Arbitration
The firm advises clients on the laws
of domestic and international arbitration in India. We assist clients
in enforcement of arbitral awards, challenging an arbitral award
(domestic) if necessary on the grounds mentioned in the (Indian)
Arbitration and Conciliation Act, 1996. We also appear before the
arbitrators and arbitral tribunals on behalf of our clients.
Arbitration & Dispute
Resoulution:
The
enactment of the Arbitration and Conciliation Act, 1996 has given much
hope for arbitration to develop as an alternative dispute resolution in
India. The repeal of the archaic Arbitration Act, 1940 which provided
for a re-affirmation of an arbitral award before a civil court, set a new
beginning in the history of arbitration in the country.
Salient features of
Arbitration Law:
An arbitral
award (including a foreign award) has the status of a decree of an Indian
Court and hence can be enforced directly against the losing party before
an execution court.
The post of an Umpire (under the old law) has
been removed.
The Arbitral Tribunal can be single or
multiple. However there cannot be an arbitral tribunal consisting of
an even number of arbitrators.
The arbitration law also provides
for mediation and conciliation in addition to arbitration.
Where
the arbitration clause or agreement does not contain the name of the
arbitrator recourse may be had to the High Court of the concerned
jurisdiction to appoint an arbitrator.
Institutional Arbitration
recognized under the Act.
