Arbitration
Contract gone wrong. Clause says arbitration.
The Arbitration and Conciliation Act, 1996, amended in 2015, 2019, and 2021, is now the backbone of commercial dispute resolution in India. Twelve month award timelines, limited court intervention, and direct enforcement as a decree. We invoke, defend, and enforce.
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12 months
Statutory timeline for award
Section 29A(1), A&C Act, inserted by 2015 Amendment
Section 9
Interim relief from court
Section 9, A&C Act, 1996
3 + 1 months
Maximum window to challenge an award
Section 34(3), A&C Act
Like a decree
Award enforceable as civil court decree
Section 36, A&C Act
Across the lifecycle of an arbitration
From the moment the clause is invoked to the moment the award is enforced, the work splits into pre-arbitration, arbitration, and post-arbitration. We act at each stage.
Invocation, interim relief, appointment
Section 21 notice of invocation, Section 9 urgent interim relief from court (asset attachment, status quo, security), Section 11 application for arbitrator appointment, and Section 8 reference where the matter is in court.
Counsel and tribunal representation
Pleadings, evidence, expert witness handling, applications during proceedings, Section 17 interim relief from tribunal, and oral arguments. We act in ad hoc and institutional arbitration including ICA, MCIA, DIAC, SIAC, ICC.
Challenge, defence, enforcement
Section 34 set-aside applications, defence of awards, Section 36 enforcement as decree, foreign award enforcement under Part II, and Section 37 appeals from court orders.
How an arbitration actually unfolds
Statutory timelines aim for finality within 18 months. In practice, with discipline, this is achievable.
Invocation under Section 21
Notice of invocation under Section 21 starts the arbitration. The respondent has 30 days to agree on arbitrator. Section 9 urgent interim relief from court can be obtained before this if assets are at risk.
Day 1 to 30
Constitution of tribunal
Sole or three member tribunal as per the clause. If parties cannot agree, Section 11 application before the High Court (domestic) or Supreme Court (international commercial arbitration) for appointment.
Month 2 to 4
Pleadings and hearings
Statement of claim, statement of defence, counter-claim if any, completion of pleadings within 6 months under Section 23(4), evidence on affidavit, cross examination, and final arguments.
Month 4 to 14
Award and post-award
Award within 12 months from completion of pleadings (Section 29A). Section 34 challenge possible within 3 months plus 30 days. Otherwise the award is enforceable as a civil court decree under Section 36.
Month 14 to 22
Built for arbitration matters, not just any litigation
We are a focused chamber. Each matter is handled by a partner who has actually argued these in court, not delegated to junior associates without supervision.
Drafting the right clause matters as much as winning
We have seen claims fail because the arbitration clause was unworkable, the seat was unclear, or institutional rules were not chosen. We draft and review clauses to be enforceable, not decorative.
Section 9 used aggressively when warranted
Interim relief from court before arbitration commences is one of the most underused remedies. Asset freezing, status quo on properties, and bank account attachment can preserve the realisable claim long before the award.
Section 29A treated as binding
The 12 month timeline under Section 29A is not aspirational. We push pleadings to close on time, keep hearings tight, and seek extension only where genuinely required, never as a tactic.
What clients ask first
Answers grounded in current Indian law. For specifics on your matter, please speak with us.
Section 9 of the Arbitration and Conciliation Act allows you to approach the court for urgent interim measures even before arbitration commences. The court can grant attachment of assets, status quo on properties, restraints on dispositions, and security for the claim. Once obtained, arbitration must be commenced within 90 days under Section 9(2). We have obtained ad-interim orders within 48 to 72 hours where the application is genuinely urgent.Sections 9 and 9(2), Arbitration and Conciliation Act, 1996
Under the 2015 amendment, Section 29A mandates that the arbitral tribunal make its award within twelve months from the date of completion of pleadings. The parties may extend this by six months by consent. Beyond this, only the court can extend, on sufficient cause. So in principle, an arbitration from invocation to award should conclude within 18 to 24 months. The reality depends heavily on tribunal discipline.Section 29A, A&C Act, inserted by Act 3 of 2016 and amended by Act 33 of 2019
Only on the limited grounds set out in Section 34, which include incapacity of a party, invalid arbitration agreement, lack of notice, the award dealing with matters outside the scope of submission, improper composition of the tribunal, the subject matter not being arbitrable, or the award being in conflict with public policy. An application must be filed within three months of receipt of the award, extendable by a maximum of thirty days. The court does not sit in appeal on merits.Section 34, Arbitration and Conciliation Act, 1996
Section 9 is interim relief from the court. Section 17 is interim relief from the arbitral tribunal itself, with the same range of powers. Section 9 can be used before, during, and after the arbitration but before enforcement. Once the tribunal is constituted, Section 9 may not be available unless the tribunal cannot provide an effective remedy. Section 17 orders are enforceable as if they were orders of the court.Sections 9 and 17, A&C Act, 1996
Under Section 36, after the time for filing a Section 34 application has expired or after such an application has been refused, the award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908, as if it were a decree of the court. Foreign awards are enforced under Part II of the Act, depending on whether the country is a reciprocating territory under the New York Convention or Geneva Convention.Section 36 (domestic) and Part II Chapter I (foreign), A&C Act
Indian courts have, in a series of judgments culminating in the Constitution Bench in Cox & Kings Ltd. v. SAP India Pvt. Ltd. (2023), accepted the ‘group of companies’ doctrine to bind non-signatories to an arbitration agreement in appropriate cases. The test is mutual intent of the parties, the relationship of the non-signatory to the signatory, the commonality of the subject matter, and the composite nature of the transaction. The position has evolved significantly post-2023.Cox & Kings Ltd. v. SAP India Pvt. Ltd., 2023 INSC 1051
Arbitration is not court litigation. It needs different skills.
Tribunal procedure, document strategy, expert evidence, and award enforceability all play out differently from a civil suit. We act as counsel in arbitrations and advise on clauses before the dispute arises.