Arbitration and Mediation
Arbitral proceedings, court support and enforcement of awards.
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
- Advocate
- Adv. Bhawani Shanker Atrey
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.
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
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.
Related practices
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.