Practice Areas
General information on arbitration, mediation, conciliation and alternative dispute resolution in India, covering domestic, commercial and international arbitration, including arbitration agreements, arbitral tribunals, interim measures, arbitral awards, challenge and enforcement, mediation and related court proceedings.
Contractual basis, validity, scope and parties to arbitration agreements.
An arbitration agreement must be in writing under Section 7 of the Arbitration and Conciliation Act, 1996. It may be a clause in a contract or a separate agreement, and questions of its existence, validity and scope are examined in the light of the agreement and applicable judicial decisions.
See also: Corporate & Commercial Law.
Appointment mechanism, tribunal constitution, independence and related issues.
Parties are free to agree on the procedure for appointing arbitrators. Where the agreed procedure fails, an application may be made under Section 11. Disclosure and independence requirements appear in Section 12 and the Fifth and Seventh Schedules.
Scope of jurisdiction, jurisdictional objections and tribunal's authority under Indian law.
Under Section 16, an arbitral tribunal may rule on its own jurisdiction, including objections concerning the existence or validity of the arbitration agreement.
Interim relief, Section 9 and Section 17, preservation of assets and related measures.
Interim measures may be sought from the court under Section 9, or from the arbitral tribunal under Section 17 once it is constituted, in the circumstances the Act provides.
See also: Civil Litigation & Court Proceedings.
Commencement, pleadings, procedural directions, evidence, hearings and conduct.
Arbitral proceedings commence under Section 21. The tribunal determines procedure subject to the Act and the parties' agreement, and time limits for awards in domestic arbitrations are provided in Section 29A.
Arbitration in commercial and contractual relationships in India.
Domestic arbitration arises in many commercial relationships, including construction, supply, distribution, lease and financing arrangements. Commercial disputes of specified value may also involve the Commercial Courts Act, 2015.
See also: Corporate & Commercial Law; Banking, Finance, DRT & SARFAESI.
Nature, legal effect and matters arising after the award.
An arbitral award must meet the form and content requirements of Section 31. Correction, interpretation and additional awards are addressed in Section 33.
Setting aside under Section 34, appeals under Section 37 and related proceedings.
An application to set aside a domestic award may be made under Section 34 on limited grounds and within the prescribed time. Appeals against specified orders lie under Section 37.
See also: Civil Litigation & Court Proceedings.
Enforcement framework, execution proceedings and related issues in India.
Once the time for challenge has expired, or a challenge is refused, a domestic award is enforced as a decree of court under Section 36. A pending challenge does not by itself stay the award. Insolvency proceedings against the award-debtor can also affect enforcement.
See also: Civil Litigation & Court Proceedings; NCLT, NCLAT, IBC & Insolvency.
Mediation, conciliation, other ADR mechanisms and settlement of disputes.
Conciliation is provided for in Part III of the 1996 Act. The Mediation Act, 2023 sets out a framework for mediation and mediated settlement agreements, and courts refer suitable matters, including family disputes, to mediation.
See also: Family & Matrimonial Law.
International and cross-border arbitration, foreign awards and their recognition and enforcement in India (general information).
International commercial arbitration is defined in Section 2(1)(f). Foreign awards under the New York Convention are recognised and enforced under Part II of the Act (Sections 44 to 52).
See also: NRI & Cross-Border Matters; International Law & Human Rights.
Arbitration-related matters before High Courts and the Supreme Court of India.
Arbitration-related applications, appeals and petitions come before High Courts and the Supreme Court, including appointment applications and further appeals by special leave.
The legal framework relevant to arbitration and alternative dispute resolution may include the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023, the Commercial Courts Act, 2015, the Code of Civil Procedure, 1908 (where applicable), institutional arbitration rules and relevant judicial decisions of courts.
Dr. Anand Duggal is an Advocate registered to practise in India. This page contains general legal-awareness and informational material concerning arbitration, mediation, conciliation and alternative dispute resolution in India. Information concerning international or foreign-seated arbitration, foreign awards or foreign legal systems is provided for general and comparative purposes only and does not imply admission or authorisation to practise law in any foreign jurisdiction.
