Our law firm provides comprehensive services under the Indian Arbitration and Conciliation Act, a statute aligned with the United Nations’ Model Law on International Commercial Arbitration. This Act, introduced in 1996, modernized arbitration law in India by consolidating previous statutes—repealing the Arbitration Act, 1940; the Arbitration (Protocol and Convention) Act, 1937; and the Foreign Awards (Recognition and Enforcement) Act, 1961.
We support our clients in arbitration, a process that facilitates dispute resolution through a neutral third party who reviews the facts and renders a binding decision. This alternative dispute resolution (ADR) approach enables parties, with prior consent in a contract or legal agreement, to resolve disputes without traditional litigation.
Advantages of Arbitration and ADR
Arbitration and ADR offer several advantages for parties seeking an out-of-court settlement:
• Cost-effectiveness: Reduces expenses compared to prolonged litigation.
• Efficient Resolution: Speeds up the dispute resolution process.
• Lower Emotional Stress: Reduces the adversarial nature of traditional litigation.
• Flexibility: Allows parties to define rules and procedures.
• Control Over Outcomes: Empowers parties to manage proceedings.
Our Arbitration Services
Our firm provides a variety of services within arbitration, including:
• Filing of Applications: For appointment of arbitrators via the High Court.
• Interim Relief: Filing petitions for interim relief at any stage of arbitration.
• Setting Aside Awards: Filing petitions under Section 34 of the Arbitration Act, 1999, to set aside awards.
• Execution of Awards: Filing execution petitions before civil courts for award realization.
• Representation: Appearing before arbitrators across India.
• Commercial Disputes: Managing arbitration for commercial disputes.
• Domestic and International Arbitration: Handling both local and cross-border arbitration cases.
• Award Enforcement: Enforcing domestic and international arbitration awards.
Pre-Litigation Mediation
We recommend pre-litigation mediation as an early dispute resolution method, where parties voluntarily attempt to resolve issues before court involvement. This process allows both parties to explore each other’s perspectives with the guidance of a neutral mediator who facilitates dialogue but does not impose a decision. Pre-litigation mediation applies to cases like matrimonial, business, insurance, and civil disputes.
Benefits of Pre-Litigation Mediation
Opting for pre-litigation mediation offers clients a strategic, efficient, and confidential resolution option, with benefits such as:
• Time and Cost Savings: Avoids the expenses and delays of formal court processes.
• Understanding Party Positions: Enables insight into both parties’ demands and concerns.
• Confidentiality: Ensures privacy throughout the mediation process.
The agreements reached in pre-litigation mediation are formalized in a written and signed document, which is then filed in court as a settlement agreement, binding both parties to its terms.
Through our arbitration and mediation services, we empower clients with cost-effective, timely, and controlled dispute resolution, avoiding the stress and expense of traditional litigation.