Skip to content
Pravesh DabasAdvocate Delhi, India

01 · Litigation & Disputes

Arbitration & Alternative Dispute Resolution

Arbitration is a private process in which the parties' dispute is decided by one or more arbitrators instead of a court, usually under an arbitration clause in their contract.

Resolving disputes outside ordinary court proceedings, chiefly through arbitration.

What this covers

  1. 01Commencing and defending arbitral proceedings
  2. 02Appointment of arbitrators through the court
  3. 03Interim measures before, during and after arbitration
  4. 04Challenges to arbitral awards
  5. 05Enforcement of domestic and foreign awards

How it generally works

Arbitration in India is governed by the Arbitration and Conciliation Act, 1996. Where the parties cannot agree on an arbitrator, the High Court or Supreme Court can appoint one under section 11.

Courts can grant interim measures under section 9, and the arbitral tribunal itself has similar powers under section 17. The tribunal's final decision is called an award.

An award can be challenged only on limited grounds under section 34, within strict time limits. If it is not set aside, it is enforced like a decree of a court.