Practice Area

Mediation & Arbitration

Domestic and international arbitration, award challenges and enforcement, and mediation.

Overview

Not every dispute needs a full trial. Arbitration and mediation can be faster, private and more flexible, and for many commercial disputes they are now the expected first step.

The chamber represents parties in domestic and international arbitration under the Arbitration and Conciliation Act, 1996. This covers drafting arbitration clauses, appointment of arbitrators, interim relief, conduct of the hearing, and challenges to or enforcement of awards. Foreign awards from New York Convention countries, including the UK, can be enforced in India under Part II of the Act.

The chamber also acts in mediation: pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 (mandatory before most commercial suits that do not seek urgent interim relief), court-referred mediation, Lok Adalat settlements, and mediation under the Mediation Act, 2023. Clients are advised on settlement terms and their enforceability.

Matters handled

  • Drafting arbitration and multi-tier dispute resolution clauses
  • Section 9 interim measures before or during arbitration
  • Section 11 petitions for appointment of arbitrators
  • Conduct of arbitral proceedings: claims, defences, evidence and arguments
  • Section 34 challenges to awards and Section 37 appeals
  • Execution and enforcement of domestic awards
  • Enforcement of foreign awards (Part II, New York Convention)
  • Institutional arbitration (SIAC, ICC, LCIA, MCIA) and ad hoc arbitration
  • Pre-institution mediation under Section 12A, Commercial Courts Act
  • Court-referred mediation and Lok Adalat settlements
  • Mediation under the Mediation Act, 2023 and drafting settlement agreements
  • Cross-border India–UK commercial disputes

How a matter proceeds

1Consultation and review of documents
2Legal research and strategy
3Drafting and filing
4Hearings and regular updates

Key sections of the Arbitration and Conciliation Act, 1996

Stage Provision
Interim relief from court Section 9
Appointment of arbitrator Section 11
Interim measures by tribunal Section 17
Setting aside an award Section 34
Enforcement of a domestic award Section 36
Appeals Section 37
Enforcement of foreign (New York Convention) awards Sections 44–49

Frequently asked questions

Is mediation compulsory before a commercial suit?

For commercial disputes under the Commercial Courts Act, 2015, a suit that does not seek urgent interim relief must first go through pre-institution mediation under Section 12A. The Supreme Court has held this requirement to be mandatory.

How long do I have to challenge an arbitral award?

An application under Section 34 must be filed within three months of receiving the award. The court may extend this by a further thirty days, but not more, if sufficient cause is shown.

Can a UK arbitration award be enforced in India?

Yes. The UK is a New York Convention country notified by India, so an award made there can be enforced in India under Part II of the Arbitration and Conciliation Act, 1996, subject to the limited grounds of refusal in Section 48.

Discuss your matter with the firm

Book a consultation in person in Jaipur, over the phone or on a video call.