International ArbitrationEnforcementSection 34Emergency ReliefClause Drafting
AMLEGALS / Arbitration
Arbitration & Dispute Resolution

The dispute is decided in the clause, long before the hearing.

From the seat written into a contract to the day a foreign award is enforced against assets in India, the same discipline holds the file. Every position taken at the drafting table has to survive the tribunal, the supervisory court and the enforcing court. We build it to.

An arbitration is won or lost three times — when the clause is drafted, when the award is rendered, and when it is enforced. The party with disciplined counsel at all three controls the outcome.
1996
The Arbitration and Conciliation Act, as amended in 2015, 2019 and 2021
170+
New York Convention states whose awards India is bound to enforce under Part II
TCL
Technical, Commercial and Legal lens on every clause, claim and award
The arbitration lifecycle

Six decisions that decide the dispute.

Each stage of an arbitration constrains the next. The seat fixes the supervisory court; the clause fixes the institution; the interim order shapes the leverage; the award fixes the challenge; the challenge fixes enforcement. We hold every link in that chain so none of them breaks.

Institutions & forums

Every major seat your contract is likely to name.

International contracts rarely choose Indian courts. They choose an institution and a seat - SIAC in Singapore, the ICC in Paris, the LCIA in London, the DIFC in Dubai, or a specialist trade body like GAFTA. Each carries its own rules, its own supervisory court and its own path to enforcement in India. We draft for the forum you choose and conduct the reference inside it.

The AMLEGALS method

From the arbitration clause to the enforced award.

Each stage hands a clean record to the next. The clause anchors the jurisdiction. The pleadings frame the issues. The interim relief preserves the asset. The award closes the merits. The enforcement converts paper into recovery.

01

Clause & Strategy

Seat, venue, governing law, institution, arbitrators and language fixed before any dispute is conceivable.

02

Commencement & Interim Relief

Notice of arbitration, Section 9 and Section 17 applications, and emergency arbitrator relief to hold the position.

03

Tribunal & Hearing

Constitution under Section 11, pleadings, evidence, expert and witness strategy, and the merits hearing.

04

Award & Challenge

Securing or resisting the award, and prosecuting or defending a Section 34 setting-aside application.

05

Enforcement & Recovery

Execution of domestic awards under Section 36 and foreign awards under Part II against assets in India.

The TCL Framework

Every dispute has a technical, a commercial and a legal seam. The award holds only if all three do.

A legal argument that misreads the technology collapses under cross-examination. A commercial claim that cannot be evidenced is noise. Our framework reads the dispute under all three lenses at once — so the pleadings, the experts and the award sit on one coherent record.

  • Technical: the system, the data, the engineering, the standard breached
  • Commercial: the contract value, the loss, the counterparty, the market
  • Legal: the clause, the Act, the precedent, the seat and the enforcing forum
  • One record, three lenses, no internal contradictions
Read the arbitration guide
The law that governs this practice
Arbitration in India is governed by sections and clocks, not by sentiment.
Each of these provisions becomes a strategic variable. We track them because the clause, the challenge and the enforcement all have to live inside them.
S. 34
Setting aside an award
The only gateway to challenge a domestic award — limited grounds, a strict limitation period, and no appeal on merits.
Act of 1996
Part II
Foreign award enforcement
Sections 44–52 give New York Convention awards a narrow, pro-enforcement path through Indian courts.
NY Convention
S. 9 & 17
Interim measures
Court-ordered and tribunal-ordered protection — asset freezes, status quo and security — that decide leverage before the merits.
Act of 1996
S. 11 & 16
Appointment & jurisdiction
Tribunal constitution and the kompetenz-kompetenz principle — the tribunal rules on its own jurisdiction first.
Act of 1996
Answers

What parties ask before they engage us.

Short, direct, on the record.

01What does AMLEGALS cover under arbitration and dispute resolution?

AMLEGALS advises and represents parties across the full arbitration lifecycle under the Arbitration and Conciliation Act, 1996: drafting and pressure-testing arbitration agreements, commencing and defending domestic and international commercial arbitrations, emergency and interim relief under Sections 9 and 17, setting-aside challenges under Section 34, and enforcement of both domestic awards under Section 36 and foreign awards under Part II (New York Convention). Every mandate runs under the firm’s TCL Framework™.

02Does AMLEGALS handle both institutional and ad hoc arbitration?

Yes. The firm acts in ad hoc arbitrations and in institution-administered references before SIAC, ICC, LCIA, the MCIA and the Delhi and Mumbai centres, and advises at the drafting stage on which route fits the contract, the counterparty and the likely dispute.

03Can a foreign arbitral award be enforced in India?

Yes. A foreign award from a New York Convention country notified by India is enforceable under Part II (Sections 44–52) of the Arbitration and Conciliation Act, 1996. Since the 2015 amendment and decisions such as Vijay Karia v Prysmian and Government of India v Vedanta, the public policy ground for refusing enforcement is construed narrowly, and the enforcing court does not re-open the merits.

04On what grounds can an Indian arbitral award be set aside?

A domestic award can be challenged under Section 34 only on the limited grounds in that section — incapacity, an invalid arbitration agreement, lack of notice or inability to present a case, the award exceeding the scope of reference, improper tribunal composition, non-arbitrability, conflict with the public policy of India, or, for purely domestic awards, patent illegality on the face of the award. The court does not sit in appeal on the merits.

05When should arbitration counsel be engaged?

The cheapest dispute to win is the one engineered at the drafting table. Engaging counsel when the arbitration clause is written — seat, venue, governing law, institution, number of arbitrators and language — prevents the jurisdictional fights that otherwise consume the first year of a reference. Where a dispute is already live, early counsel secures interim relief and preserves the record.

Engage AMLEGALS

Bring us the clause before the dispute, or the dispute before the hearing.

The earliest mandate is the most valuable. Seat, institution and governing law are decided long before a notice of arbitration is ever served.

Request a confidential consultation[email protected]
Engagements are conducted under attorney work product and privilege.