Domestic arbitration
Ad hoc and institutional arbitration under Part I of the Act, from the notice invoking arbitration to the award.
Arbitration & Mediation
Many commercial contracts send disputes to arbitration rather than to court. The firm acts in domestic and international arbitration, ad hoc and institutional, in mediation, and in the court applications that support or challenge an award.
Overview
An arbitration is shaped by its clause: the seat, the rules, the number of arbitrators and how they are appointed. Courts support the process at its edges, granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, before or during the arbitration and until the award is enforced, and hearing challenges under Section 34, which must be filed within three months of receiving the award, plus up to thirty days for sufficient cause.
Mediation now has a statutory framework in the Mediation Act, 2023, and for most commercial suits pre-institution mediation is a step the law requires. Multi-tier clauses can build negotiation and mediation into a contract before arbitration begins.
What the practice covers
Each heading opens onto a page that explains the law, the procedure and the forum in detail.
International and institutional arbitration
Arbitration under the rules of institutions such as the ICC, LCIA and SIAC, and Indian court support for arbitrations seated abroad.
Interim relief and appointments
Applications to court under Section 9, interim measures before the tribunal under Section 17, and the appointment of arbitrators under Section 11.
Challenges to and enforcement of awards
Setting aside under Section 34, appeals under Section 37, extensions of time under Section 29A, and the enforcement of domestic and foreign awards.
Mediation and settlement
Pre-institution mediation in commercial suits, mediation under the Mediation Act, 2023, and negotiated settlements.
Dispute resolution clauses
Arbitration and multi-tier clauses drafted or reviewed in contracts, so that the seat, the rules and the steps before arbitration are clear.
Where the work is done
- Arbitral tribunals, ad hoc and institutional
- Commercial Courts and the High Court of Chhattisgarh
- Institutions including the ICC, LCIA, SIAC and the Indian Council of Arbitration
- Mediation under the Mediation Act, 2023
Questions clients ask
Can a court grant interim relief before the arbitration starts?
Yes. Under Section 9 of the Arbitration and Conciliation Act, 1996, a party can apply to court before arbitral proceedings begin, for example to secure the amount in dispute or restrain the sale of assets. If protection is granted, the arbitration must commence within 90 days or such further time as the court fixes. Once the tribunal is constituted, the court will ordinarily leave interim relief to the tribunal under Section 17.
How long does a civil suit take in Raipur?
It depends on the court's workload, the number of witnesses and how the parties conduct the case, so any estimate is given only after the pleadings are in. Commercial suits run to a tighter timetable: the written statement cannot be filed beyond 120 days from service, and the court fixes a calendar at the case management hearing. Interim applications are decided much earlier and often settle the practical position long before trial.
How long does an arbitration take in India?
In a domestic arbitration, Section 23(4) requires pleadings to be completed within six months of the arbitrators' appointment, and Section 29A requires the award within twelve months after that. The parties can extend the period by six months, and further extensions need the court. International commercial arbitrations are expected to aim for the same timetable but are not bound by it. Court challenges after the award add to the total.
What is the time limit for filing a money recovery suit?
Under the Limitation Act, 1963, most suits for money due under a contract, for goods sold and delivered or on a loan must be filed within three years, counted from the date the relevant article of the Act specifies. A written acknowledgment of the debt signed before the period expires starts a fresh period (Section 18), and so can a part-payment (Section 19). Delay in filing a suit, unlike delay in an appeal, cannot be condoned.
On what grounds can an arbitral award be set aside?
Only on the grounds in Section 34: incapacity of a party, an invalid arbitration agreement, lack of proper notice or inability to present the case, decisions beyond the scope of the reference, a tribunal or procedure not in line with the agreement, a non-arbitrable dispute, or conflict with the public policy of India. Domestic awards can also be set aside for patent illegality on the face of the award. Mere errors of law or fact are not enough.
Can a court stop the other side from selling property while the case is pending?
Yes. A temporary injunction under Order 39 of the Code of Civil Procedure can restrain a transfer of the property in dispute, and attachment before judgment under Order 38 can secure property that a defendant is disposing of to defeat a decree. In any case, under Section 52 of the Transfer of Property Act, 1882, a transfer made while a suit about the property is pending is subject to the outcome of the suit.
Discuss an arbitration or mediation
Call, write or visit the Raipur or Bilaspur office to discuss a matter. Please do not send confidential documents until the firm has confirmed that it can act for you.
