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What is Arbitration Proceeding and Why Choose it Over Court Litigation?

Arbitration is a way to resolve disputes outside of court. Instead of going to trial, both parties agree to let a neutral third party (called an arbitrator) decide the case. It's governed by the Arbitration and Conciliation Act, 2015 and offers a faster, private alternative to traditional court litigation.

At Metis Law Chamber, we have handled over 180 arbitration cases. We represent parties in both domestic and international arbitration with high success rate.

Why Choose Arbitration Over Court?

  • Faster resolution : Cases typically resolve in months, not years
  • Private and confidential : Proceedings aren't public, protecting your business reputation
  • More control : You help choose the arbitrator and set the rules
  • Expert decision-makers : Arbitrators often have specialized industry knowledge
  • Less expensive : Generally costs less than long court battles
  • Final decisions : Very limited grounds for appeal, so disputes end faster

When Arbitration is Used:

  • Commercial contract disputes
  • Construction and real estate conflicts
  • Partnership and shareholder disagreements
  • Supply and distribution disputes
  • International business disputes
  • Employment contract issues

Our Arbitration Services:

  • Drafting arbitration agreements and clauses
  • Representing clients in arbitration proceedings
  • Appointing and challenging arbitrators
  • Enforcing arbitration awards in court
  • Challenging or setting aside awards
  • International arbitration under ICC, SIAC, LCIA rules

Is Your Contract Subject to Arbitration?

Many commercial contracts include arbitration clauses. If you are in a dispute, we will review your agreement and advise whether arbitration or court litigation is the better path.

  └─ Purpose of Arbitration Under Indian Law

Arbitration is a legal process where disputes are resolved by a neutral arbitrator instead of going to court. It works when both parties agree (usually in their contract) to use arbitration instead of litigation.

The Purpose of Arbitration:

Arbitration gives parties a structured, legally recognized way to settle disputes based on their agreement. It's binding and enforceable like a court judgment.

How Courts Support Arbitration:

Indian courts respect arbitration agreements and minimize interference. They only step in to:

  • Appoint arbitrators if parties can't agree
  • Enforce arbitration awards
  • Set aside awards in rare cases (fraud, violation of law)

  └─ Complete Arbitration Process - From Notice to Award

1

Dispute Analysis & Arbitration Assessment

Comprehensive evaluation of arbitration clause, dispute merits, and strategic options for proceeding with arbitration or settlement.

2

Notice of Arbitration & Response

Draft and serve notice of arbitration or respond to notice, setting out claims, defenses, and preliminary procedural positions.

3

Arbitrator Appointment & Constitution

Assist in arbitrator selection, challenge proceedings if needed, and ensure proper constitution of arbitral tribunal.

4

Statement of Claims & Defense

Prepare comprehensive statement of claims/defense with supporting evidence, legal arguments, and relief sought.

5

Evidence & Hearing Proceedings

Conduct document discovery, witness examination, expert testimony, and present case during arbitration hearings.

6

Award & Enforcement

Secure favorable arbitral award and assist with enforcement or challenge proceedings as required.

  └─ Types of Arbitration Services We Handle

We provide comprehensive arbitration services across all categories with specialized expertise:

  • Ad-hoc Arbitration: Arbitration without institutional administration
  • Institutional Arbitration: Delhi International Arbitration Centre (DIAC), MCIA
  • Fast Track Arbitration: Expedited proceedings for smaller disputes
  • Emergency Arbitration: Urgent interim relief before tribunal constitution
  • Construction Arbitration: Infrastructure and construction contract disputes
  • Commercial Arbitration: Business and trade dispute resolution

Sector-Specific Arbitration:

  • Construction & Infrastructure: EPC contracts, project disputes, delay claims
  • Oil & Gas: Energy sector contracts and joint venture disputes
  • Technology & IT: Software development, licensing, and service disputes
  • Banking & Finance: Financial services and lending disputes
  • Real Estate: Property development and transaction disputes
  • Manufacturing: Supply chain and distribution agreement disputes

