
2. Which law governs arbitration in India?
The Arbitration and Conciliation Act, 1996 governs domestic and international arbitration, aligned with the UNCITRAL Model Law. It was enacted to promote efficiency, autonomy, and minimal judicial interference.
3. What disputes are arbitrable?
All civil and commercial disputes capable of settlement by agreement may be referred to arbitration. Criminal, matrimonial, insolvency, or public law issues are non‑arbitrable.
4. How is an arbitrator appointed?
If parties cannot agree, an application under Section 11 of the Act may be made to the High Court or Supreme Court for appointment. Appointments must ensure independence and impartiality as per the Fifth and Seventh Schedules.
5. How is an arbitral award enforced?
An arbitral award is enforceable as a court decree under Section 36 of the Arbitration and Conciliation Act.
6. Is the arbitration award binding?
Yes. The arbitral award is final and binding on the parties, similar to a court decree.
7. Can arbitral awards be challenged?
Yes. Awards can be challenged under Section 34 on limited grounds such as fraud, violation of public policy, or lack of jurisdiction. The limitation period is three months from the date of receipt of the award. Arbitration provides procedural flexibility and finality. However, drafting an airtight arbitration clause and managing proceedings strategically requires experienced counsel to avoid jurisdictional pitfalls and ensure enforceability.
8. Can foreign awards be enforced in India?
Yes. Foreign awards are enforceable under Part II of the Arbitration and Conciliation Act, 1996, following the New York Convention (1958) or Geneva Convention (1927).
9. What are the advantages of arbitration?
  • Faster and cost-effective
  • Confidential process
  • Flexibility in procedure
  • Choice of arbitrator
  • Finality of award