Practice Area

Arbitration & ADR

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Overview

Arbitration has become the preferred mechanism for resolving high-value commercial disputes in India, driven by legislative reforms, judicial support for seat-based jurisdiction, and the growing enforceability of arbitral awards domestically and internationally. The Arbitration and Conciliation Act, 1996 — substantially amended in 2015 and 2019 — now provides a framework that, when used effectively, offers speed, confidentiality, and finality. Corpus Lawyers advises and represents clients across the complete arc of arbitration: from clause drafting at the contracting stage, through interim relief proceedings, to final award enforcement and challenge before courts.

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Arbitration Clause Drafting

Drafting of arbitration agreements and clauses in commercial contracts, covering seat designation, number of arbitrators, institutional versus ad hoc framework, governing law, language, and confidentiality provisions — tailored to the nature, value, and risk profile of the underlying transaction.

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Arbitrator Appointment — Section 11

Advisory and representation in arbitrator appointment proceedings before the Supreme Court and High Courts under Section 11 of the Arbitration and Conciliation Act, 1996; strategic advice on constitution of arbitral tribunals in complex multi-party disputes.

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Interim Relief — Section 9 Applications

Applications for interim measures before courts under Section 9 of the Arbitration and Conciliation Act, 1996, including injunctions, attachment orders, and appointment of receivers — whether before the arbitral tribunal is constituted or during proceedings.

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Arbitral Proceedings

Representation of claimants and respondents in domestic and international commercial arbitrations, including statement of claim and defence, witness strategy, documentary evidence management, expert co-ordination, and final oral arguments.

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Section 34 — Setting Aside Awards

Filing and defending applications to set aside arbitral awards under Section 34 on grounds of patent illegality, violation of public policy, excess of jurisdiction, and failure of natural justice — with a frank pre-filing assessment of merit and cost-risk.

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Section 36 — Enforcement of Awards

Applications for enforcement and execution of arbitral awards as decrees under Section 36; management of stay applications during challenge proceedings; and cross-border enforcement strategy for foreign awards under Part II of the Act.

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International Commercial Arbitration

Advisory on cross-border arbitrations under institutional rules (ICC, SIAC, LCIA, MCIA, DIAC), enforcement of foreign awards, and multi-jurisdictional strategy for disputes spanning more than one jurisdiction.