Alternate Dispute Resolution

• Our practice area broadly includes:

  • Conducting commercial arbitrations under the auspices of International Chamber of Commerce (ICC) and United Nations Commission of International Trade Law (UNCITRAL) rules and structures
  • Drafting of arbitration agreements
  • Representing clients in statutory and contractual arbitration proceedings according to the Indian Arbitration and Conciliation Act, 1996 and other international arbitration legislations including the ICC rules, LCIA and SIAC rules
  • Counseling clients on the mechanisms for dispute resolution available under Indian law
  • Application before the High Court for appointment of arbitrator;
  • Petition before the court seeking Interim relief before or at the stage of arbitration proceedings;
  • Petition under section 34 of Arbitration Act, 1999 seeking set aside of the award;
  • Execution petition seeking realisation of the arbitration award before civil court.
  • Appear before arbitrators across the country;
  • Enforcement of Awards in India and outside India

• Arbitration and other modes of dispute resolution like mediation, conciliation, negotiations, Lok Adalats etc. are considered much more efficient than the conventional process of litigation in today’s time.
  
  ADR provides a viable option for those who prefer to stay out of court and has many potential advantages for most litigants, including:
  
  • Reduced cost
  • Less time consuming
  • Efficient resolution
  • Less emotional stress
  • Flexibility with rules and procedures
  • Control over the results
  
  These alternate dispute resolution mechanisms have proven to be one of the most efficacious in resolving disputes, especially commercial disputes and disputes related to commercial contracts, property, construction, real estate and insurance.
  The Indian Arbitration and Conciliation Act, 1996 the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985. Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.
  Our dispute resolution practice offers services spread across litigation, arbitration, regulatory and pre-disputes advisory assignments. We actively represent clients on a gamut of litigations in India before various forums such as the Supreme Court of India, High Courts, Tribunals, Appellate and Regulatory bodies. Our robust team advises clients on complex on various commercial arbitration matters such as pre-arbitration strategy, settlement discussions, representation during arbitral proceedings and recognition and enforcement of awards or challenges.