Arbitration and Mediation Lawyers in Delhi
If your contract contains an arbitration clause, the civil court will usually refuse to hear the dispute and refer you to arbitration. Delhi is one of India's principal arbitration seats, and the Delhi High Court handles a substantial share of the country's arbitration-related litigation.
What we handle
- Invoking arbitration and appointing an arbitrator
- Section 11 applications before the High Court
- Representation in arbitral proceedings
- Interim relief under Section 9
- Challenging awards under Section 34
- Enforcing domestic and foreign awards
- Institutional arbitration, including before DIAC and ICA
- Court-annexed and private mediation
Key facts
- Governing law
- Arbitration and Conciliation Act, 1996
- Appointment
- Section 11 application before the High Court where parties fail to agree on an arbitrator
- Interim relief
- Section 9 before the court, or Section 17 before the arbitral tribunal once constituted
- Challenge to an award
- Section 34 application, ordinarily within three months of receipt of the award, extendable by a further thirty days on sufficient cause
- Timeline for award
- Statutory timelines apply to the completion of proceedings, subject to extension by the court
How it works
- Check the clauseA badly drafted arbitration clause generates its own litigation. The first step is establishing whether the clause is workable at all.
- InvokeA formal notice invoking arbitration and proposing an arbitrator.
- Constitute the tribunalBy agreement, or by application to the High Court where agreement fails.
- Proceedings and enforcementPleadings, evidence and arguments before the tribunal, then enforcement of the award as a decree.
Common questions
The other party filed a civil suit despite an arbitration clause. What now?
An application under Section 8 of the Act asks the court to refer the parties to arbitration. It must be filed before or at the time of submitting your first statement on the substance of the dispute, so it is time-sensitive.
How long do I have to challenge an arbitral award?
Ordinarily three months from the date of receipt of the award, which the court can extend by a further thirty days if satisfied there was sufficient cause. Beyond that the court has no power to condone the delay.
Is mediation worth attempting?
Frequently, yes — particularly in family, commercial and property disputes where an ongoing relationship or a divisible asset is involved. Settlements recorded in mediation are enforceable, and pre-institution mediation is in any event mandatory for many commercial disputes.
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