Specialized Arbitration Services:

  • Maritime Arbitration: Shipping and maritime commercial disputes
  • Sports Arbitration: Sports-related commercial and disciplinary matters
  • Insurance Arbitration: Insurance claim and coverage disputes
  • Intellectual Property: Patent, trademark, and licensing disputes

  └─ Arbitration vs Court Litigation - Making the Right Choice

Understanding the differences helps in making informed decisions about dispute resolution:

Arbitration Advantages:

  • Speed: Typically resolved in 12-24 months vs 5-10 years in courts
  • Confidentiality: Private proceedings protect business interests
  • Flexibility: Parties control procedure, schedule, and evidence rules
  • Expertise: Arbitrators with specialized industry knowledge
  • International Enforcement: New York Convention ensures global award recognition
  • Limited Appeals: Finality provides quick closure
  • Neutral Venue: Neutral location for international disputes

Court Litigation Advantages:

  • Established Procedures: Well-defined court rules and procedures
  • Precedent Value: Creates legal precedents for future cases
  • Public Record: Transparency in judicial proceedings
  • Contempt Powers: Strong enforcement mechanisms
  • Appeal Rights: Multiple levels of appeal available
  • No Cost for Adjudicator: Judges provided by state

When to Choose Arbitration:

  • Commercial Disputes: Business-to-business contractual conflicts
  • International Transactions: Cross-border commercial agreements
  • Technical Disputes: Requiring specialized industry knowledge
  • Confidential Matters: Where privacy is important
  • Time-Sensitive Issues: Requiring quick resolution
  • Ongoing Relationships: Where parties need to continue working together

When Court Litigation May Be Better:

  • Criminal Matters: Cannot be arbitrated
  • Public Law Issues: Constitutional and administrative law
  • Precedent Setting: When legal precedent is important
  • Insolvency Matters: Require court supervision
  • Interim Relief: When extensive interim orders needed

  └─ Arbitral Award Enforcement and Challenge Proceedings

Securing and enforcing arbitral awards is crucial for realizing the benefits of arbitration:

Award Enforcement in India:

  • Domestic Awards: Enforcement under Section 36 of Arbitration Act, 2015
  • Foreign Awards: Enforcement under New York Convention provisions
  • Court Application: File enforcement application in competent court
  • Execution Process: Same as court decree once enforcement order passed
  • Time Limits: Must be enforced within 12 years of award

Grounds for Challenge (Section 34):

  • Incapacity of Party: Party lacked capacity to enter arbitration agreement
  • Invalid Agreement: Arbitration agreement invalid under applicable law
  • Procedural Violations: Party not given proper notice of proceedings
  • Jurisdiction Excess: Award deals with matters outside arbitration scope
  • Improper Constitution: Arbitral tribunal not properly constituted
  • Public Policy: Award conflicts with Indian public policy

International Award Enforcement:

  • New York Convention: Recognition in 160+ signatory countries
  • ICSID Convention: For investment arbitration awards
  • Reciprocal Enforcement: Based on bilateral treaties
  • Local Procedures: Follow enforcement procedures in target country
  • Asset Identification: Locate debtor assets for enforcement

Strategic Enforcement Considerations:

  • Forum Shopping: Choose most favorable enforcement jurisdiction
  • Asset Tracing: Identify and locate debtor assets globally
  • Interim Measures: Prevent asset dissipation during enforcement
  • Settlement Negotiations: Leverage enforcement threat for settlement
  • Parallel Proceedings: Coordinate multiple enforcement actions

Why Choose Metis Law Chamber for Arbitration Services?

180+ Arbitration Cases Handled

Extensive experience in domestic and international arbitration with proven expertise in commercial dispute resolution and award enforcement.

₹60+ Crores Awards Secured

Successfully secured substantial arbitral awards for clients through strategic case preparation and expert arbitration advocacy.

