Not every dispute needs to be fought in court for years. Arbitration and mediation offer faster, more confidential ways to resolve commercial disputes. Many contracts in India now include arbitration clauses, and Indian courts increasingly encourage parties to try mediation before proceeding with litigation.
We handle arbitration matters under the Arbitration and Conciliation Act, 1996, including appointment of arbitrators, drafting pleadings and counter-claims, presenting arguments during hearings, and enforcing or challenging arbitral awards in courts. We also represent clients in court-referred mediation and private settlement negotiations.
Arbitration within India, governed by Part I of the Arbitration Act, is commonly used to resolve contractual disputes, shareholder conflicts, construction disputes, and commercial disagreements. The process is faster than court litigation, and the arbitral award is final and binding.
When disputes involve foreign parties or cross-border transactions, international arbitration under Part II of the Arbitration Act applies. Indian courts have become more arbitration-friendly in recent years, and awards from foreign arbitral institutions are enforceable in India under the New York Convention.
Courts in India increasingly refer pending cases to mediation centers to see if parties can settle. Mediation is confidential, flexible, and voluntary. If both sides are willing, it can resolve disputes in weeks instead of years.
Apart from court-annexed mediation, parties can opt for private commercial mediation to resolve disputes before filing lawsuits. This is especially useful in partnership disputes, family business conflicts, and commercial disagreements where preserving business relationships matters.
Arbitration and mediation aren't always the right choice. Court litigation provides public precedents, broader discovery rights, and the ability to appeal. But when speed, confidentiality, and flexibility matter—and when both parties are willing to negotiate—ADR often delivers better results at lower cost.
We've handled domestic arbitrations, international commercial arbitrations, and mediation proceedings. If your contract has an arbitration clause or you're considering mediation to settle a dispute, we can guide you through the process.