Commercial Arbitration

Advocating for Your Interests with Strategic Insight and Comprehensive Expertise

What is Commercial Arbitration

Commercial arbitration is a form of alternative dispute resolution where parties agree to settle their commercial disputes outside traditional court litigation. Instead of a judge, an impartial arbitrator or a panel conducts a private hearing and renders a binding decision known as an arbitral award. This method is often preferred for its efficiency, confidentiality, and flexibility compared to conventional courtroom procedures.

Arbitration allows parties to select arbitrators with specific expertise relevant to their dispute, tailor procedures to suit their needs, and resolve conflicts in a more streamlined manner. It is commonly used in sectors such as construction, international trade, finance, and technology, where specialized knowledge and expedited resolutions are highly valued.

Drafting and Reviewing Arbitration Agreements

Assisting in the preparation of clear and enforceable arbitration clauses and agreements to ensure effective dispute resolution mechanisms are in place.

Representation in Arbitration Proceedings

Providing legal representation in domestic and international arbitration cases, including preparation of pleadings, evidence submission, and advocacy during hearings.

Enforcement of Arbitral Awards

Advising on the recognition and enforcement of domestic and foreign arbitral awards in compliance with the Arbitration and Conciliation Act, 1996, and other relevant laws.

Interim Relief Applications

Handling applications for interim measures such as injunctions or asset preservation orders before or during arbitration.

Advisory on Arbitral Procedure and Strategy

Offering guidance on procedural aspects, selection of arbitrators, choice of arbitration institutions, and strategic planning for effective dispute resolution.

Post-Award Proceedings

Assisting with challenges to arbitral awards and defending against such challenges in courts.

Mediation and Conciliation Support

Facilitating alternative dispute resolution methods like mediation and conciliation as complementary or preliminary steps to arbitration.

Training and Workshops

Conducting educational sessions for clients on arbitration practices, recent legal developments, and best practices in dispute resolution.

Sector-Specific Arbitration Expertise

Providing specialized arbitration services tailored to specific industries such as construction, energy, telecommunications, and intellectual property.

Commercial arbitration is a private method of resolving disputes arising out of commercial agreements and transactions. Parties submit their dispute to one or more arbitrators who make a binding decision on the matter.

Arbitration offers several advantages:

  • Confidentiality: Proceedings are private, safeguarding sensitive information.

  • Expertise: Parties can choose arbitrators with specific industry knowledge.

  • Flexibility: Procedures can be tailored to the parties’ needs.

  • Efficiency: Generally faster resolution compared to court litigation.

  • Enforceability: Arbitral awards are widely enforceable under international treaties like the New York Convention.

The process starts when one party submits a request for arbitration in accordance with the arbitration agreement. This includes appointing arbitrators and establishing procedural rules.

Yes, foreign arbitral awards can be enforced in India under the Arbitration and Conciliation Act, 1996, provided they meet certain criteria and do not violate public policy.

The primary legislation is the Arbitration and Conciliation Act, 1996, which is based on the UNCITRAL Model Law on International Commercial Arbitration.

While not mandatory, having legal representation is advisable due to the complex legal and procedural aspects involved in arbitration.

Costs may include arbitrators’ fees, administrative fees of the arbitration institution, legal fees, and expenses related to evidence and expert witnesses. Costs can vary depending on the complexity of the case and the rules of the arbitration institution.

Yes, but only on specific grounds such as lack of jurisdiction, procedural irregularities, or violation of public policy, as outlined in the Arbitration and Conciliation Act, 1996.

Arbitration institutions provide administrative support, procedural rules, and sometimes assist in appointing arbitrators. Examples include the International Chamber of Commerce (ICC) and the Singapore International Arbitration Centre (SIAC).

The duration can vary widely based on factors like the complexity of the dispute, the number of parties involved, and the procedural rules adopted. Arbitration is generally faster than court litigation but can range from several months to a couple of years.