Arbitration and mediation offer ways to resolve disputes outside the ordinary court process. Arbitration ends in a binding award. Mediation helps the parties reach their own settlement with the assistance of a neutral mediator.
We represent parties in arbitrations and mediations, and in connected court proceedings.
What this covers
- Drafting arbitration and mediation clauses
- Interim measures from court or the tribunal
- Appointment of arbitrators
- Conduct of arbitral proceedings
- Challenges to and enforcement of awards
- Pre-institution and court-referred mediation
How the process generally works
- Check the agreement
We review whether there is a valid arbitration agreement and what it requires.
- Notice and appointment
Arbitration usually begins with a notice invoking the clause and the appointment of the tribunal.
- Award
After pleadings and hearings, the tribunal makes an award, which can be challenged only on limited grounds.
Relevant law
- Arbitration and Conciliation Act, 1996: sections 8, 9, 11, 34 and 36
- Mediation Act, 2023
- Commercial Courts Act, 2015, section 12A (pre-institution mediation)
Common questions
How long do I have to challenge an arbitral award?
An application under section 34 must generally be made within three months of receiving the award, extendable by up to 30 days for sufficient cause.