Arbitration & ADR
Institutional and ad-hoc arbitration, arbitral tribunal representation, and the High Court proceedings that sit alongside them.
What this covers
Most commercial contracts in India now carry an arbitration clause — which means a dispute under that contract is resolved by a private arbitral tribunal, not a civil court. This work spans representation before the tribunal itself, and the High Court applications that frame it: appointing an arbitrator where parties can't agree, seeking urgent interim relief before or during arbitration, and — after an award — either enforcing it or challenging it.
General process
Invoke the clause
A notice invoking arbitration under the contract, naming the dispute.
Constitute the tribunal
By agreement, institutional rules, or a Section 11 application to the High Court if parties can't agree.
Pleadings & hearings
Statement of claim and defence, evidence, and hearings before the arbitrator(s).
Award & post-award
The award is passed; it can then be enforced (Section 36) or challenged (Section 34) in court.
Frequently asked
What if the contract doesn't name an arbitrator?
If the parties can't agree on one, an application under Section 11 of the Arbitration and Conciliation Act can be made to the High Court to appoint one.
Can I get urgent relief before the tribunal is even formed?
Yes — Section 9 allows a party to approach the High Court for interim measures (for example, to preserve assets or maintain status quo) before or during arbitral proceedings.
Is an arbitral award final?
It's binding, but not unchallengeable — it can be contested on limited grounds under Section 34, generally procedural or public-policy grounds rather than a fresh look at the merits.