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Arbitration and Mediation

Arbitral proceedings, court support and enforcement of awards.

Overview

What is arbitration and mediation practice?

Arbitration is the resolution of a dispute by a private tribunal whose award binds the parties like a court decree. Atreya Legal drafts arbitration clauses, represents parties before arbitral tribunals, and conducts the related court proceedings under the Arbitration and Conciliation Act, 1996.

Practice group
Disputes
Principal statute
Arbitration and Conciliation Act, 1996
Heard before
Arbitral tribunals and institutions, Commercial courts, High Courts
Scope

What the practice covers

  • Drafting arbitration clauses

    Seat, rules, number of arbitrators and governing law, settled at the contract stage.

  • Interim relief

    Applications to the court under Section 9 and to the tribunal under Section 17.

  • Appointment of arbitrators

    Applications under Section 11 where the parties cannot agree.

  • Conduct of arbitrations

    Pleadings, evidence and arguments in ad hoc and institutional arbitrations.

  • Challenge and enforcement

    Applications to set aside awards under Section 34, appeals under Section 37 and execution.

  • Mediation and settlement

    Mediated settlements under the Mediation Act, 2023 and pre-institution mediation.

Law and forums

Statutes and courts

Governing statutes

  • Arbitration and Conciliation Act, 1996
  • Mediation Act, 2023
  • Commercial Courts Act, 2015
  • Indian Contract Act, 1872

Courts and authorities

  • Arbitral tribunals and institutions
  • Commercial courts
  • High Courts
  • Supreme Court of India
Questions

Common questions on arbitration matters

How long do I have to challenge an arbitral award?

An application under Section 34 must be filed within three months of receiving the award. The court may allow a further thirty days on sufficient cause, and no longer.

How quickly must an arbitration finish in India?

In domestic arbitrations Section 29A requires the award within twelve months from the completion of pleadings. The parties may extend this by up to six months by consent, and after that only the court can extend it.

Contact

Discuss a arbitration matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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