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Arbitration, Mediation & ADR
Arbitration is meant to be faster than the court system. In India it often is not, unless the lawyering is right. LawCrust coordinates domestic and international commercial arbitration, Section 9 interim relief, Section 34 challenges, Section 36 enforcement, and structured mediation for HNI individuals, family offices, and NRIs in disputes that should never have reached litigation.
Background
What arbitration and ADR covers in India
The Arbitration and Conciliation Act 1996 (heavily amended 2015, 2019, 2021) governs both domestic and India-seated international arbitration. Section 9 covers interim relief from courts pre-arbitration. Section 11 covers appointment of arbitrators. Section 34 covers challenges to awards. Section 36 covers enforcement. India is a signatory to the New York Convention, foreign awards are enforceable under Sections 44 to 52. Premium arbitration work spans drafting arbitration clauses, conducting hearings before tribunals (institutional or ad hoc), Section 9 emergency relief, and award challenges/enforcement.
What We Handle
Scope of Work
- ▸ Domestic commercial arbitration before institutional bodies (DIAC, MCIA, ICA) and ad hoc tribunals
- ▸ India-seated international arbitration with foreign parties
- ▸ Section 9 interim relief applications (urgent injunctions, asset preservation, pre-arbitration measures)
- ▸ Section 11 arbitrator appointment applications
- ▸ Section 34 challenge to arbitral awards in High Courts
- ▸ Section 36 enforcement of awards via execution petitions
- ▸ New York Convention foreign award enforcement under Sections 44 to 52
- ▸ Mediation and structured settlement (often faster and cheaper for personal disputes)
Who It's For
HNI individuals, family offices, business partners in dispute, NRIs in contractual disputes with Indian counterparties, and parties seeking arbitration of a commercial agreement.
How It Works
A Four-Step Path to Clarity
- 01Dispute & remedy mapping
A 30-to-45-minute call to scope the dispute, the arbitration clause, the urgency, and the chosen remedy.
- 02Section 9 interim relief (if urgent)
Urgent application before the High Court for interim measures (asset freeze, injunction, security) within days.
- 03Arbitration commencement
Notice of arbitration, tribunal constitution, statement of claim, defence, and pleadings managed end-to-end.
- 04Hearing & award enforcement
Hearings, evidence, award, and post-award enforcement under Section 36 or challenge under Section 34 as appropriate.
Representative Matters
Work We Have Handled in Arbitration, Mediation & ADR
Anonymised practice descriptions. Client identities, matter values, and venues are withheld for confidentiality, per BCI guidelines.
- 01
Acted in a Section 9 interim application for an HNI claimant in a shareholders dispute; asset-freeze granted before the arbitration commenced.
- 02
Conducted an MCIA-administered commercial arbitration on a JV breach; award secured for the client within 14 months from commencement.
- 03
Enforced a Singapore-seated foreign arbitral award before the Bombay High Court under the New York Convention; execution concluded within 20 months.
Cross-Border Matters, India Jurisdiction
India-seated arbitrations and Indian enforcement of foreign arbitral awards are squarely within Indian jurisdiction, before the Indian High Courts. LawCrust handles both. Where the arbitration is foreign-seated (Singapore, London, Hong Kong), we coordinate counsel-of-record locally and handle the Indian enforcement limb.
In Their Words
What Clients Say About Arbitration, Mediation & ADR
"Section 9 asset-freeze within 5 days. The other side was selling their stake to a friendly buyer to dodge the award; we caught them. The arbitration then ran clean and award came in our favour 16 months later."
"Singapore SIAC award enforced in India in 19 months. The Bombay High Court accepted our New York Convention framing. Premium handling start to finish."
"MCIA arbitration on a JV breach. They led the matter to award in 14 months flat, well within Section 29A. Senior counsel briefings were sharp and substantive."
Reviews shown are anonymised at the client's request, identifiers, matter values, and outcomes are withheld for confidentiality per BCI guidelines and our privilege obligations.
Common Questions
Arbitration, Mediation & ADR, Asked & Answered
How long does arbitration in India actually take?
Section 29A of the Arbitration Act mandates a 12-month timeline (plus 6 months by tribunal extension, plus court extension for sufficient cause). In practice, institutional arbitrations (DIAC, MCIA) finish within 12 to 24 months. Ad hoc arbitrations can drag to 3 to 4 years if the parties or tribunal do not enforce the timeline. Premium arbitration counsel actively pushes the timeline.
My contract has an arbitration clause but the counterparty has filed a suit in court. What do I do?
File an application under Section 8 of the Arbitration Act before the court, asking it to refer the matter to arbitration. The court must refer unless the arbitration agreement is prima facie invalid (post the 2015 amendment, courts must not go into the merits). The court ordinarily refers within a few hearings; the suit is then stayed and arbitration commences.
I have a foreign arbitral award. How do I enforce it in India?
Foreign awards from New York Convention or Geneva Convention countries (over 160 jurisdictions) are enforceable in India under Sections 44 to 52 of the Arbitration Act. The procedure is to file an execution petition before a designated High Court, attaching the award and the arbitration agreement, and demonstrating compliance with the limited grounds for refusal under Section 48. Enforcement typically takes 12 to 24 months.
My business partner is liquidating shared assets while the dispute drags on. Can I stop them?
Yes, immediately. File a Section 9 application before the High Court for interim relief, asset freeze, injunction against transfer, or appointment of a receiver. This can be filed BEFORE the arbitration commences and is usually heard within days. We have obtained ex parte freezing orders within 48 to 72 hours in urgent cases.
I want to challenge an arbitral award I lost. What are my chances?
Limited. Section 34 of the Arbitration Act allows challenge only on narrow grounds: arbitrator incapacity, invalid arbitration agreement, lack of proper notice, exceeded scope, procedural irregularity, conflict with Indian public policy. Post the 2015 amendment, courts are far more restrictive; "patent illegality" requires showing fundamental defect. Most awards survive Section 34. Realistic success rate at the High Court: 15-25%.
Is arbitration cheaper than going to court? Honest answer.
Often not, in India. Arbitrator fees + venue costs + counsel fees + transcript costs add up. Where the matter is small (<₹5 crore), litigation in a commercial court is sometimes cheaper. Arbitration is value-for-money for HNI matters, cross-border disputes, and where confidentiality matters. We assess the cost-benefit before recommending the forum.
Speak With Counsel
Discuss Your Arbitration, Mediation & ADR Matter
Share a few details. A member of our team responds within one business day with a written next-step plan. The first call is nominal and confidential.
- ✓ Response within one business day, no IVR, no gatekeepers.
- ✓ Confidential. Information shared here is covered by professional privilege.
- ✓ India-side counsel for NRIs, available in US, UK, Gulf, APAC time zones.
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