Arbitration and Dispute Resolution

The Chambers handles the full spectrum of arbitration-related work, both within the arbitral process and in the courts, arising from commercial, construction, infrastructure, service, supply, partnership, franchise, and government-contract relationships.

At the threshold, we advise on pre-arbitration strategy while assessing the arbitration clause, notice requirements, limitation, and any mandatory pre-arbitral steps such as conciliation or escalation clauses, and on invocation of arbitration, including drafting and responding to notices under Section 21 of the Arbitration and Conciliation Act, 1996. Where a party resists arbitration despite a binding clause, we act in applications under Section 8 seeking reference of disputes pending before a civil court to arbitration, and in resisting or supporting such applications on grounds of non-arbitrability or the existence of a valid arbitration agreement. Where parties cannot agree on the constitution of the tribunal, we act in Section 11 applications for appointment of arbitrators, including disputes over the existence, validity, or scope of the arbitration agreement at that stage, challenges to an arbitrator’s independence or impartiality under Sections 12 & 13, and applications under Section 14 for termination of an arbitrator’s mandate on grounds of inability to act.

We also advise on interim protection by acting on applications under Section 9 for interim measures before or during arbitral proceedings, including injunctions, security for the claim, preservation of assets, and appointment of receivers, as well as applications under Section 17 seeking equivalent interim relief directly from the arbitral tribunal once constituted.

Once an award is rendered, we act in challenges under Section 34, including grounds relating to public policy, patent illegality, incapacity, invalid arbitration agreement, want of proper notice, matters beyond the scope of submission to arbitration, and improper composition of the tribunal or procedure. Equally, for award-holders, we resist such challenges and pursue enforcement under Section 36, including applications for stay of enforcement pending a Section 34 challenge, and appeals under Section 37 against orders on interim measures or the setting aside of awards. We also advise on enforcement of foreign awards under Part II of the Act, including objections to enforceability under Sections 48 and 57.

Beyond adjudication, we assist with mediation, conciliation, and structured settlement discussions, including drafting and negotiating settlement terms, and documenting negotiated resolutions in a manner that is enforceable and forecloses future disputes on the same subject matter.