Practice area
Alternative Dispute Resolution
Arbitration, mediation and conciliation, and the interim relief that often shapes settlement long before a hearing.
The Arbitration and Mediation Landscape
The Arbitration and Conciliation Act, 1996, as amended, is the primary statute, and recent amendments have narrowed the grounds on which awards can be challenged and limited judicial interference at the referral stage. Institutional arbitration has grown alongside ad hoc references, with the Indian Arbitration Council Hyderabad, the Mumbai Centre for International Arbitration and international institutions all seeing more work from Indian parties.
The Commercial Courts Act, 2015 requires pre-institution mediation for commercial suits that do not seek urgent interim relief, which has made mediation a mandatory first step rather than an optional one for a wide band of disputes. Conciliation under the Arbitration and Conciliation Act, and private mediation, both remain available where parties would rather negotiate a settlement than litigate one out.
Interim protection matters disproportionately in arbitration too. A Section 9 application, made before or during the reference, frequently secures the subject matter of the dispute — or the applicant's position — long before the tribunal is even constituted.
How We Support You
We advise on strategy before pleadings: whether arbitration or mediation is the better route for the relief you need, what interim protection is available, and what a realistic timeline and cost look like. Where a negotiated settlement serves the client better than an award, we say so early.
The team drafts and reviews arbitration clauses, acts on Section 11 applications for appointment of arbitrators, and handles ad hoc and institutional references from constitution of the tribunal through award, enforcement and challenge. We also act in mediation and conciliation, and draft settlement terms built to be enforceable rather than merely agreed.
Who We Act For
Indian and international companies, banks and financial institutions, construction and infrastructure parties in arbitrations over delay and variation, shareholders and joint venture partners, and individuals with a commercial dispute better resolved through negotiation than litigation.
What We Handle
The work inside this practice. Each has its own page setting out what it covers, how it is sequenced and where it is heard.
Arbitration Clauses and Appointment of Arbitrators
Drafting and reviewing arbitration clauses at the contract stage, Section 11 applications for appointment where parties cannot agree, and advice on seat, venue, institutional rules and governing law choices that determine how a dispute will actually be resolved.
Read moreDomestic and International Arbitration
Ad hoc and institutional references, claims and counterclaims, document and witness evidence, and hearings. We act in construction and infrastructure arbitrations, shareholder and joint venture disputes, and supply and distribution claims, under institutional rules including those of IAMC Hyderabad, the ICA, the MCIA and SIAC.
Read moreInterim Relief in Aid of Arbitration
Section 9 applications before or during a reference, Section 17 applications before the tribunal once constituted, and the undertakings and security a court or tribunal will usually require in return. Timing is often decisive — we move before the position the applicant needs to protect has already shifted.
Read moreEnforcement and Challenge of Awards
Execution of domestic awards, enforcement of foreign awards under Part II of the Arbitration Act, resisting enforcement on public policy and other permitted grounds, and Section 34 challenges and Section 37 appeals.
Read moreMediation and Conciliation
Pre-institution mediation under the Commercial Courts Act, conciliation under the Arbitration and Conciliation Act, private and institutional mediation, and settlement structuring — with consent terms drafted so that they hold up if a party later has second thoughts.
Read moreDispute Strategy and Forum Selection
An early, candid assessment of whether arbitration, mediation or negotiation gives the best route to the outcome you need, before any process begins — the forum chosen at the outset is difficult and expensive to change later.
Read more
How the Work Is Sequenced
Indicative stages and what each produces. Timelines depend on the case. Where we can give a realistic range, the FAQs below say so.
Dispute strategy
Merits, the arbitration clause where one exists, and the realistic value of the claim reviewed together, with a candid view on whether arbitration, mediation or negotiation gives the best route to what you actually need.
Constitution or referral
Appointment of the tribunal — by agreement, institutional rules or a Section 11 application — or referral to mediation or conciliation, chosen for the forum that fits the dispute rather than the default.
Interim relief
Section 9 or Section 17 applications moved without delay where the subject matter of the dispute needs protecting before the merits are heard.
Pleadings and hearing
Statements of claim and defence, document production, witness and expert evidence, and the hearing itself, run to the tribunal's procedural timetable.
Award, settlement and after
Enforcement, or a Section 34 challenge and Section 37 appeal where the award is genuinely open to one; for a mediated outcome, consent terms drafted to be enforceable on their own.
Jurisdictions, Forums and Regulators
Where cases in this practice are heard, filed or determined.
- Ad hoc arbitral tribunals and institutional arbitration under IAMC Hyderabad, ICA, MCIA and SIAC rules
- High Court of Telangana; High Court of Andhra Pradesh; High Court of Karnataka — arbitration jurisdiction
- Supreme Court of India
- Commercial Courts — pre-institution mediation and Section 9, 34 and 37 proceedings
- Private and institutional mediation and conciliation centres
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Frequently Asked Questions
General information about how this practice works. It is not legal advice and does not create a lawyer–client relationship.
Is arbitration always faster and cheaper than litigation?
Faster, often. Cheaper, not necessarily — you pay the tribunal's fees, the institution's fees and the venue, none of which arise in court. Arbitration is usually the better choice for confidentiality, for technical disputes where you want a specialist tribunal, and for cross-border enforceability. It is a poor choice if you need relief against a non-signatory.
Our contract has no arbitration clause. What are our options?
You can agree to arbitrate after a dispute arises through a separate written agreement, which is sometimes worth proposing, or proceed in the civil or commercial courts instead. We advise on which route better fits the relief you need.
Can we get interim protection quickly in arbitration?
Yes — a Section 9 application can be made even before the tribunal is constituted, and courts do hear genuinely urgent applications at short notice. The threshold is real: a prima facie case, irreparable harm, balance of convenience, and clean conduct, and an undertaking as to damages or security is commonly required.
Is pre-institution mediation compulsory?
For commercial suits under the Commercial Courts Act that do not contemplate urgent interim relief, yes — it is a precondition to filing. We assess at the outset whether your claim qualifies for the urgent-relief exception.
Can a foreign award be enforced in India?
Yes, where the award is made in a reciprocating territory notified under the Act. Enforcement is by application to the appropriate High Court, and the grounds for resisting it are narrow and do not include a rehearing on the merits. Practical timelines depend on the court and on whether enforcement is contested.
How do you charge for arbitration and mediation work?
Usually a retainer for the case combined with hearing fees, or hourly rates for drafting and advisory stages. We give a written estimate broken down by stage at the outset — separate from the tribunal's and institution's own fees, which are not ours to quote.