Arbitration & Mediation / ADR Practice

Forums

• Supreme Court of India
• High Courts
• District Courts
• Arbitration Tribunals
• Other Statutory Forums for arbitration and mediation.

Practice

• Representation of clients in national and international Arbitration as per the terms of arbitration of arbitration agreement.  
• Statutory ADR practice under:
• Arbitration and Conciliation Act, 1996
  • Issue legal notice, one behalf of one of the parties to an arbitration agreement, to the defaulting party invoking arbitration clause and calling for arbitration as per the terms of the contract.
  • Objections u/s 8 of the Arbitration Act before the Civil Court or High Courts from the side of the defendant/ respondents for referring the matter to arbitration as per the arbitration agreement between the parties.
  • Application u/s 9(1) of the Arbitration Act before the High Court for an interim order in international commercial arbitration matters.
  • Application u/s 9(1) of the Arbitration Act before the Civil/ High Court for an interim order in domestic arbitration matters.
  • File application before the High Court u/s 11(4), 11(5) or 11(6), as the case may be, of the Arbitration Act 1996 in case the parties fail or the arbitrators fail to appoint third arbitrator or if in case the terms of the arbitration agreement demand same, etc.
  • Participate in Arbitration proceeding between parties as lawyer to one of the party in representative capacity as its advocate.
  • Application u/s 27(1) of the Arbitration Act before the Civil Court/ Criminal Court for assistance in taking evidence. The parties may file such application only after taking prior leave from the arbitration tribunal/ arbitrators. Such applications specify— (a) the names and addresses of the parties and the arbitrators; (b) the general nature of the claim and the relief sought; (c) the evidence to be obtained, in particular,— (i) the name and address of any person to be heard as a witness or expert witness and a statement of the subject-matter of the testimony required; (ii) the description of any document to be produced or property to be inspected. (3) The Court according to its rules on taking evidence executes the request by ordering that the evidence be provided directly to the arbitral tribunal.
  • Application u/s 34 for setting aside arbitral award before the District Judge in any District Court of Uttar Pradesh. Limitation 3 Months, from the date on which the party filing such application had received the arbitral award or corrected arbitral award. Beyond 3 Months, delay of only 30 days can be condoned by the court.
  • Arbitration Execution case before the Civil Court for the enforcement of award like a decree of a civil court. Section 36 of the Arbitration Act.
  • Appeal before the High Court (u/s 37) against an order of Court  refusing to refer the parties to arbitration under section 8 of the Arbitration Act;
  • Appeal before the High Court against the order of Civil Court  granting or refusing to grant any measure under section 9 of Arbitration Act;
  • Appeal before the High Court against the order of District Judge setting aside or refusing to set aside an arbitral award under section 34 the Arbitration Act;.
  • File appeal before the High Court against an order of the arbitral tribunal where it rules as to the question of its own jurisdiction the Arbitration Act;.
  • File appeal before the High Court against an order of the arbitral tribunal granting or refusing to grant an interim measure under section 17 the Arbitration Act. 
  • Representation of Clients in national and International Arbitration as per the terms of arbitration of arbitration agreement. 

• Aircraft Act, 1934 – Section 9-B. Arbitration for compensation.
• Cantonments Act, 2006 – Section 325. Application for a Committee of Arbitration
• Chit Funds Act, 1982 – Section 64. Disputes relating to chit business
• Civil Procedure Code, 1908 – Section 89. Settlement of disputes outside the Court
• Commercial Courts Act, 2015 – Section 10. Jurisdiction in respect of arbitration matters
• Commercial Courts Act, 2015 – Transfer of dispute etc.
• Credit Information Companies (Regulation) Act, 2005 – Section 18. Settlement of dispute through arbitration by arbitrator appointed by the RBI.
• Electricity Act, 2003 – Section 158. Arbitration
• Footwear Design and Development Institute Act, 2017 – Section 30. Tribunal of Arbitration
• Industrial Disputes Act, 1947 – Section 17, 17A, 18, 23. Publication of reports and awards
• Insolvency and Bankruptcy Code, 2016 – Section 153. Approval of creditors for certain acts
• Legal Services Authorities Act, 1987 – SOR
• Major Port Trusts Act, 1963 – Section 47.
• Multimodal Transportation of Goods Act, 1993 – Section 26. Arbitration
• Multi-State Co-operative Societies Act, 2002 – Section 84. Reference of disputes
• National Dairy Development Board Act, 1987 – Section 7. Saving of legal proceedings
• National Highways Act, 1956 – Section 3-G.
• Railways Act, 1989 – Section 20-F. Determination of amount payable as compensation
• Religious Endowments Act, 1863 – Section 16. Reference to arbitrators
• Requisitioning and Acquisition of Immovable Property Act, 1952 – Section 12.
• River Boards Act, 1956 – Section 22. Arbitration
• Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 11. Resolution of disputes
• South Asian University Act, 2008 – Section 27. Procedure of arbitration in disciplinary cases against students
• Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 – Section 9-B. Powers of the Special Court in arbitration matters
• Special Economic Zones Act, 2005 – Section 42. Reference of dispute
• Specific Relief Act, 1963 – Section 25. Application of preceding sections to certain awards and testamentary directions to execute settlements
• Telegraph Act, 1885 – Section 7-B. Arbitration of disputes
• Trusts Act, 1882 – Section 43. Power to compound, etc.
• Uttar Pradesh Co-operative Societies Act 1965; Arbitration under Section 71
• Uttar Pradesh Water Management and Regulatory Commission Act, 2008 – Section 19. Arbitration