Arbitration and Commercial Disputes

Commercial disputes are won or lost on the contract and the paper trail. We read both before we advise on the forum, and where the contract has an arbitration clause we use the interim remedies the law offers to protect the claim while the arbitration runs.

We also act on the enforcement side – turning awards and decrees into money, including foreign awards.

What we handle

• Interim relief From the court under Section 9 and from the tribunal under Section 17 of the Arbitration and Conciliation Act, 1996.
• Appointment of arbitrators Section 11 petitions in the High Court.
• Conduct of arbitrations Pleadings, evidence and hearings, within the time limit in Section 29A.
• Challenges to awards Section 34 petitions (within three months, extendable by 30 days) and appeals under Section 37.
• Enforcement Of domestic awards under Section 36 and of foreign awards under Part II.
• Commercial suits and MSME claims Suits under the Commercial Courts Act, 2015, and references to the MSME Facilitation Council.

Questions clients ask

Should I go to arbitration or court?

If the contract has an arbitration clause, the dispute usually goes to arbitration; it is private and often faster.

Can an arbitration award be challenged?

Only on limited grounds under Section 34, within three months of receiving the award.