Arbitration lets parties resolve a dispute outside the regular court process under an agreement between them. Courts still play a supporting role by appointing arbitrators, granting interim relief and hearing challenges to awards.
How the arbitration clause is drafted has real effects. It determines the seat, the number of arbitrators, how they are appointed, and how much time and cost the process may take.
What this covers
- Drafting arbitration clauses
- Notice invoking arbitration
- Interim measures
- Appointment of arbitrators
- Claims and defence before tribunals
- Challenge to awards
- Enforcement of awards
- Mediation and settlement agreements
Principal laws
| Law | Relevance |
|---|---|
| Arbitration and Conciliation Act, 1996 | Sections 8, 9, 11, 21, 29A, 34, 36 and 37 are among the most used. |
| Mediation Act, 2023 | Framework for mediation and mediated settlement agreements, as its provisions are brought into force. |
| Indian Contract Act, 1872 | Validity and breach of the underlying contract. |
Where it is heard
Arbitral tribunals, the courts with jurisdiction under Section 2(1)(e), and the High Court in each State.
Usual steps
- Review the contract and arbitration clause
- Consider urgent interim relief
- Send the Section 21 notice
- Constitute the tribunal, if necessary through Section 11
- Pleadings, evidence and award
- Enforcement or challenge
Documents that are often relevant
- The contract containing the arbitration clause
- Correspondence and notices
- Claim calculations and supporting records
- Any award or interim order
Please keep these safe, but do not send confidential documents until we have confirmed that we will act for you.
Time limits and key points
| Item | Position |
|---|---|
| Award from completion of pleadings | 12 months, extendable by 6 months by consent (Section 29A) |
| Challenge to an award | 3 months, plus up to 30 days on sufficient cause (Section 34) |
| Interim court order under Section 9, before arbitration | Arbitration should begin within 90 days |
Common questions
Can I go to court if the contract has an arbitration clause?
You can seek interim relief under Section 9. If you file a suit on an arbitrable dispute, the other party may ask the court under Section 8 to refer the parties to arbitration.
Can an award be appealed on its merits?
Section 34 allows only limited grounds for challenge. A court does not rehear the case as an ordinary appeal.
This is general information, not legal advice. The law may have changed, and the answer may differ on your facts.