Commercial Arbitration & Alternative Dispute Resolution

Support with institutional and ad hoc arbitration proceedings.

Service Scope & Overview

Arbitration and other dispute-resolution processes provide private, expedited alternatives to court litigation. We assist with arbitration clauses, notices of invocation, Section 9 interim relief, representation before arbitral tribunals, and Section 34 / 36 award litigation.

Detailed Scope

Areas of Service & Documentation

Category 01

Arbitration Invocation & Interim Protection

Pre-arbitration steps and urgent court remedies.

Drafting and serving notices invoking arbitration under Section 21
Petitions for urgent interim protection under Section 9 before High Courts
Applications under Section 11 for judicial appointment of independent arbitrators
Challenging arbitrator independence and disclosures under Section 12

Category 02

Tribunal Pleadings & Evidentiary Proceedings

Conducting cases before sole arbitrators and arbitral tribunals.

Drafting Statement of Claims, Statement of Defense, and Counter-Claims
Applications for interim measures before the tribunal under Section 17
Filing witness affidavits, documentary discovery, and conducting cross-examination
Final oral submissions and written arguments on legal precedents

Category 03

Award Enforcement & Challenge Proceedings

Enforcing or resisting arbitral awards.

Petitions under Section 34 setting aside arbitral awards on grounds of public policy
Execution and attachment proceedings under Section 36 for award realization
Enforcement of foreign arbitral awards under the New York and Geneva Conventions
Commercial mediation and conciliation under the Mediation Act, 2023

Deliverables

Key Professional Deliverables

Drafting notices invoking arbitration and response to invocation notices

Petitions under Section 9 for interim measures of protection before High Courts

Applications under Section 11 for appointment of sole arbitrators or tribunal constitution

Drafting Statement of Claims, Statement of Defence, and Counter-Claims

Representation during evidence examination and oral arguments before arbitral tribunals

Applications under Section 34 challenging arbitral awards on grounds of public policy or patent illegality

Enforcement proceedings under Section 36 for execution of arbitral awards

Commercial mediation and structured negotiations for settlement agreements

Process

Procedural Workflow & Steps

Notice Invoking Arbitration (Section 21)

Serving formal notice outlining claims, invoking the arbitration clause, and nominating arbitrator.

Interim Protection & Tribunal Constitution

Securing Section 9 interim orders from High Courts and moving Section 11 if arbitrator appointment is disputed.

Pleadings & Oral Evidence Hearings

Filing claims, defenses, evidence by affidavit, and arguing the matter before the arbitral tribunal.

Award Execution or Section 34 Challenge

Executing the award as a civil court decree or moving setting-aside petitions under Section 34.

Statutory Framework & Regulatory Notes

Arbitration and conciliation matters are governed by the Arbitration and Conciliation Act, 1996 and the Mediation Act, 2023.

Governing Enactments:

Arbitration and Conciliation Act, 1996Mediation Act, 2023High Court at Calcutta Arbitration Rules

Guidance

Frequently Asked Questions

Once an arbitral tribunal is constituted, interim relief is normally sought directly from the tribunal under Section 17, unless the tribunal is unable to grant effective relief.

Involved in a Commercial Dispute or Arbitration?

Consult with our dispute resolution counsel to evaluate arbitration clauses, interim relief, or award enforcement.

Contact Chambers