Advisory on choosing the seat of arbitration and its legal consequences
The Arbitration and Conciliation Act 1996 (as amended in 2015, 2019 and 2021) and the Mediation Act 2023 govern alternative dispute resolution in India. Domestic and international commercial arbitration, ad hoc and institutional (SIAC, ICC, LCIA, MCIA, DIAC), emergency-arbitrator proceedings, enforcement and challenge of awards, and mediation and conciliation are all within AMLEGALS’s practice. The 2015 and 2019 amendments strengthened the pro-arbitration regime: limited grounds for challenge under Section 34, time-bound adjudication (twelve months extendable by six months for domestic arbitration), automatic stay only on payment or deposit, and a formal framework for institutional arbitration.
The Mediation Act 2023 establishes a statutory framework for mediation — pre-litigation and court-referred. Mediated settlement agreements are enforceable as decrees. Cross-border mediation follows the Singapore Convention on Mediation (India is a signatory). AMLEGALS advises on the selection of the arbitral institution and rules, appointment of arbitrators, interim measures under Sections 9 and 17, the conduct of arbitration proceedings, challenge and enforcement of awards under Sections 34 and 36, and mediation and conciliation proceedings.
Drafting and reviewing arbitration clauses, selecting the seat, institution, rules and governing law.
Advising on the appointment of arbitrators under the Act, institutional rules or court intervention under Section 11.
Pursuing or defending applications for interim measures before the court (Section 9) or the arbitral tribunal (Section 17).
Conducting the arbitration — statement of claim and defence, document production, witness examination, written and oral submissions.
Filing or defending applications under Section 34 (challenge) and Section 36 (enforcement) of the Arbitration Act.
Representing parties in mediation under the Mediation Act 2023 and conciliation under Part III of the Arbitration Act.
Under Section 34 of the Arbitration Act, an award may be set aside if: the arbitration agreement was invalid; the party was not given proper notice; the award deals with a dispute not covered by the submission; the composition of the tribunal was improper; the subject-matter is not arbitrable; or the award is in conflict with the public policy of India (interpreted narrowly to mean fraud, corruption, violation of Section 75 of the IT Act, or contravention of the fundamental policy of Indian law).
Under Section 29A, the arbitral tribunal must make its award within twelve months from the date of completion of pleadings. The parties may extend this by six months. Beyond that, extension requires court approval, and the tribunal’s mandate terminates unless extended.
Pre-institution mediation is mandatory under Section 12A of the Commercial Courts Act for commercial disputes that do not seek urgent interim relief. The Mediation Act 2023 also provides for court-referred mediation at any stage. Consumer forums may refer disputes to mediation with party consent.
Yes. Foreign arbitral awards from New York Convention and Geneva Convention countries are enforceable under Parts I and II of the Arbitration Act. The grounds for refusing enforcement are limited to those in Section 48 (mirroring Article V of the New York Convention). India follows the pro-enforcement bias of the Convention.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
Share the key facts for a confidential preliminary assessment of your India matter.