85% Success Rate

High success rate in arbitration proceedings through comprehensive case analysis, evidence preparation, and skilled arbitration advocacy.

Multi-Jurisdictional Expertise

Experienced in ICC, LCIA, SIAC, and domestic arbitration rules with deep understanding of international commercial arbitration.

Complete Arbitration Services

End-to-end services from drafting arbitration clauses to award enforcement including emergency arbitration and interim relief.

Frequently Asked Questions About Arbitration

What types of disputes can be resolved through arbitration?

Most commercial and contractual disputes can be arbitrated including construction, supply, service, joint venture, partnership, licensing, and employment disputes. However, criminal matters, matrimonial disputes, and certain regulatory matters cannot be arbitrated.

How long does arbitration typically take?

Domestic arbitration usually takes 12-18 months, while international arbitration can take 18-24 months. Fast-track arbitration can be completed in 6-10 months. Timeline depends on case complexity and party cooperation.

Can I choose my arbitrator?

Yes, parties can mutually agree on arbitrator selection. If parties cannot agree, arbitrators are appointed by the arbitration institution or court as per the appointment mechanism in the arbitration agreement.

Is arbitration confidential?

Yes, arbitration proceedings are generally confidential unlike court proceedings which are public. However, specific confidentiality terms should be included in the arbitration agreement or institutional rules.

Can arbitration awards be appealed?

Arbitration awards cannot be appealed on merits. However, awards can be challenged on limited grounds under Section 34 of Arbitration Act within 3 months, such as procedural violations or public policy conflicts.

How are arbitration costs determined?

Costs include legal fees, arbitrator fees, and institutional fees. Arbitrator fees are usually based on claim amount and complexity. The arbitral tribunal decides who bears the costs, typically the losing party pays.

Can I get interim relief in arbitration?

Yes, arbitral tribunals can grant interim measures like asset preservation, evidence protection, or maintaining status quo. Emergency arbitrators can provide urgent interim relief even before tribunal constitution.

Client Testimonials – Arbitration Matters

SM

Saurabh Mehta

Chandigarh

⭐⭐⭐⭐⭐

"I consulted the firm for an arbitration matter arising out of a commercial agreement. The lawyers explained the arbitration process clearly and guided me through each stage."

NA

Neha Aggarwal

Mohali

⭐⭐⭐⭐⭐

"The legal team assisted me with an arbitration proceeding and explained the role of the arbitrator and court involvement in simple terms."

RB

Rohit Bansal

Panchkula

⭐⭐⭐⭐

"I received clear advice on whether arbitration was appropriate for my dispute and how the process would move forward."

AK

Amit Khurana

Chandigarh

⭐⭐⭐⭐⭐

"Professional handling of my arbitration matter. The lawyers were transparent about procedure and legal limitations."

PM

Pooja Malhotra

Mohali

⭐⭐⭐⭐

"The arbitration process was explained clearly, including timelines, hearings, and enforcement of the award."

VS

Vikas Sharma

Kullu

⭐⭐⭐⭐⭐

"I appreciated the balanced and legally sound guidance provided in my arbitration case without unrealistic assurances."

Choose Arbitration for Faster Resolution

Time matters in business disputes - Act strategically today

Don't let lengthy court battles drain your business resources

Get professional assessment of your arbitration options and the most effective dispute resolution approach from our experienced arbitration specialists

120+ Arbitration Cases Handeled
98% Success Rate
Experienced Arbitration Lawyers

  └─ Free Arbitration Strategy Consultation

Complete Arbitration Legal Services:

  • Arbitration Agreement Drafting: Strategic clause drafting for optimal dispute resolution
  • Arbitration Proceedings: End-to-end management of domestic and international arbitration
  • Emergency Arbitration: Urgent interim relief and asset protection measures
  • Award Enforcement: Domestic and international award enforcement proceedings
  • Challenge Proceedings: Award challenge and defense in appropriate courts
  • Sector-Specific Expertise: Specialized knowledge in construction, energy, IT, and manufacturing disputes.