Arbitration in India

The Firm also has a panel of consultant technocrats having domain knowledge and competent Associate lawyers with higher education on dispute resolution to support the partners.  The firm also has handled various high value arbitration matters and related litigation before various courts of India and outside India. The firm has handled high value and complex arbitrations before various Indian & International arbitration panels including institutional arbitrations. Since the senior partners of the firm are advocates on record in the Supreme Court of India they are able to advice the clients more effectively than other firms. The Firm has been invited to be a knowledge partner for various International and Domestic arbitration events in India and abroad.

Domestic arbitration is an arbitration between two or more Indian parties keeping all applicable laws of India. The Firm has conducted many arbitrations seated in different cities of India. The firm’s expertise includes infrastructure, construction contracts like airports, export contracts, Oil and natural Gas supply contracts, joint venture disputes, supply contracts, service contracts, technology contracts, and investment and banking contracts. The firm has handled various high value and complex arbitrations in India before various arbitration panels including institutional arbitrations. The senior partners S. Ravi Shankar and Yamunah Nachiar, of the firm are qualified advocates on record in the Supreme Court of India and hence the Firmis able to advice and serve the clients more effectively than other law firms of India, handling arbitration practice.Our Arbitration related Litigation services relating to Domestic Arbitrations (Domestic arbitrations and India seated International Arbitrations) include the following:

1. Drafting of Arbitration agreements
2. Interim orders under S.9 of the Arbitration and conciliation Act,1996
3. Reference orders under S.8 of the Arbitration and Conciliation Act 1996
4. Applications seeking appointment of Arbitrations under S.11
5. Challenge to Appointment of Arbitrators under S.13
6. Preparation of Claims and Replies
7. Enforcement of Arbitral awards
8. Application seeking to set-aside arbitral award under S.34
9. Appeal to Supreme Court of India

Ad-hoc Arbitrations in India:

In India still most of the arbitrations are Ad-Hoc Arbitrations, because in most of the states in India there are no well-established arbitral institutions. Moreover parties do not draft detailed arbitration clauses specifying the procedure of appointment of arbitrators and hence the arbitration clause becomes an Ad-Hoc Arbitration clause. There are thousands of retired judges practicing as arbitrators in India and there are very few technical arbitrators with exposure to law. Most of the court appointed arbitrators prefer Ad-Hoc Arbitrations since they can conduct the proceedings as per their convenience and charge fees as per their appreciation of the work. The Firm and its partners have conducted and succeeded in many Ad-Hoc Arbitrations before various Supreme Court Judges, High Court judges and technical arbitrators.

The main disadvantages in opting for an ad-hoc arbitration are, possibility of delay in the court in getting the arbitrator appointed through an application under S.11 of the act, a pro-longed proceedings, high un-transparent arbitration fee structure etc., But some of the efficient ad-hoc arbitrators handle the cases more effectively than some of the less efficient arbitral institutions. But still as a general Rule, it is advisable for the parties to incorporate and efficient arbitral institution instead of leaving it for ad-hoc arbitration.

Institutional Arbitrations in India:

Institutional arbitration is popular in foreign countries than the ad-hoc arbitrations for various reasons. The arbitral Institutions have fixed court fees, qualified arbitration panel, rules governing the arbitration proceedings etc., which help smooth and orderly conduction of arbitration proceedings. But India has very less number of popular and efficient arbitral Institutions which include the following:

1. Delhi International Arbitration Centre (DIAC) – New Delhi
2. Indian Council of Arbitration (ICA) – New Delhi
3. Construction Industry Arbitration Council (CIAC) New Delhi
4. LCIA India – New Delhi
5. International Centre for Alternative Dispute Resolution (ICDAR) – New Delhi
6. ICC Council of Arbitration – Kolkata
7. NaniPalkiwala Arbitration Centre – Chennai
8. Arbitration Centre – Karnataka – Bengaluru
9. IMC Suresh Kotak International ADR Centre - Mumbai

The Firm has experience in handling arbitrations in the above mentioned arbitral Institutions in India. The above said Institutions are effectively handling arbitrations in a transparent manner.