Corporate, Commercial & Tax
Arbitration & Mediation
Arbitration under the Arbitration and Conciliation Act, 1996 and mediation as alternatives to a court trial.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Arbitration is a private process in which a dispute is decided by one or more arbitrators under an arbitration agreement, governed by the Arbitration and Conciliation Act, 1996. The arbitral award binds the parties and is enforced like a court decree. It can be set aside only on the limited grounds in Section 34, by an application usually made within three months of receiving the award. Courts can grant interim measures (Section 9) and appoint arbitrators if the parties cannot agree (Section 11). Mediation, now also governed by the Mediation Act, 2023, is different: the mediator helps the parties reach their own settlement and does not decide the dispute.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
How is arbitration different from a court case?
It is private, the parties choose the arbitrator or the procedure for appointing one, and the award can be challenged only on narrow grounds. How long it takes depends on the dispute and the tribunal, within the time limits in Section 29A.
How is the arbitrator appointed?
As the arbitration agreement provides. If the parties cannot agree, the High Court (or, in international cases, the Supreme Court) can appoint one under Section 11. The arbitrator must disclose any circumstances affecting independence.
Can an award be challenged?
Only on the grounds in Section 34, such as incapacity of a party, an invalid agreement, lack of proper notice, the award going beyond the reference, or conflict with the public policy of India. The application is generally made within three months of receiving the award, extendable by 30 days for sufficient cause.
What is mediation?
A voluntary process in which a neutral mediator helps the parties negotiate. If they settle, the settlement agreement is signed and can be enforced as the law provides; if not, they remain free to litigate or arbitrate.