Arbitration Lawyer in India
Arbitration Law Practice
Businesses across the world are moving away from complex and time consuming court proceedings. Parties to business agreements of all categories, are invariably, opting for arbitration as a dispute resolution process. More so in international business transactions.
India repealed its archaic law on arbitration and enacted the Arbitration and Conciliation Act, 1996 based on the UNCITRAL Model Law on International Commercial Arbitration and Rules and ever since arbitration as an alternate dispute resolution mechanism has flourished. The grounds on which an arbitration award can be challenged has been made more stringent and further an award can be directly enforced without having to confirm the same by a court of law.
Our experienced arbitration lawyers are dedicated to assisting clients both in domestic and international arbitrations and we support both business clients and private individuals when they seek legal assistance on handling their arbitration matters.
Our arbitration law services include:
- Drafting of suitable arbitration clauses in an agreement
- Review of contracts and agreements containing an arbitration clause
- Representation in arbitration proceedings
- Filing of necessary petitions for appointment of an arbitrator
- Legal Opinion on Arbitration Related Matters
- Enforcement of arbitral awards
The Legal Framework for Arbitration in India
- The Arbitration and Conciliation Act, 1996 is the comprehensive law in India governing both the substantive and procedural aspects.
The salient features of the Act:
- It provides the framework for both domestic and international commercial arbitration.
- Arbitration agreement must be in writing.
- Parties are free to choose their arbitrators or the number of arbitrators as long as the arbitrators so chosen are not in even number.
- Qualifications of arbitrators is stipulated to avoid bias.
- Arbitrator/Arbitration panel is given wide powers to decide on a number of issues including their own jurisdiction.
- Arbitrator/Arbitration panel is free to frame their own procedure to conduct the arbitration proceedings.
- The power of the regular court to interfere with the award or the arbitration process is curtailed.
- The law provides for interim reliefs to be granted by regular courts prior to commencement of arbitration.
- Arbitrator/Arbitration panel is required to pass reasons for the award.
- Arbitrator/Arbitration panel is required to pass the award within a period of twelve months from the date of completion of pleadings.
- The law provides for fast track arbitration, subject to the consent of the parties.
- Challenge to an arbitral award is limited to a few grounds.
- Arbitral award is treated on par with a decree of court and hence directly enforceable.
- Enforcement of foreign awards – Foreign awards passed under the New York Convention and Geneva Convention can be enforced before the courts in India provided it satisfies the requirements of the 1996 Act.
What kind of matters cannot be referred to arbitration?
As per judgments of the Supreme Court of India, the following matters cannot be referred to arbitration:
- Disputes relating to rights and liabilities which give rise to or arise out of criminal offences;
- Matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody;
- Guardianship matters;
- Nsolvency and winding up matters;
- Testamentary matters (grant of probate, letters of administration and succession certificate); and
- Eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes.
- Disputes relating to private trusts, trustees, and beneficiaries of trust under the Trusts Act, 1882.
We're Here to Help!
Have questions or need assistance? Our support team is just a message away. Fill out the form and we’ll get back to you as soon as possible.
