Arbitration & Dispute Resolution

In the contemporary Indian commercial environment, alternative dispute resolution (ADR) has emerged as the preferred mechanism for resolving contractual, construction, corporate, and infrastructure controversies. However, arbitration requires specialized tactical expertise distinct from standard civil litigation. From invoking arbitration and securing urgent pre-arbitral interim protections to conducting evidentiary hearings and resisting or pursuing enforcement, our chambers provide comprehensive representation under the Arbitration and Conciliation Act, 1996.

We advise domestic corporations, foreign enterprises, government contractors, and institutional lenders on institutional arbitrations conducted under the rules of the Delhi International Arbitration Centre (DIAC), the Indian Council of Arbitration (ICA), and the International Chamber of Commerce (ICC), as well as ad-hoc arbitrations across India.

Key Legal Issues Faced by Clients

Commercial entities regularly encounter critical legal friction points in arbitration:

• Defective Arbitration Clauses: Pathological, ambiguous, or multi-tiered clauses that delay the constitution of the arbitral tribunal.
• Urgent Asset Protection (Section 9): Preventing dissipation of assets, encashment of conditional bank guarantees, or termination of critical commercial contracts prior to tribunal constitution.
• Tribunal Appointment Impasses (Section 11): Petitions before the High Court or Supreme Court where counterparties refuse to appoint an independent arbitrator.
• Award Challenges (Section 34): Navigating the strict, narrow grounds of patent illegality and public policy established by Supreme Court jurisprudence in Ssangyong Engineering and Patel Engineering.
• Enforcement & Execution (Section 36): Ensuring swift execution of domestic and foreign arbitral awards as deemed decrees of the court.

Scope of Legal Services

Our arbitration services encompass:

• Drafting and vetting dispute resolution clauses in joint ventures, EPC contracts, and commercial supply agreements.
• Formulating strategy, issuing formal Section 21 notice invoking arbitration, and drafting Section 11 appointment petitions.
• Drafting Statement of Claim, Statement of Defense, counter-claims, witness affidavits in evidence, and interrogatories.
• Conducting rigorous oral cross-examination of expert and factual witnesses before the arbitral tribunal.
• Appellate litigation under Section 37 challenging orders refusing interim relief or setting aside arbitral awards.

Our Methodical Approach

We approach arbitration with rigorous evidentiary preparation. Rather than treating arbitration as informal litigation, we front-load factual and documentary analysis, ensuring that statements of claim are exhaustive and legally impregnable from the outset. We assess potential award enforceability at every stage, avoiding procedural missteps that counterparties could exploit in Section 34 challenge proceedings.

Frequently Asked Questions