Arbitration & ADR Lawyer in Delhi | Commercial Dispute Resolution

Professional Dispute Resolution

The Arbitration and Conciliation Act, 1996 (as amended in 2015, 2019, and 2021) provides a robust framework for resolving commercial disputes outside the court system. Arbitration is private, confidential, and produces a final and binding award that is enforceable like a court decree under Section 36 of the Act. For businesses, this offers significant advantages over traditional litigation: you avoid a public court record, the proceedings are far faster, and you have greater control over the choice of arbitrator. We represent clients as Claimants and Respondents in ad-hoc and institutional arbitration proceedings across all sectors, and we also advise on the drafting of effective arbitration clauses in commercial contracts.

Commercial Arbitration

We handle complex business and contractual disputes through both ad-hoc and institutional arbitration proceedings. Our services include issuing of the Notice invoking arbitration, appointment of arbitrator(s) (sole or panel of three), filing of Statement of Claim or Statement of Defence, presenting oral and documentary evidence, cross-examination of the opposing party's witnesses, and final arguments. An arbitral award is fully enforceable as a decree, making it as legally potent as a court judgment while being achieved far more efficiently.

Construction & Infrastructure Disputes

Construction and real estate contracts frequently contain mandatory arbitration clauses. Disputes in this sector involve delayed completion, cost overruns, disputes over the quality of work, claims for escalation of material costs, and termination of contracts. These disputes are often technically complex and require a detailed appreciation of engineering standards alongside legal principles. We engage expert witnesses and present clear technical evidence to the Arbitral Tribunal.

Mediation & Conciliation

Not every dispute needs to be fought until a final award. Mediation and conciliation are structured negotiation processes facilitated by a neutral third party, aimed at achieving a mutually acceptable settlement that preserves the business relationship. Under the Mediation Act 2023, mediated settlements are now legally binding and directly enforceable. We guide clients through mediation proceedings, ensuring you enter the process with a clear strategy and a full understanding of your legal and commercial leverage.

Court-Assisted Appointment & Award Challenges

When parties fail to agree on an arbitrator, we file an application under Section 11 of the Arbitration and Conciliation Act before the Delhi High Court for judicial appointment. We also advise on and file applications to challenge improperly constituted tribunals. Post-award, we advise on the limited grounds available to challenge an arbitral award under Section 34 — such as patent illegality or conflict with public policy — and also enforce awards against resisting parties by filing execution petitions under Section 36.

Frequently Asked Questions

Is arbitration faster than going to court in India?

Yes, significantly. The 2015 amendment to the Arbitration Act mandates that domestic arbitral proceedings must be concluded within 12 months of the tribunal being constituted (extendable by 6 months with party consent). In comparison, commercial civil disputes in Delhi District Courts or the High Court can routinely take 5–10 years or more to reach a final verdict. This time advantage is one of the most compelling reasons businesses prefer arbitration.

Can I go to arbitration if the contract doesn't have an arbitration clause?

Yes. If there is no pre-existing arbitration clause in the contract, the parties can still agree to resolve their dispute through arbitration by entering into a separate Arbitration Agreement after the dispute arises. This agreement must be in writing. We help parties negotiate and draft such submission agreements, enabling them to benefit from arbitration even without a prior clause.

Can an arbitral award be cancelled by a court?

An award can be set aside under Section 34 of the Act only on very limited grounds: if a party was under some incapacity, the arbitration agreement is invalid, proper notice was not given, the award deals with disputes beyond the scope of the agreement, the composition of the tribunal was improper, the subject matter of the dispute is not capable of settlement by arbitration, or the award is in conflict with the public policy of India. Courts are very reluctant to interfere with arbitral awards on merits.

What is the difference between ad-hoc and institutional arbitration?

In ad-hoc arbitration, the parties directly appoint the arbitrator(s) and agree on the rules and procedure themselves. It is flexible but requires more coordination. Institutional arbitration is administered by an established arbitral institution like the Indian Council of Arbitration (ICA), the Delhi International Arbitration Centre (DIAC), or the International Chamber of Commerce (ICC), which provides its own procedural rules, secretarial support, and a roster of approved arbitrators. Institutional arbitration offers greater structure and predictability.

Arbitration & ADR